San Antonio Motorcycle Accident Attorney
Local news stations report on catastrophic motorcycle accidents in San Antonio almost every week. From being hit by cars on the Northeast Side to intoxicated pedestrians causing accidents on the 610, drivers are often seriously and fatally injured in motorcycle accidents. Getting out of a motorcycle after being hit by a car or being hit by aggressive drivers are some of the common reasons why drivers need specialized legal advice after a traffic accident.
Insurance companies often hold motorcyclists responsible for the accident or the severity of their injuries. Auto insurance adjusters are tasked with reducing their employer's bottom line by shifting liability, offering lower settlements, and preventing accident victims from contacting personal injury attorneys.
Need an experienced motorcycle accident attorney.
Motorcyclists suffer severe injuries because they do not have adequate safety protection against accidents. Be very careful when using these vehicles. In the unfortunate event of a motorcycle accident or injury, we can help. Our experienced motorcycle accident attorneys have a proven track record of successfully representing motorcyclists.
The most common causes of injuries in motorcycle accidents
NHTSA's motorcycle crash statistics report that motorcyclists are nearly 30 times more likely to be killed and four times more likely to be seriously injured in motor vehicle crashes than passengers in passenger vehicles. These staggering statistics highlight the devastating nature of motorcycle accident injuries in San Antonio.
Major trauma factors
More than half of motorcycle deaths and serious injuries occur in Texas during traffic accidents. The Texas Department of Transportation also reports that at least one motorcyclist is killed in a traffic accident every day in Texas.
The most commonly cited causes of motorcycle and vehicle collisions include:
- Driving while intoxicated
- Lack of sufficient lighting/not being able to see cyclists
- Illegal left turn
- High speed
- Unsafe lane change
- Follow up closely.
- road rage
- I don't give
- Road defects and debris (potholes or oil spills)
- Distractions (texting while driving)
- The inexperience of the driver
Many drivers mistakenly believe that larger vehicles, such as trucks and minivans, automatically have the right of way. Thus, they often need to be exposed to motorcyclists or treat motorcyclists as second-class drivers. Several motorcycle safety campaigns focus on reminding drivers to share the road with bicyclists who have the same rights as drivers in San Antonio.
Types of Motorcycle and Vehicle Collisions
Although some factors can lead to catastrophic accidents, including driver medical emergencies, the following accidents often cause devastating injuries to motorcyclists:
- Intersections:Â Studies show that nearly one-third of motorcycle accident deaths occur during collisions at intersections. These accidents often happen when drivers fail to give the right of way to motorcyclists. Sometimes, this occurs when drivers believe they always have the right of way over motorcyclists. Still, other times, it happens when drivers don't look out for smaller vehicles at intersections. These collisions often involve drivers speeding through stop signs and harming motorcyclists proceeding straight ahead. These T-bone collisions can result in high-speed impacts that can cause crushing chest injuries, brain trauma, and fatal spinal cord injuries.
- Tailgating:Â Because of their small size, motorcycles often seem farther away than they are. Thus, drivers of passenger vehicles often need to maintain an adequate distance between their vehicles and motorcycles. A safe distance gives drivers time to bring their cars to a complete stop to avoid hitting a stopped or fallen cyclist. Because motorcyclists can stop their motorcycles faster than drivers, many motorists need to react in time and rear-end the motorcyclist. This often overturns the bike and ejects the rider.
- Passing (clipping): Because motorcycles are considerably lighter than passenger cars, high-speed cars traveling too close to motorcyclists can create drafts that throw them off balance. They may also catch passengers in their rearview mirrors because of impaired depth perception, often caused by intoxication. Merging accidents can also occur when drivers intend to overtake cyclists but misjudge their speed and distance.
- Left Turns: Difficulties judging the distance and speed of a motorcycle often lead to serious left-turn accidents when drivers turn in front of a rider. Many drivers do not use turn signals because they cannot see the motorcyclist, which prevents motorcyclists from anticipating turns and slowing down.
- Hit and Run:Â Texas drivers should not ride directly alongside motorcycles if possible. Maintaining a safe horizontal distance between vehicles can prevent drivers from hitting dropped bicyclists, including those colliding with other cars, those who experience mechanical failure, or making emergency drops. are forced
Other Motorcycle Accident Causes and Legal Options
Some motorcycle accidents do not involve the negligence of the other driver. However, injured cyclists can still recover monetary damages in some cases. Defective brakes, motorcycle parts, and safety equipment can lead to catastrophic accidents that support strict product liability claims. Roadway/parking lot debris, poor lighting, and carelessly designed freeway exits can also contribute to injury and death in motorcycle accidents in San Antonio. These cases may include tort liability or related premises liability claims.
At the White Law Firm, our dedicated motorcycle accident injury attorneys consider the elements of each accident and can bring claims against negligent drivers, parts manufacturers, and public entities.
Catastrophic medical conditions associated with motorcycle accidents
Motorcyclist exposure and subsequent ejection often result in more severe injuries in motorcycle accidents. Many San Antonio motorcyclists sustain primary and secondary impact trauma, such as broken femurs from the impact of the vehicle and brain injuries from the resulting effects on the pavement. Motorcycles cannot absorb and distribute the force of a crash like passenger cars can. Thus, the passenger's body has to bear the brunt of the vehicle's collision. Head and brain injuries are common injuries among motorcycle accident victims, but the damage is often much more extensive than that.
