Why Your San Marcos TX Motorcycle Accident Case Might Go to Court

Motorcyclists in San Marcos, Texas, enjoy numerous scenic routes, including the Twisted Sisters loop and River Road. Unfortunately, many rides begin on I-35, which is one of the most hazardous highways in Texas due to heavy congestion and frequent road construction projects. For bikers, those hazards can prove deadly as bikes are more vulnerable to severe crashes. Tragically, 1.3 motorcyclists die on Texas roads daily, and many more are seriously injured. Our San Marcos TX personal injury attorneys at Carabin Shaw help injured bikers seek damages from at-fault parties through a settlement or court proceedings.

If you were recently seriously injured in a motorcycle accident in San Marcos, call our expert attorneys at 800-862-1260 to book your free initial case review. Our compassionate professionals are available 24/7 to schedule your no-obligation complimentary consultations in English or Spanish. Our lawyers also provide services on a contingency-fee basis, meaning you don’t pay unless your case is won.

Motorcycle claims rarely begin with a lawsuit. The first step is usually to file a claim with the at-fault party’s insurance company for damages, such as:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• Permanent disfigurement or disability

A personal injury attorney in San Marcos TX can help you file your claim that accounts for all current and future losses you may incur after your accident. Your legal team will work directly with the insurance company to maximize compensation through settlement negotiations.

The vast majority of personal injury claims are resolved through a settlement. In rare instances, settlement negotiations do not go as planned, and accident victims must take the next step and file a lawsuit.

There are several reasons why you may decide to file a lawsuit against the at-fault party after a motorcycle accident:

• The insurance company denies your claim
• The insurer offers you less compensation than you deserve
• Your injuries are severe, requiring a larger settlement
• The insurance adjuster uses delay tactics
• You approach your statute of limitations

Insurance adjusters don't work in the best interests of accident victims. Instead, their job is to protect their company's bottom line by reducing or denying claims. Your San Marcos motorcycle accident attorney is familiar with these tactics and will work to negotiate a fair settlement without the need for court proceedings.

The statute of limitations for most personal injury cases in Texas is two years from the date of the injury. If settlement negotiations approach that timeframe, your lawyer may recommend filing a lawsuit to ensure you preserve your right to do so.

Another factor that may impact your settlement negotiations is Texas’s proportionate responsibility rule. This rule holds all parties responsible for an accident liable for injuries and losses, based on their portion of fault. In many cases, proportionate responsibility works in favor of accident victims, allowing them to maximize damages from multiple parties.

The proportionate responsibility rule also allows accident victims to pursue compensation if they contributed to the accident, provided their share of the fault is less than 50%. However, damages are reduced by the victim’s share of fault. Because motorcyclists often face unfair assumptions or biases after an accident, an insurance company may try to blame the biker for at least a portion of the accident to reduce their claim. Speak with a local lawyer as soon as possible to learn more.

Discovery is the first step of the pre-trial process, in which both parties gather evidence and information they plan to present at trial. The parties review the evidence and often settle on this step. If negotiations still fail at this level, the trial process involves:

• Jury selection
• Opening statements by each legal representative
• Witness testimonies and cross-examinations
• Closing arguments by each legal team
• Jury deliberations
• Verdict

In some cases, a judge reviews the evidence, determines negligence, and assigns damages, eliminating the need for the jury.

If you are injured in a motorcycle crash, you need legal experts on your side to ensure you receive all the damages you deserve. The professional Texas attorneys at Carabin Shaw are equally skilled at resolving your case during negotiations or trial, as our client reviews demonstrate. We also offer our services on a contingency-fee basis, so you pay no money upfront. Call us toll-free today at 800-862-1260.

For more information:

• Data Texas
• Texas Statutes 16
• Texas Statutes 33
• Cornell Law