Texas is a motorcycle lover’s dream. The biking routes are dotted with lakes, abundant with rolling hills, and unrivaled with 367 miles of open Gulf shoreline views. If you visit the Lone Star State, a city that every motorcycle owner should travel through is San Antonio.
Whether you are a tourist coming to enjoy the home of the Alamo, or a local bike lover who already knows what the city has to offer, this article was written for you. Owning and operating a motorcycle comes with inherent risks, and Forbes Advisor created a list of the best motorcycle accident lawyers in San Antonio, should you ever (unfortunately) find yourself in a situation where you need one.
Best Motorcycle Accident Attorneys in San Antonio
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Filing a Motorcycle Accident Lawsuit in Texas
Motorcycles may be smaller than cars and trucks, but the risks to their drivers are exponentially greater. San Antonio motorcycle accident attorneys are well-versed in the ins and outs of filing a motorcycle accident lawsuit in Texas. However, if you want to prepare yourself before seeking legal advice, here are key laws you should familiarize yourself with.
Texas Statute of Limitations
From the moment you find yourself in an accident, the countdown to file a claim begins. In the state of Texas, you have two years to file a claim for a motorcycle accident. However, if an employee of the state is one of the parties involved in the accident, that time is cut down by 75% to a mere six months.
Texas Laws for Motorcycle Drivers
A San Antonio truck motorcycle lawyer will tell you that laws for motorcycle owners can be as lengthy as the many biking trails that Texas is infamous for. But here are a handful of the most important laws that can put you a step ahead in understanding the rights and responsibilities of motorcyclists in Texas:
- Liability insurance for motorcycle drivers in Texas is an obligation, not a luxury. The state of Texas requires all motorcyclists to be insured for a minimum of $30,000 per person injured in an accident,$60,000 per accident and an additional minimum $25,000 to cover any damage to property.
- Comfort and aesthetics must come second to state laws. Motorcyclists in Texas are not allowed to have handlebars that are more than 15 inches above their seat.
- The ease of maneuvering between lanes is one of the highlights of driving a motorcycle, but this practice otherwise known as “lane splitting” is illegal in Texas and can make it significantly harder to receive compensation from your insurance in the event of an accident.
Identifying Fault for a Motorcycle Crash
It doesn’t matter if you are taking your case to court or filing a claim against the insurance company. In the state of Texas, motorcycle accident responsibility is determined through something called the modified comparative fault theory. This means that the damages will be awarded or reduced in reflection of the plaintiff’s percentage of fault. If the percentage of fault exceeds 50%, the plaintiff can’t recover any damages at all.
Here is an example:
A motorcycle driver was weaving in and out of lanes to avoid the traffic when she was hit by a car that didn’t see her coming. She suffered serious injuries that set her back $100,000 in hospital bills. If she was found to be 25% responsible, she could only recover 75% of her damages or $750,000.
The amount of the motorcycle rider’s responsibility is a matter for a judge or jury to decide if the rider’s and driver’s insurance companies couldn’t reach an agreement. In this case, however, the insurance company could argue that the motorcyclist was lane-splitting, which is illegal in Texas—meaning they had no obligation to cover any of her expenses.
How Can an Attorney Help You?
A San Antonio bike injury attorney doesn’t just help the injured to receive the compensation they deserve, they also help to create an airtight case should the claim find its way to court. Here is how an attorney can help you:
- Collect all the evidence that will be needed to defend your claim, such as police reports, pictures and witness statements
- Assess the fine print of your insurance coverage to make sure you can get the maximum payout
- Guide you through the legal requirements of submitting your documents, such as the statute of limitations and any exceptions that may apply
- Relieve you of some of the stress and burden involved in filing a motorcycle accident claim in Texas
How to Find the Best Motorcycle Accident Lawyer in San Antonio, Texas
Motorcyclists are 28 times more likely than car passengers to die in a crash. It is this concerning fact that makes it 28 times more important to know how to find a lawyer that will handle your case with care. Here are a few tips on how to find the best San Antonio motorcycle accident lawyer for you.
Ask them about their involvement in the evidence gathering process
Filing a claim or a lawsuit can be a lengthy and stressful process. In order to determine fault or liability you need to gather evidence such as photos of the injuries, police reports, video footage, eyewitness accounts and medical records. Perhaps you have a natural knack for organization, and you already have these things in order. But perhaps, you need someone else to take on the responsibility and play a significant role in gathering all of this. Not all attorneys have the same ideas of involvement, and it helps to ask this question to make sure you get the support you need, should you need any.
Find out what they would ask for in your case
A good auto accident attorney in San Antonio should be laser- focused on getting you the largest amount possible for your settlement. However, some may prefer to have a revolving door of cases and try to get you the fastest settlement, rather than the most lucrative. A settlement in an accident claim could cover pain and suffering, wrongful death, medical expenses, loss of wages or damage to property. When you ask them what they will be seeking on your behalf, determine if they will be committed to fighting for all that you feel you should be compensated for.
Look at their reviews
Forbes Advisor created this list to help you narrow down your search for the best motorcycle accident lawyer in San Antonio. However, from this list of 10, you will probably be looking to narrow down your search even further. Take a look at the reviews of the attorneys that you think may be right for you. You can read their Google reviews, the reviews on their website and even explore their social media pages for what their clients say about them. This will give you a good idea of what they would be like to work with and how you can expect to be treated as their client.
Methodology
To come up with the best motorcycle accident lawyers in San Antonio in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What should I do after a motorcycle accident?
The accident has happened, and now what? Here are the next steps you should take:
- Call 911 and get medical attention for anyone injured
- File a police report and get a copy of it for your records
- Take photos of the damage to any property
- Take photos of any injuries to your person
- Record any expenses that are involved in the accident, such as medical expenses or auto services
- Contact a lawyer
What is considered a motorcycle in Texas?
In Texas, a motorcycle is any motorized vehicle with a saddle for seating that has an engine exceeding 50 cubic centimeters (ccs).
What is the average payout for a motorcycle accident in Texas?
Motorcycle settlements are often higher than any other type of auto accident settlement. The average settlement is around $200,000 and depends on three main things: where the payout amount is being sourced from, the extent of the damages and the proportion of liability.