Motorcycle accidents can lead to life-altering injuries, and unfortunately, they’re more common than many realize. In Texas alone, over 9,000 motorcycle crashes occurred in 2024, with 581 fatalities. The lack of protection on a motorcycle makes riders particularly vulnerable to severe injuries. If you’ve been involved in an accident, San Antonio motorcycle accident attorney Reynaldo Diaz is here to guide you through the legal process and help you receive the full compensation you deserve.
Pursue justice after a motorcycle crash in Texas
Motorcycle accidents occur when a motorcycle collides with another vehicle, object, or loses control due to road conditions or rider error. The most common causes include speeding, impaired driving, distracted driving, and a failure to yield right-of-way. Due to the lack of safety features like seat belts or airbags, motorcyclists are at a higher risk of severe injuries or death in these accidents.
In Texas, motorcycle accident claims follow an “at-fault” system, meaning the person responsible for causing the accident is liable for the damages. The state also uses a modified comparative negligence rule—if you’re found to be more than 50% at fault, you can’t recover damages. Mr. Reynaldo Diaz understands how to investigate liability and build a strong case to help you maximize compensation.
Common reasons
for motorcycle accidents:
- Drivers failing to notice motorcyclists at intersections
- Speeding or reckless driving by other vehicles
- Motorcyclists losing control due to poor road conditions
- Sudden lane changes by other drivers without signaling
- Motorcyclists colliding with debris or road hazards
- Driving under the influence of alcohol or drugs
- Inadequate motorcycle maintenance or defects
- Weather-related issues like rain or fog
- Distracted driving, such as texting or talking on the phone
- Following too closely behind another vehicle
Why call a motorcycle accident attorney
After a motorcycle crash, the pain, emotional stress, and financial uncertainty can be overwhelming. Medical bills can pile up, work may be missed, and insurance companies may pressure you into settling for less than you deserve. Texas law allows injured motorcyclists to pursue compensation, but doing so effectively requires a strong understanding of liability, evidence, and insurance negotiations.
Here’s why it’s essential to call a San Antonio motorcycle accident attorney:
- Gathering and preserving evidence to support your claim
- Identifying all potential sources of compensation
- Negotiating with insurance companies on your behalf
- Protecting you from making statements that harm your case
- Ensuring all legal deadlines and requirements are met
- Calculating full damages, including long-term medical needs
- Representing you in court if a trial becomes necessary
- Challenging unfair assumptions or bias against motorcyclists
Types of compensation available
Medical expenses
Compensation for medical expenses encompasses all costs associated with treating injuries resulting from the accident, including emergency care, surgery, follow-up care, and medications. If the injury requires ongoing treatment, future costs may also be covered.
Lost wages
Lost wages compensation covers income lost while you were unable to work due to your injuries. If your injuries prevent you from returning to your job or impact your earning capacity long-term, compensation can also cover projected future wage losses.
Property damage
This compensation reimburses you for damages to your motorcycle and any other personal property, such as clothing or accessories, involved in the crash. It includes repair costs, or if your motorcycle is beyond repair, the fair market value for replacement.
Pain and suffering
Pain and suffering damages compensate for the physical pain and emotional trauma caused by the accident. This also covers the psychological effects, such as anxiety, depression, and stress, and any physical discomfort or disability resulting from the injuries.
Loss of consortium
Loss of consortium is compensation for the emotional and physical loss suffered by the spouse or family members due to the accident. This may include the loss of companionship, affection, and support, especially if the accident leads to permanent disability or death.
Punitive damages
Punitive damages are awarded in cases where the at-fault party’s actions were especially reckless or egregious, such as driving under the influence of alcohol or drugs. These damages aim to punish the wrongdoer and discourage others from engaging in similar behavior.
Steps to take immediately after a motorcycle accident:
- Ensure safety by checking for injuries and moving to a safe location if possible
- Call the police to report the accident and create an official record
- Seek medical attention, even for minor injuries, to rule out hidden trauma
- Document the accident scene with photos of vehicles, injuries, and road conditions
- Collect contact information from witnesses and other parties involved
- Avoid admitting fault or making detailed statements to the other driver or insurance companies
- Notify your insurance company about the accident as soon as possible
- Consult a San Antonio motorcycle accident attorney to discuss your legal rights and next steps
How Liability is Determined in a Motorcycle Accident
Determining liability in a motorcycle accident involves carefully identifying who contributed to the crash. Investigators may review police reports, witness accounts, and physical evidence, and in complex cases, experts may reconstruct the accident to clarify fault.
Depending on the circumstances, liability may fall on:
- A negligent driver who violated traffic laws
- An employer, if the driver was working at the time
- A manufacturer of defective parts or equipment
- A government entity for unsafe road conditions
Establishing liability clearly is essential to recovering fair compensation for your losses. Reynaldo Diaz has the experience to build cases that hold the right parties accountable.
Motorcycle Accident FAQs
What if the other driver doesn’t have insurance?
Texas law requires drivers to carry liability insurance, but not everyone complies.
If you are hit by an uninsured driver, you may still have options. Your own auto policy may include uninsured/underinsured motorist coverage (UM/UIM), which can help cover medical bills, lost wages, and property damage.
According to the Texas Department of Insurance, about 1 in 8 drivers in Texas are uninsured, so filing through your UM/UIM coverage is common. An attorney can also investigate whether additional defendants, such as an employer or a third party, may be held liable.
What if I wasn’t wearing a helmet in the motorcycle accident?
Texas law requires riders under 21 to wear helmets, but riders over 21 may go without if they meet insurance or safety course requirements (Texas Transportation Code § 661.003).
If you were not wearing a helmet, you may still be eligible to pursue compensation, but insurance companies may argue that your injuries were worsened by the lack of protection. However, Texas follows a modified comparative negligence standard: if you are found to be 51% or more at fault, you cannot recover damages. Not wearing a helmet does not automatically bar recovery, but it may reduce compensation in cases involving head or neck injuries. Contact an experienced San Antonio motorcycle accident attorney to find out if you have a case.
Are motorcyclists treated unfairly in accidents?
Yes, bias against motorcyclists often exists. Studies show that many drivers report failing to “see” motorcycles, and juries or insurers sometimes view bikers as risk-takers.
In 2022, the Texas Department of Transportation reported 9,528 motorcycle crashes in Texas, which led to 5,264 motorcyclists being seriously injured and 563 fatalities, with most of these caused by other drivers. A skilled lawyer can counter unfair stereotypes by presenting objective evidence, accident reconstruction, and medical records to demonstrate negligence.
What if the other driver says the motorcyclist was at fault for the accident?
Fault disputes are common. Police reports, traffic camera footage, skid mark analysis, and eyewitness testimony can be critical in proving liability. Even if the other driver blames you, Texas law allows recovery so long as you are less than 51% at fault.
A skilled motorcycle accident attorney can conduct a full investigation to challenge false claims and protect your right to compensation, even if you are partially at fault.
Why choose Reynaldo Diaz after motorcycle accidents?
Reynaldo Diaz is a dedicated personal injury attorney who understands the unique challenges motorcyclists face after a serious crash. With decades of experience and deep roots in the South Texas community, he approaches every case with focus, diligence, and personal care. Mr. Diaz works directly with his clients, ensuring that each person receives the attention and guidance they need to move forward. If you’ve been injured in a motorcycle accident, schedule a consultation today and let us help you seek justice.
