Riding a motorcycle could be dangerous and can cause significant injuries. Besides the physical impact of a motorcycle accident, injured individuals could also face serious emotional and financial hardships. Fortunately, when another driver causes a motorcycle accident, a seasoned personal injury attorney can help you hold them accountable.
If you survived a motorcycle accident, dealing with a lawsuit might not be your first concern. The good news is that a San Antonio motorcycle accident lawyer can take the lead on your case while you focus on healing from your injuries. En Español.
Motorcycle Accident Negligence
For a successful motorcycle accident claim, a San Antonio attorney must establish that the defendant’s reckless actions caused the accident. To prove negligence, the motorcycle accident attorney must establish the following:
- That the defendant owed a motorcyclist a duty of care
- That the defendant breached their duty
- This breach led to a motorcycle accident
- The motorcyclist suffered injuries in the accident
Every motorcyclist and other drivers on the road owe each other a duty to drive with care. Should they breach this duty, a driver could face civil liability for injuries stemming from a motorcycle accident. Common examples of a breached duty could involve speeding, driving under the influence, or running a red light.
The plaintiff must demonstrate the defendant’s actions led to the motorcycle accident. Should there be an intervening cause of the motorcycle accident, the defendant may not be liable.
To be liable for damages, the motorcycle accident must be the cause of the plaintiff’s injuries. If the plaintiff’s injuries were caused by an occurrence other than the accident, they will not be able to recover damages.
Shared Fault in a Motorcycle Accident
Not all jurisdictions allow motorcyclists that are partially responsible for a crash to recover monetary damages from the other driver. While the laws in San Antonio are not as strict, shared fault for a crash could have a negative impact on a rider’s injury claim.
Under state law, a legal theory known as modified comparative negligence applies to this situation. In each case, the jury will evaluate the evidence and assign a percentage of fault to each side. If the plaintiff is more than 50 percent responsible for the crash, they may not recover any compensation for their damages.
If the jury determines a plaintiff in a motorcycle accident lawsuit is less than 50 percent responsible for the crash, it will directly impact the amount of available damages. State law requires the jury to lower the amount of damages in proportion to the degree of the plaintiff’s fault.
Who Is Responsible For Damages?
When the motorcycle accident only involves one other driver, it is easy to identify the defendant. However, there are times when the defendant is not as clear. Meet with a San Antonio attorney to identify who to sue for a motorcycle accident.
When a motorcycle accident involves three parties, the plaintiff should bring a lawsuit against both drivers. When multiple defendants are sued, it is the defendant’s responsibility to prove which one is responsible for the plaintiff’s injury. When both defendants are responsible for the accident, they each pay a portion of the damages equal to their fault.
Additionally, accidents may be caused by a person who is working at the time of the accident. When this occurs, the employer is responsible for the injuries if the employee acted within the scope of their employment when they caused the accident.
Common Injuries Suffered in a Motorcycle Accident
Motorcycle accidents can end in devastating, life-altering injuries, and each accident has a chance to cause different forms of physical harm. Common motorcycle accident injuries include:
- Broken bones
- Road Rash
- Spinal injuries
- Head trauma
- Severe cuts and lacerations
Any of these injuries could have long lasting consequences. Severe head trauma could affect the brain and lessen many aspects of bodily function. For instance, someone who suffered traumatic brain damage in a motorcycle crash might experience memory loss or migraines that could last indefinitely. Meanwhile, a motorcyclist who broke important bones in a wreck, like a hip or thigh bone, might never fully recover. They might be left without full function of their limbs. A rider’s quality of daily life might be significantly reduced, making the aftermath of a crash last an entire lifetime. Because of all this, the severity of a motorcycle accident should never be underestimated. A compassionate attorney in San Antonio can help a motorcycle rider document their injuries and factor them into their accident claim.
Seeking Medical Treatment
Immediately after the accident, the plaintiff should seek out medical treatment. The sooner the plaintiff seeks medical treatment, the better chance they have to limit their injuries’ long-term impact. Additionally, seeking medical treatment increases the chance plaintiff may recover damages.
To establish the right to damages, the plaintiff must demonstrate the accident caused an injury. Seeking medical treatment develops a record of injuries sustained in the accident.
When an individual is killed in a motorcycle accident, their family may bring a lawsuit for wrongful death. The lawsuit compensates the family for the loss of their loved one’s companionship, services, and income.
Damages Available for Motorcycle Accidents
Once the plaintiff establishes the defendant’s negligence caused their injuries, they are entitled to damages. The defendant is responsible for both economic and non-economic damages. A San Antonio attorney can help the plaintiff maximize the damages they receive in a motorcycle accident lawsuit.
Non-economic damages compensate the plaintiff for the physical and mental effects of their injury. The plaintiff is compensated for the pain and suffering and diminished quality of life caused by the injury.
The plaintiff’s economic damages cover any financial losses they suffered due to the accident. Economic damages compensate the plaintiff for:
- Medical expenses
- Diminished earning capacity
- Past and future lost wages
- Out-of-pocket expenses
Time Limit to File a Lawsuit
Every state has a standard deadline to file a personal injury claim. In the State of Texas, the deadline, or statute of limitations for a motorcycle accident claim is two years. If the claim is filed after the deadline expires, the court could dismiss the claim.
It is best to speak to a seasoned motorbike collision attorney to determine the deadline for a specific case.
Schedule a Consultation with a San Antonio Motorcycle Accident Attorney
A motorcycle crash can lead to serious injuries and severe damages. An accident could have a devastating impact on an individual’s life and their family. When a motorcycle accident occurs, you should retain the services of a knowledgeable attorney.
With the help of a San Antonio motorcycle accident lawyer, you may be eligible to recover compensation for your damages. This could include compensation for damages such as medical expenses, pain and suffering, lost wages, and loss of enjoyment of life. Call today to learn about what may be possible in your case.