A motorcycle accident often causes devastating injuries and major medical bills. If another driver was responsible for your motorcycle accident, file a claim to get the compensation you need to cover your expenses and hold the responsible driver accountable. Navigating the San Antonio motorcycle accident claims process is complicated, and a motorcycle accident attorney with experience with state laws and traffic regulations will make the process less stressful and increase the chance of a good outcome.
If someone is injured in a motorcycle accident and another driver is responsible, the injured person can choose to file a claim with the other driver’s insurance or file a lawsuit. To sue, the injured motorcyclist needs to prove that the other driver was negligent. Negligence is when a person has a duty to act a certain way, fails to uphold their duty, and causes an injury because of this failure. For example, all drivers have a duty to pay attention to their surroundings and obey all relevant traffic laws. If a driver does not give a motorcyclist the right of way at an intersection when they should have and hits the motorcycle, they could be negligent and legally responsible.
In many motorcycle accident cases, both parties have some level of responsibility. For example, a motorcyclist could have been speeding while another driver failed to yield at an intersection because they did not see the motorcycle. Under state law, the injured person can still file a claim and receive compensation even if they were partially responsible for the accident. However, the other person needs to be mainly responsible, and the injured party’s compensation will be reduced based on their liability. For example, if someone is awarded $50,000 in damages and considered 20 percent responsible for the accident, they would receive $40,000. If they were considered 60 percent responsible, they would not be able to receive any compensation. An attorney in San Antonio could help help a motorcyclist understand this aspect of an accident claim.
A few motorcycle-specific laws and other factors can affect how a San Antonio motorcycle accident claim goes. One of these is anti-motorcycle bias, which an experienced lawyer can help counter. Courts and insurance companies are more likely to see motorcycle riders as irresponsible, so overcoming this bias to prove that the car or truck driver was responsible can be difficult.
Traffic laws specific to motorcycles can also affect the claim. For example, some motorcycle groups recommend lane splitting, when a motorcyclist rides between lanes of stopped traffic, as a safe practice. However, Texas Transportation Code § 545.0605.3 does not allow this. A motorcyclist who is involved in an accident while lane splitting is likely to be considered at least partially responsible for the crash. As another example, Texas generally does not require motorcyclists 21 and older to wear helmets. However, a rider who wears a helmet is likely to be seen as more responsible and safety-conscious, so they may be subject to less bias during the motorcycle accident claims process.
The motorcycle accident claims process in San Antonio can be overwhelming, especially when you are already dealing with the physical pain and financial stress the accident caused. An attorney can guide you through the process and help you get the best possible outcome. A financial award lets you cover the bills while you focus on recovering from your injuries. Felix Gonzalez Law Firm has the expertise you need. Schedule your free consultation with our team today.