San Antonio Motorcycle Accident Lawyer

Being in a motorcycle accident poses a significant risk to the safety of the rider. While passengers in cars have reinforced protections, motorcycles are more out in the open, leading to a significantly increased chance of serious injury in an accident. At Gamez Law Firm, we understand the seriousness of these accidents, and we can help you recover the damages you suffered as a result. Give us a call today at 210-736-4040 for a free consultation with a San Antonio motorcycle accident lawyer.

Understanding Motorcycle Accidents in San Antonio, TX

Motorcycle accidents often result in severe injuries, and tragically, over 5,000 motorcyclists lost their lives in traffic crashes in 2021. Because motorcycles lack the protective features of cars—like doors, seatbelts, and airbags—riders are far more vulnerable. In many cases, they can be thrown from their bikes, making even low-level collisions potentially life-altering.

Beyond the physical toll, the psychological impact of motorcycle crashes can be just as devastating. A study of road accident victims aged 18 to 70—who had either whiplash or multiple injuries—found that many experienced significant psychiatric effects within a year of the incident. These included at least one of the following:

Common Causes of Motorcycle Accidents

A motorcycle accident can happen quickly. Many times, they are caused by drivers who are inattentive or negligent. Motorcycle accidents can happen for a number of reasons. Some of the most common reasons include:

• Left-turns. One of the most common causes of collisions happens when a car makes a left turn and crashes into an oncoming motorcycle. This most commonly occurs at intersections.
  
• Distracted drivers. Another common cause of many accidents of all kinds, including a motorcycle accident, is distracted driving. This occurs when the driver’s attention is placed elsewhere instead of on the road. When a driver spends time texting, eating, using GPS, or reaching in the backseat, this causes them to remove some of their focus from the road, increasing the risk of an accident. Because motorcycles are not as easy to spot as other vehicles, this puts motorcyclists at a higher risk.
  
• Speeding. This can be initiated by either the motorcyclist or another driver. In either case, speeding slows the reaction time of drivers and riders and increases the risk and severity of an accident.
  
• Driving while under the influence. Drugs and alcohol impair the driving of those on the road. While this is against the law, many people still, unfortunately, do it. Driving while intoxicated impairs coordination and judgment, increasing the risk of injury.
  
• Road hazards. Motorcyclists are at a higher risk of suffering injury from road hazards that would likely not cause much inconvenience for the average car. Hazards such as potholes, gravel, debris, or slippery surfaces can cause a motorcyclist to lose control of their vehicle and get into an accident.

What to Do After a Motorcycle Accident in San Antonio

If you’ve been involved in a motorcycle accident in San Antonio, there are important steps you should take right away to protect your health, secure a strong financial recovery, and claim the rights you’re entitled to under the law.

Seek Medical Attention

First, be sure to seek medical attention right away, especially if you have immediate and obvious injuries. If you are not critically injured, check for the safety of others. Contact emergency medical services if you notice any injuries, and do not move anyone who is in serious condition. Even if you have no immediate injuries, be sure to be examined by a medical professional, as some injuries (particularly internal ones) may not be obvious right away but may have serious symptoms later.

Contact Law Enforcement

Next, contact law enforcement to report the accident. Provide facts without admitting fault. Insurance companies may use admittance as a means to pay you less, even if it is later determined that you were not as at fault as you think you were.

Document the Scene

Document the scene as thoroughly as you can by taking pictures and videos of your motorcycle, the accident site, other vehicles involved, your injuries, and anything else that may have contributed to the accident, such as poor road signage or road hazards.

Gather Contact Information

Be sure to get the contact information of the other driver involved. This includes their license number, phone number, insurance details, and name. If any witnesses are willing to make a statement, be sure to get their contact information as well.

Contact an Attorney

Contact an attorney right away. An attorney does more than represent you in court. They can look at the details of the motorcycle accident and calculate the full extent of your losses, including medical bills, lost wages, and pain and suffering. They can also negotiate on your behalf for a fair settlement, and they can speak to insurance companies for you. Refer the other driver’s insurance company to your attorney if they reach out to you with questions.

Compensation in a Motorcycle Accident

If you are injured in a motorcycle accident, you may be able to recover damages. This compensation can recover what you’ve lost. Common damages include:

• Medical expenses. This involves costs associated with rehabilitation, emergency room visits, prescription drugs, surgeries, physical therapy, and any future medical needs.
  
• Lost wages. This covers time missed from work and, if the accident was serious enough, lost earning potential due to severe injuries.
  
• Pain and suffering. Pain and suffering offer compensation for physical pain and emotional suffering, such as PTSD, depression, and a reduced quality of life.
  
• Property damage. This includes the costs needed to repair your motorcycle and any other belongings that were damaged in the crash. For example, if you were thrown off your bike, your helmet was damaged, and your phone was lost, this may cover the cost to replace or repair these items.
  
• Punitive damages. These damages are less common but are meant to compensate the victim and punish the negligent party for egregious conduct, such as DUI.

What If the Other Driver Doesn’t Have Insurance?

If the driver who caused your motorcycle accident doesn’t have insurance or doesn’t have enough coverage to fully compensate you, you may still be able to recover damages through your own policy. Texas drivers often carry uninsured/underinsured motorist (UM/UIM) coverage, which can help cover medical expenses, lost wages, and property damage when the at-fault party can’t pay.

Even if you’re unsure whether you have this type of coverage, a San Antonio motorcycle accident lawyer can review your insurance policy and determine your options. Filing a UM/UIM claim can be complex, especially if your insurer disputes the payout, so having legal guidance is important.

How Much Is My Motorcycle Accident Case Worth?

Each motorcycle accident case is different. Several factors are taken into consideration when considering its worth, including:

• The severity of your injuries
• Length of recovery time
• Level of fault from each party
• Impact on your career and personal life
• Amount of available insurance coverage

The level of injuries will often have a large impact on the amount of a claim. These injuries often require extensive treatment and long-term care. A motorcycle rider can suffer a range of injuries, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Paralysis
• Broken bones
• Severe road rash
• Internal bleeding
• Amputations
• Wrongful death

Can I Still Recover Damages If I Had a Pre-Existing Condition?

Yes. Texas follows what’s known as the “eggshell plaintiff” rule. This legal principle means that even if you had a pre-existing medical condition before the accident, the at-fault party can still be held fully responsible for making your injuries worse.

For example, if you had a prior back injury that was aggravated in the crash, you may be entitled to compensation for the full extent of the new harm, even if another person might not have been as badly hurt in the same accident. Insurance companies often try to reduce payouts by pointing to your medical history, but the law is clear: defendants must take victims as they find them.

Schedule a Free Consultation With A Motorcycle Accident Lawyer Today

If you or a loved one has been injured in a motorcycle accident in San Antonio, don’t wait. Gamez Law Firm can help you fight for damages. Contact us today at 210-736-4040 for more information and to schedule your consultation with a San Antonio motorcycle accident attorney.