A San Antonio Motorcycle Accident Lawyer is a trial-proven legal advocate who represents riders injured in Bexar County and throughout South Texas. This specialist focuses exclusively on securing maximum compensation for a motorcycle accident victims by leveraging deep knowledge of Texas traffic laws and extensive courtroom experience.
In the chaotic moments after a motorcycle crash in San Antonio, you are not just hurt, you are vulnerable. Insurance companies immediately begin working to minimize your claim. Our firm counters this by preparing every motorcycle accident case for trial from day one, a strategy backed by our experience in over 80 trials. This readiness is our greatest weapon and your best protection.
Understanding your rights is the first step toward justice. This page covers the critical actions you must take after a crash on dangerous roads like Loop 1604 or I-35, how to prove the other driver was at fault, what your claim is truly worth, and why the insurance company’s first offer is rarely their best. From navigating care at University Health System to fighting for your family’s future, we explain the path forward. The insurance company is already building its case.
Key Takeaways
- First steps after a motorcycle crash: Call 911, move to safety, document the scene, gather witness info, and get medical care right away.
- Avoid costly mistakes: Don’t give a recorded statement, post about the crash on social media, or accept the insurance company’s first lowball offer.
- Why crashes happen in San Antonio: Left turns, unsafe lane changes, distracted driving, and heavy traffic on Loop 1604, I-35, US-90, and Culebra Rd.
- Full compensation is possible: Recover medical bills, lost income, pain and suffering, and even punitive damages in severe motorcycle wreck cases.
- Trial-ready motorcycle lawyers win more: Insurance companies settle higher when they know your attorney has courtroom experience and is prepared to fight.
Don’t wait. Get a proven trial team and an accident attorney in San Antonio on your side now. Call 210-TREVINO for a free, no-obligation consultation. Se Habla Español.
What Should You Do Immediately After a Motorcycle Crash in San Antonio?
Immediately after a motorcycle crash in San Antonio, you must call 911, move to safety away from active traffic, and refuse to give any recorded statement to insurance adjusters. These three actions protect both your physical safety and your legal right to full compensation.
Your actions in the minutes and hours after a Texas motorcycle crash can dramatically impact your health and the strength of your legal claim. The primary goal is to protect yourself physically and legally. After calling 911, document everything. Use your phone to take pictures of the vehicles, your injuries, and any road hazards like construction debris on I-10.
If there are witnesses, get their contact information, as their testimony can be vital in countering the unfair biker bias often seen in cases evaluated by the San Antonio Police Department. Even if you feel fine, seek a medical evaluation at an urgent care clinic or a major hospital like University Hospital or Methodist Hospital, as adrenaline can mask serious injuries. This initial documentation is crucial for a successful biker injury claim
The 7-Step Motorcycle Accident Scene Checklist
A clear head and a methodical approach at the crash scene can provide your San Antonio accident attorney with the foundational evidence needed to build a strong case. Follow this proven seven-step protocol:
- Check for Injuries & Call 911: Your health is the top priority. Report the crash and request EMS and police to the scene.
- Move to Safety: If you are able, move your motorcycle and yourself out of active traffic lanes to prevent a secondary collision.
- Exchange Information: Get the other driver’s name, address, phone number, and insurance information. Provide your own, but do not apologize or admit any fault.
- Document the Scene: Take photos and videos of vehicle positions, property damage, skid marks, traffic signals, and your motorcycle accident injuries.
- Identify Witnesses: Ask anyone who saw the crash for their name and phone number. A neutral third-party account is powerful evidence.
- Do Not Refuse Medical Attention: Always get checked by paramedics. Refusing medical care can be used by the insurance company to argue your injuries weren’t serious.
- Report the Accident: Notify your own insurance company that an accident occurred, but stick to the basic facts. Do not give a detailed or recorded statement yet.
Following these steps helps build a foundation for your claim, but understanding the common mistakes that insurance companies exploit is equally crucial.
What Are the Most Common Mistakes That Can Weaken Your Motorcycle Injury Claim?
