Best Motorcycle Accident Lawyers San Antonio, TX Of 2024 – Forbes

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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

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