We have helped our clients recover substantial damages for the following serious injuries commonly sustained during motorcycle accidents:
- Moderate to severe traumatic brain injuries (TBI)
- Concussion (Mild TBI)
- Fractures of the skull
- Fractures of the leg
- Dislocated shoulders
- Abrasion burns (road rash) and thermal burns
- Herniated discs
- Paralysis (paraplegia and quadriplegia)
- Kidney damage
- Chest injuries
- Lung puncture
- Broken ribs
- Broken wrists and ankles
- Damage to knee and shoulder tendons.
- Facial fractures, burns, and bruises leave scars.
- Post-Traumatic Stress Disorder (PTSD)
- Fibromyalgia
- deduction
These catastrophic injuries cause various secondary conditions, including organ dysfunction, depression, anxiety, pain disorders, insomnia, bedsores, infections, weight gain or loss, and back pain. Treatment often leads to drug side effects, surgical pain, and even addiction to prescription opioids.
It is essential to consider the long-term effects of these catastrophic conditions on your physical and mental health before accepting insurance settlement offers. Our experienced motorcycle accident team often works with medical, psychiatric, and rehabilitation specialists to develop a comprehensive understanding of your diagnosis and future medical needs. This may include cognitive therapy, family counseling, and pain management services.
Options for Recovering Compensation After Motorcycle Accidents in San Antonio
Every motorcycle accident involves different accident factors, negligent parties, and insurance providers. An experienced San Antonio injury attorney can review your case and recommend the best options for obtaining and maximizing financial compensation. We consider your unique injuries, disabilities, and family situation when we discuss your path to recovering accident damages.
1. Insurance Settlements
Most viable motorcycle accident cases settle with liability insurers without a lawsuit. Many injured drivers can recover financial damages without filing a civil lawsuit against the negligent driver, motorcycle owner, or manufacturer. Insurance settlements typically result in faster lump sum awards without the risk of potential bankruptcy filings. An attorney can help San Antonio motorcycle accident victims identify responsible insurers and enforce disclosure policies.
In Texas, owners of passenger vehicles must have at least $30,000 in liability coverage plus an additional $25,000 in property damage (motorcycle) insurance. Most personal motorcycle insurance policies include uninsured and underinsured motorcycle coverage, and drivers may have personal injury protection (PIP) insurance.
Under federal guidelines, commercial drivers (trucks and buses) are required to carry between $750,000 and $5,000,000, and accidents involving working drivers, including Uber or Lyft, often involve general liability policies. Similarly, public limited companies have special coverage for defective products. Most motorcycle accidents involve one or more possible avenues for insurance recovery.
2. Personal Injury Litigation
If insurance does not provide sufficient coverage to compensate motorcycle accident victims for catastrophic injuries, an attorney may be able to sue the negligent parties directly. Insurance companies often settle claims after lawyers file lawsuits because it can lower costs. They are usually responsible for paying the policyholder's court costs, providing legal representation, and paying judgments up to policy limits.
If your attorney requests summary judgment establishing the negligent driver's liability for the accident, they can settle cases. In rare cases, we may recommend taking your case to a jury. This often happens when the insurance company refuses to offer a reasonable faith settlement, disputes responsibility for the accident, or refuses to cover certain damages. Juries usually return verdicts outside the limits of the insurance policy.
Maximizing the value of motorcycle accident claims
Understanding your legal right to personal injury damages in Texas often prevents insurance fraud. The negligent party is generally responsible for all injuries and medical conditions resulting from a motorcycle accident, including any pre-existing conditions arising from the accident. They should also cover the indirect effects of your injuries, such as lost wages, and compensate you for pain and suffering.
Victims of motorcycle accidents in San Antonio can seek past and future compensation for:
- Surgical and hospital expenses
- Nursing care
- Doctor visits
- Chiropractic and physical therapy expenses
- Maintenance costs
- Medical devices and medicines
- Domestic help, such as cleaning, cooking, and driving services.
- Loss of income, including wages, commissions, business profits, and bonuses earned
- Loss of career advancement opportunities and earning potential.
- Loss of enjoyment of life, such as previous activities and hobbies.
- Physical pain
- Emotional distress
Families can recover funeral expenses, lost inheritance and companionship damages, and advance damages in fatal motorcycle accident cases. Travelers who sustain catastrophic injuries resulting in long-term disability often need help calculating their future losses. Paula White and her motorcycle accident attorneys can hire econometricians to calculate the actual value of your injury claims under Texas law. Submitting these expert calculations to insurers helps maximize the settlement value of your claim.
Benefits of Hiring an Experienced San Antonio Motorcycle Accident Lawyer
Insurance companies want you to avoid contacting a private attorney because it removes their right to contact you directly. Thus, they often convince victims that they can handle everything at home without requiring them to pay expensive attorney fees. This usually results in misinformation about your recovery rights, low settlement offers, and outright denials of coverage.
Insurance doctors also often attribute your injuries to prior accidents or downplay the severity of your trauma. This results in insurance denials that claimants must appeal within a specified time. Adjusters count on injured claimants not meeting these deadlines.
Hiring a San Antonio personal injury attorney stops insurance skimming in its tracks. Adjusters should only go through an attorney, which prevents them from giving you false information. Legal counsel can also quickly identify common insurance tactics, such as mitigating injuries and appealing arbitrary denials of coverage. An experienced motorcycle accident attorney also knows how to collect the necessary evidence from the accident scene, obtain the required medical reports, and, if needed, prosecute the negligent parties.
Finally, most motorcycle accident firms cover all litigation and expert witness costs. They are usually only paid once their clients receive compensation after motorcycle accidents in San Antonio. Even after deducting the agreed attorney's fee, a percentage of your overall settlement/judgment represented claimants typically recover 5 to 10 times more damages than claimants without legal counsel.
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