Motorcycle Accidents Attorney in New Braunfels, Texas

A motorcycle accident is a devastating event that changes your life forever. On top of physical injuries, you have to deal with medical bills, repair costs, and time away from work. Unfortunately, you may learn firsthand that a majority of people believe that motorcyclists are reckless on the road – even when following safety protocols and are not liable in an accident.

After a motorcycle accident, experienced legal representation can help you fight your case. I can help you understand all of your options and seek to provide clear explanations of what might happen next. Contact me at the Law Office of Marco Sanchez, P.C., to get the reliable representation you need in your case. I have the knowledge and experience to address your situation. I proudly represent clients in New Braunfels, Dallas, Hays County, Collin County, Bexar County, and Comal County, Texas.

Steps to Take If You Were in a Motorcycle Accident

You must take the right actions to protect yourself and your case after a motorcycle accident. Follow these steps and ask a motorcycle accident lawyer your questions.

Seek Medical Attention

As soon as possible, seek attention from a healthcare professional. Depending on how serious the accident was, you may need emergency medical assistance on the scene, or you may be able to drive yourself to a doctor. 

Even if you think your injuries are minor, it is crucial to see a healthcare professional. You may have an injury that does not appear until weeks after the incident, and it could affect your case. A medical professional can help you get the medication or treatment needed.

Document and Obtain Records of Everything

At the scene of the accident, it is essential to take the time to write down as much as possible. Some examples of information you need to exchange are the driver's name, address, phone number, driver’s license number, insurance company, and license plate tag numbers. 

If there are any witnesses to the accident, write down their names and numbers. Take photos of the scene, the vehicle, and your motorcycle. When the police arrive, write down the officer’s badge number and request a copy of the police report.

Contact Insurance

Your next step is to contact the insurance company and let them know about the accident. Some insurance companies require that you notify them in as little as 2-3 days after the accident, so make sure you notify them as soon as possible.

Hire a Personal Injury Attorney

Unfortunately, many people have misconceptions about motorcyclists and believe they are at fault for the accident. These specific viewpoints are why it is essential to have a motorcycle accident lawyer on your side who will fight against those misconceptions and for you.

Texas Motorcycle Laws

Be aware of these Texas motorcycle laws and ask your attorney questions about how they affect your case.

Lane Splitting

In Texas, operating a motorcycle between lanes of traffic or adjacent rows of vehicles, referred to as lane splitting, is prohibited.

Helmets

Helmet laws differ from state to state. In Texas, wearing a helmet is only required by law for riders under 21 years old. If a rider is 21 or older, that specific law does not pertain to them.

However, riders without a helmet must have an appropriate health insurance plan that covers motorcycle accidents, or they must complete a motorcycle safety class.

Liability Coverage

Every rider must have insurance. Liability coverage is the minimum amount of insurance required by Texas law. The policy must cover $25,000 in property damage, $60,000 in bodily injury for the whole accident, and $30,000 in bodily injury for each injured person in the accident.

Determining Fault

Proving who is at fault is key to fighting a motorcycle accident case. Again, because there is a general bias against motorcyclists, it is crucial to work with an experienced personal injury attorney in this type of case.

Proving Negligence

To prove that someone is at fault, you must show that they acted with negligence. For example, if a driver followed too closely or switched lanes without looking, the driver acted with negligence. Similarly, if a motorcyclist was lane-splitting or swerving in and out of traffic, the motorcyclist acted with negligence.

Modified Comparative Fault

Texas operates under the modified comparative fault rule. Under this rule, if a person was 50% at fault for an accident or less, then they can receive compensation (also known as damages) for the accident. 

In addition, the driver's compensation will be reduced by the percentage of their degree of fault. For example, if the driver did not come to a full stop and the accident was found to be 10% their fault, then an award of $10,000 would be reduced to $9,000.

Filing a Claim for a Loved One

Motorcycle accidents can be extremely serious and even fatal. When a loved one is in an accident, your life and theirs will change forever.

Your Circumstances

If your loved one is incapacitated or extremely hurt in an accident and cannot file a claim, a spouse or close family member can file on their behalf. In this terrible situation, it is key to take care of yourself and your loved one as much as possible.

The worst may have happened, and your loved one may have passed away in the accident. Your family will need support after this tragedy. You may file a wrongful death claim for your loved one.

Determining the Basis for a Claim

To find out if you can file a claim, you must prove the other driver’s negligence. An experienced motorcycle accident lawyer can help you determine how this applies in your unique situation.