The most damaging mistakes injured motorcycle accident victims in San Antonio make are giving a recorded statement to the other driver’s insurer, posting about the accident on social media, and accepting an early, lowball settlement offer before the full extent of their injuries is known.
Any experienced motorcycle collision lawyer will warn you that insurance adjusters are trained to use your words and actions against you. They are not on your side, and their goal is to pay out as little as possible. The most common errors include:
- Giving a Recorded Statement: Adjusters use leading questions to trick you into saying something that implies you were at fault. Politely decline and state that your legal team will be in contact.
- Posting on Social Media: Insurance investigators will scour your profiles. A photo of you at a family barbecue can be used to argue your injuries aren’t as severe as you claim. Stay off all social media until your case is resolved.
- Accepting a Quick Settlement: The first offer is almost always a lowball amount that doesn’t account for future medical bills, lost earning capacity, or long-term pain. Once you accept, you forfeit your right to seek further compensation.
Avoiding these mistakes is the first step, but understanding why the accident happened is the key to proving liability.
We work every motorcycle accident case as if a jury trial is certain, collecting crucial evidence, rejecting lowball offers, and fighting in court when it matters most. — Trevino Injury Law
What Are the Most Common Causes of Motorcycle Accidents in Texas and San Antonio Roads?
The most common causes of fatal motorcycle accidents in Texas, San Antonio, are other drivers making unsafe left turns, changing lanes without looking, distracted driving due to cell phone use, and following too closely, especially in the heavy commercial traffic on corridors like US-90 and Loop 410.
On TX roads, drivers must remain highly aware of motorcyclists, as a staggering number of preventable accidents occur annually. According to the Texas Department of Transportation “Share the Road” campaign, 581 motorcycle riders were killed and another 2,534 were seriously injured in a motorcycle accident crashes during 2024. More than half of these fatal motorcycle collisions happen with other vehicles, often because drivers either do not see the motorcycle or misjudge its distance and speed.
In the vast majority of these multi-vehicle accidents, the cause is the negligence of car and truck drivers who fail to see them. San Antonio and the surrounding unique traffic patterns, from the congested “Mixing Bowl” interchange to the explosive growth around Alamo Ranch, create dangerous conditions.
Left-turn accidents at intersections on roads like Culebra Rd, identified as one of the city’s deadliest non-freeways, are particularly deadly. We also see a high number of motorcycle crashes in Texas caused by distracted drivers employed by major local companies like USAA or Valero Energy during their commute, creating complex liability questions for your Bexar County motorcycle wreck lawyer.
Proving Driver Negligence in Common Accident Scenarios
We prove negligence by gathering specific evidence for each type of common crash. A successful claim depends on showing that the other driver breached their duty of care, directly causing your injuries. This legal duty, as affirmed in foundational Texas cases like El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987), requires every driver to operate their vehicle as a reasonably prudent person would to avoid harming others.
Our San Antonio law office investigates aggressively to prove this breach and secure the proof needed for your case
- Left-Turn Accidents: We use witness statements, traffic camera footage, and accident reconstruction experts to prove the motorcyclist had the right-of-way and the car driver failed to yield.
- Unsafe Lane Changes: We subpoena cell phone records to show driver distraction and use police report diagrams and vehicle damage to establish the point of impact and prove an illegal lane change.
- Rear-End Collisions: Texas law often presumes the rear driver is at fault. We use this legal presumption, combined with an analysis of vehicle damage and skid marks, to solidify liability.
The expert created a digital simulation proving the driver had a green light but not a protected arrow, and turned directly into our client’s path in violation of Texas law. Faced with this undeniable evidence, the insurer reversed its position and offered a full policy-limit settlement before a lawsuit was even filed.
Proving negligence with evidence is critical, but it is often not enough because you must also overcome the insurance company’s inherent bias against riders.
How Do You Fight Unfair Biker Bias in an Insurance Claim?
We fight unfair biker bias by using objective evidence like police reports and expert testimony to dismantle stereotypes and focus the claim on the specific, negligent actions of the other driver, not on your choice to ride a motorcycle.
Insurance companies often try to portray motorcyclists as reckless risk-takers to shift blame and reduce payouts. This isn’t just a feeling; it’s a documented reality.
