San Antonio Motorcycle Accident Lawyer
When you are ready to file a personal injury claim against the person who injured you in a motorcycle wreck, contact a San Antonio motorcycle crash lawyer.
Of all motor vehicle accidents, those involving motorcycles tend to result in some of the most serious injuries. If you have been the victim of a motorcycle crash and are interested in seeking compensation for your losses, J.A. Davis & Associates, LLP can help.
We are proud of our qualified and experienced attorneys and their track record of helping victims like you. Your San Antonio motorcycle accident lawyer will speak with the insurance company on your behalf, examine the details of the collision you were involved in to determine fault, and calculate the fair compensation you deserve from the person who is responsible for your injuries.
The Priorities of the Insurance Company
Many insurance policyholders are under the impression that the insurance company has their best interests in mind. After all, they are supposed to provide the coverage you need to protect yourself in case of an accident. Unfortunately, the insurers are almost never on your side.
Insurance adjusters are infamous for stereotyping bikers as deviants of the road. This is actually a common misconception about motorcycle riders. Too many people believe all bikers routinely disobey traffic laws, are discourteous on the road, and are all-around reckless drivers. The insurance companies use these tired clichés to their advantage.
Even before understanding the specifics of your claim, insurers may issue a denial purely because you are a motorcyclist. They may even falsely say your careless driving caused the accident. Insurers want to pay you as little as possible for your claim, and the more fault they can place on you, the less money they stand to lose.
Your San Antonio motorcycle wreck lawyer will put a stop to any attempt to put unwarranted blame on you. We will do everything we can to make sure the insurance company makes you a reasonable offer for your damages, or we will take them to court so their dishonest tactics are brought to light and you receive the compensation you deserve.
Fault in Motorcycle Crashes
More often than not, the driver of the vehicle that hit you will be found at fault for your injuries. Distracted driving is on the rise, with more and more drivers focusing on seemingly anything but the road. Using a cell phone, reaching for a beverage, changing the radio station, or fiddling with the navigation system are all distractions that commonly cause motorcycle accidents.
In addition, driving while under the influence of drugs or alcohol and aggressive driving are alarmingly common. These irresponsible driving practices cause devastating injuries to motorcyclists who don’t have the protection of thousands of pounds of metal surrounding them that other drivers do.
But drivers aren’t always to blame for collisions involving motorcycles. The state of Texas or a San Antonio municipal agency will have the duty to ensure safe road conditions. Any debris in or damage to the road that is deemed unsafe needs to be fixed or blocked off immediately, or the government can be named in your claim as liable for your resulting injuries.
The manufacturer of your motorcycle could also have some culpability in your accident. If a part was defective or recalled, and the manufacturer failed to replace the part or, at the very least, notify you that the parts were faulty, it can also be considered liable.
Your motorcycle accident lawyer in San Antonio will be able to investigate the specifics of your case to determine who will be liable for the damages you are owed.
When you file a personal injury claim, you will include a request for compensation from the parties liable for your injuries. To calculate what the value of your claim should be, we will work with your physician to determine how impactful your injuries will be both now and in the future. Some of the more common damages we seek to recover for San Antonio motorcycle crash victims include the following:
- Hospital stay
- Medical bills
- Prescription medications
- Transportation to and from doctor appointments
- Accommodations to your property for medical equipment
- Loss of enjoyment of life
- Lost wages
- Therapy or rehabilitation services
- Lost earning potential
- Loss of consortium
- Cost to repair or replace your motorcycle
- Pain and suffering
- Mental anguish
When we examine your injuries, we will consider the total effect that your accident has had and will continue to have on your life. At J.A. Davis & Associates, LLP, we are passionate about maximizing your compensation so you are able to focus on your recovery.
San Antonio Motorcycle Accident FAQ
We know you have some questions about filing your San Antonio motorcycle accident claim and the best way forward. We’re here to answer those questions. For answers to any questions not addressed below, please give us a call.
Do I still have a case if I wasn’t wearing a helmet?
Yes, you probably do. However, although Texas law doesn’t require all motorcyclists to wear a helmet, your compensation award will likely be decreased because of our state’s modified comparative negligence law.
Under this law, the amount of compensation you recover will be decreased by the respective amount of fault you have in the cause of your injuries. For example, if you were 30 percent at fault for your brain injury because you weren’t wearing a helmet, you would only receive 70 percent of your damages.
What if a pothole caused my crash?
Potholes are classified as a dangerous road condition, which is why you could be able to pursue a claim against the state, county, or city in this case. In addition, if supplies or engineering errors caused your San Antonio motorcycle accident, the roadway contractor could be held responsible.
My passenger is at fault. What do I do?
This situation arises more often than you might think. Your passenger may be a close friend or family member, and the last thing you want is to file a personal injury claim against him or her. However, because you will likely need compensation to recover from your injuries properly, you might want to consider doing so.
Will I need to go to court?
It’s possible. Most San Antonio motorcycle crash cases are able to settle outside of court in negotiations with the insurance company. Sometimes, however, the insurer is unwilling to negotiate a fair settlement, in which case you should be prepared to head to court, where we will tell your story and fight for fair compensation.
Will I be able to file a claim if I was in a single-motorcycle crash?
You may still be able to file a claim. There could have been other contributing factors to your crash that weren’t your fault. If the road wasn’t safe to ride on, the state or town could be responsible. Also, faulty or defective parts used in building your bike could have caused the wreck. Your San Antonio motorcycle wreck attorney will help you determine the likelihood of recovering damages in your case.
Speak with a San Antonio Motorcycle Accident Attorney
While you are recovering from injuries you sustained in a motorcycle crash, you shouldn’t be concerned with financial burdens like medical expenses and household bills. At J.A. Davis & Associates, LLP, we will work rigorously to file your personal injury claim and get you the compensation you need as soon as possible.
If you are ready to set up your free, no-obligation consultation with a San Antonio motorcycle accident lawyer, please give us a call at 210-732-1062 or fill out the online contact form at the bottom of this page.