Odds Are - Not Your Fault

Did you know that in over 80% of accidents involving motorcyclists and automobiles in San Antonio, the motorcyclists are found to be not at fault? There are several reasons supporting this statistic which focus on the motorcycle (and its operator) itself:

• The size of the motorcycle
• The average rate of slow-down
• Defensive driving habits
• Protective gear

As our San Antonio accident lawyer is often explaining, automobile motorists are responsible for taking the smaller size of any other vehicle, but especially motorcycles, into consideration before making a lane change, performing a turn, or entering or exiting a highway. Motorcycles are more difficult to see than cars and, while not seeing you is no excuse for negligence, it will often be the cause of the accident. Some countries even consider the "I didn't see you" excuse as a criminal act. Also, it is interesting to note that, though automobile drivers often can see a motorcycle cop from a considerable distance, they fail to notice the many other motorcyclists on the road. Attorneys have often been dramatized for their penchant for exaggerating culpability during a trial, but at Carabin Shaw our San Antonio lawyers prefer to be clear about the law and let justice speak for itself. Car and truck drivers are at fault because the law mandates that they be responsible for all other vehicles on the road, not just the ones they are expecting to see.

If you have been involved in a motorcycle accident, odds are - not your fault. Motorcycles, due to their design and relative lack of weight, can decelerate from 60 to 0 much faster than the average four-door sedan. As such, even a well-intentioned but slightly negligent San Antonio driver will sometimes rear-end a motorcyclist, causing far greater damage to the bike than to their radiator. Most drivers try to argue that the motorcyclist came to a stop too suddenly, when in fact, as the laws in San Antonio and our attorneys have made clear time and time again, if the proper distance between vehicles had been observed, both vehicles would have had adequate time to come to a full stop safely.

Most automobile drivers don't recognize, or don't want to recognize, the unique hazards posed by motorcycles. On the other hand, motorcyclists are usually much more aware of the damage a collision could cause and, as a result, they have usually taken more than adequate steps to prevent such collisions from occurring. Our lawyers have used receipts and certificates from licensing agencies and defensive driving courses to show that the motorcyclist's record as a driver is more thorough and road-friendly than that of the average motorist. Again, as is true for most motorcycle accidents, if you have been in an accident at all similar to those described above, odds are - not your fault.

Ten minutes or more before a motorcyclist hits the road for a trip to the local grocery store or to visit a friend on the other side of San Antonio, they are thinking about safety. Donning gloves, a heavy jacket, and a helmet are all steps an automobile driver does not have to undertake, which impacts how conscious they are of safety on the road. This mindset is a factor our lawyers bring into the suit, both to highlight the responsibility of the motorcyclist and the other-mindedness of the other driver. As we can all recognize, the operator of an automobile is usually subjected to many distractions, such as cell phones, stereos, and conversations with passengers.

Regardless of how your accident occurred, do not automatically blame yourself. As the attorneys at Carabin Shaw have shown time and again, the odds are - not your fault – call us today to ensure you obtain the compensation you deserve.