The “Hurt Report,” a landmark motorcycle safety study commissioned by the NHTSA in 1981, found that the driver of the other vehicle violated the motorcyclist’s right-of-way and caused the accident in two-thirds of multi-vehicle collisions. It’s a biased and unfair tactic that our legal advocates are prepared to fight with facts.
We present your clean driving record, evidence of completing motorcycle safety courses, and expert analysis from accident reconstructionists who can prove the other driver violated a specific traffic law. We force the negotiation to be about the evidence of the crash, not outdated prejudices about bikers. We protect you from these attacks, ensuring your case is judged on its merits.
Once we establish how the crash happened and who was at fault, the next step is to calculate the full extent of your losses.
How Much Compensation Can You Recover for a Motorcycle Accident Case?
In a Texas serious motorcycle accident claim, you can recover compensation for all economic and non-economic damages, which includes current and future medical bills, all lost wages, loss of earning capacity, property damage, physical pain, emotional distress, and disfigurement.
The value of your case is not based on an “average” but on the specific, documented impact the accident has had on your life. We work with medical and financial experts to build a comprehensive damage model that accounts for everything.
- Medical Bills: The average hospital stay after a motorcycle crash in Texas can range from $30,000 to $100,000+, depending on surgeries, ICU care, and rehabilitation. For example, a single surgery at a Methodist Healthcare System hospital may cost $40,000 to $70,000, and ongoing physical therapy can add $200–$500 per week.
- Lost Income: Riders who are out of work often lose months of wages. For someone earning $60,000 a year, even a six-month recovery could mean $30,000 in lost income, not counting loss of future earning capacity.
- Non-Economic Damages: Juries in Texas have awarded hundreds of thousands to millions for pain, suffering, and permanent scarring.
We also fight for compensation for the intense pain of injuries like road rash and the emotional trauma that follows a crash on a busy highway like I-35. Unlike many firms, we also investigate whether punitive damages are possible, especially in cases involving drunk drivers leaving establishments in The Pearl or Southtown. In Texas, punitive awards can multiply total damages, sometimes adding six or seven figures to the final recovery.
An aggressive motorcycle injury lawyer will pursue every dollar you deserve, whether your case is valued in the hundreds of thousands or in the millions.
Calculating Your Economic Damages After a San Antonio Motorcycle Crash
Your economic damages are the total of all verifiable financial losses resulting from the crash. These tangible costs are designed to make you financially whole again and are well-established under Texas law. The Texas Supreme Court in City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997), confirmed that recoverable damages include necessary medical expenses and loss of past and future earning capacity. These form the foundation of your claim’s value.
A thorough legal team will compile extensive documentation to prove these losses, which include:
- Medical Expenses: Every cost from the initial ambulance ride and emergency room visit to future surgeries, physical therapy, medication, and necessary medical equipment.
- Lost Wages: All income you have lost because your injuries prevented you from working, including salary, overtime, bonuses, and commissions.
- Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job, this calculates the difference in your ability to earn a living over your lifetime.
- Property Damage: The full cost to either repair your motorcycle and gear to its pre-accident condition or replace it at fair market value if it was totaled.
While economic damages cover your financial losses, Texas law also recognizes that the physical and emotional toll of a crash deserves significant compensation for your motorcycle crash.
Real-World Results from Our San Antonio Personal Injury Lawyers Cases
Our trial-ready approach consistently forces insurance companies to pay what our clients truly deserve. While every case is unique, our record of success in complex motor vehicle cases demonstrates our commitment to maximizing our clients’ recovery. This approach produces real results:
- $1.25 Million Settlement: We secured this for our client Jackie Galindo after she was hit by a truck and sustained spinal and shoulder injuries. The insurance company’s initial offers were far too low, but our rigorous preparation for trial compelled them to pay fairly.
- $536,007 Jury Verdict: When the insurance company offered a mere $5,000 for Jose Simon Arriaga Jr.’s low back injury, we refused to back down. We took the case to trial and won a verdict that was 107 times their insulting offer.
