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Assessing Damage and Determining Fault After a Motorcycle Accident

Motorcyclists are more likely to become injured in accidents than passengers in cars. In these instances, assessing damage and determining fault after a motorcycle accident is usually done with the help of a lawyer and an insurance agent, and understanding basic motorcycle laws will help you understand how fault is assigned. San Antonio motorcyclists who have suffered serious injuries may be eligible to receive financial compensation. Consider working with a local motorcycle personal injury lawyer from the offices of Carabin Shaw.

Common Causes of Motorcycle Accidents

The most common causes of motorcycle accidents include the following:

  • Blind Spots
  • Inclement weather
  • Lane splitting
  • Road conditions

San Antonio accident lawyers urge riders to practice safe driving techniques. Single-passenger car drivers must double-check blind spots before switching lanes or making turns.

Basic Motorcycle Laws

San Antonio motorcycle accident lawyers often recommend motorcyclists to familiarize themselves with basic laws.

  • Helmet laws: Riders under the age of 21 are required to wear a helmet; however, it is recommended by medical professionals that every rider wears one, every time they ride.
  • Lane Splitting: Riding between two lanes of traffic, or lane splitting, is illegal in Texas and is incredibly dangerous.
  • Insurance: The minimum amount of coverage is known as 30/60/25 coverage.

Ensure you are practicing safe driving techniques and are complying with the law at all times.

Determining Fault in an Accident

Fault refers to the responsible party who caused the accident. Insurance agents assign fault as a percentage. Usually, the driver demonstrating negligence is found to be liable. Police reports, witness testimonies, photographs, and medical records can all be used to determine fault. Sometimes fault is divided between the two parties. In San Antonio, you cannot be found more than 50% at fault and receive damages. If you have any questions concerning personal injury law, consider speaking to a qualified attorney.

Understanding Damages

A lawyer may refer to damages as the economic cost of the accident. There are two dominant types of damages: property and personal injury. Property damage refers to damage done to the motorcycle. Personal Injury involves any physical or mental injuries sustained by the accident. You can claim the following in a personal injury claim:

  • Medical Expenses
  • Lost Wages
  • Pain and Suffering: Considered to be non-economic damage. There is a cap of $200,000 that once can receive for pain and suffering.

As noted earlier, you may only receive damages if you are found to be less than 50% responsible for the accident, and proving fault is easier with legal help. San Antonio motorcycle accident lawyers encourage filing a case with them to strengthen your chances of obtaining any damages that are rightfully yours.

When to File a Claim

You will want to file a claim with the other parties’ insurance agent and notify your insurance company as soon as possible. If you are serious about pursuing legal action with San Antonio accident lawyers, then you will need to connect with an attorney promptly as well. According to Texas law, you must make a police report within ten days of the accident if there was any bodily harm. You also only have two years from the date of the accident to file to receive any compensation.

What To Do Next

After an accident, be sure to record any relevant information, such as the driver’s insurance and contact information, witness testimonies, any property damage, and medical injuries. Motorcycle personal injury lawyers work specifically on cases that involve physical injury. They’ll work with the insurance agents on assessing damage and determining fault after a motorcycle accident. Consider working with the local San Antonio motorcycle accident lawyers at the offices of Carabin Shaw today. Connect with us toll-free at 800-862-1260 or 210-222-2288.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
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