- $291,550 Jury Verdict: For Elma Jane Guerrero, who suffered back and neck injuries, the insurer’s final offer was only $25,000. Our legal team took the case to a jury and secured a verdict 11 times their final offer.
Achieving these results isn’t accidental; it’s the direct result of a specific legal strategy that most firms are unwilling to pursue.
Why Is a Trial-Ready Law Firm Your Strongest Advantage Against Insurance Companies?
A trial-ready law firm is your strongest advantage because insurance companies use sophisticated software and legal teams to undervalue your claim, and their decision to pay a fair settlement is a business calculation based on the risk of losing more money in court.
Insurance companies like Progressive or State Farm are not in the business of paying claims; they are in the business of maximizing profit. Their adjusters are trained to find reasons to deny or delay, often blaming the biker unfairly.
A “settlement mill” firm that never goes to trial has no leverage in this dynamic. At Trevino Injury Law, we prepare every case for a Bexar County Courthouse jury. This documented willingness to litigate backed by a record of winning substantial verdicts fundamentally changes the negotiation.
They know a lowball offer won’t work, because we are fully prepared to make them answer to a jury. This trial-first mindset is the core of our approach as a San Antonio motorcycle wreck law firm.
The Trevino Trial Advantage vs. High-Volume Settlement Mill Law Firms
The difference in approach, attention, and outcome between a trial-focused firm and a settlement mill is significant. Understanding this distinction is crucial when choosing your legal representation.
Trevino Injury Law’s Approach:
- Leadership: Your case is attorney-led from the very first day.
- Evidence: We preserve all evidence with the expectation that it will be presented to a jury.
- Caseload: We are selective, ensuring every case gets the focused attention it deserves.
- Goal: Our only objective is to secure the maximum possible recovery for you and your family.
Settlement Mill Approach:
- Leadership: Cases are often handled primarily by paralegals or case managers.
- Evidence: They gather just enough evidence to secure a quick, often undervalued, settlement.
- Caseload: They rely on a high volume of cases to generate revenue.
- Goal: Their objective is fast turnover to close cases quickly.
This advantage becomes undeniable when you see how it translates into real financial outcomes for our clients.
How Does Preparing for a Personal Injury Trial Lead to Higher Settlement Offers?
Preparing a case for trial forces insurance companies to abandon delay tactics and evaluate the claim based on their true financial risk, which is the possibility of a jury awarding a much larger verdict.
When a San Antonio personal injury lawyer files a lawsuit, the dynamic shifts. We begin the formal discovery process, which includes deposing the negligent driver under oath, requesting internal company documents, and hiring experts to testify.
This process is expensive and time-consuming for the insurance company’s defense lawyers. Faced with a meticulously prepared case, mounting legal bills, and the significant risk of a runaway jury verdict far exceeding what they could have settled for, their business calculation changes. A full and fair settlement becomes the more financially prudent option for them.
How Do You File a Motorcycle Accident Claim in Texas?
Filing a motorcycle accident claim in Texas involves a formal process that begins with notifying all liable parties, gathering critical evidence like medical records and police reports, and submitting a detailed demand letter to the at-fault driver’s insurance company.
Our legal team manages this entire process for you, ensuring every step is handled with the precision required for a trial-ready case.
The typical process includes 5 steps:
- Initial Investigation & Evidence Gathering: We immediately begin our own investigation, securing the official police report from Bexar County, interviewing witnesses, and sending preservation letters for any video evidence from nearby businesses in areas like Leon Valley or along Bandera Rd.
- Medical Treatment & Documentation: We stress the importance of following all your doctor’s orders. Consistent medical treatment creates a clear record that connects your injuries directly to the crash, which is vital for proving damages.
- The Demand Package: Once your medical treatment has stabilized, we compile a comprehensive demand package. This includes a detailed legal analysis of liability, a summary of your medical journey, and a full calculation of your economic and non-economic losses.
- Negotiation with the Adjuster: We handle all communication with the insurance company. Our negotiators use the strength of our evidence and our firm’s trial record to argue for the full value of your claim, rejecting the lowball tactics adjusters are trained to use.
- Settlement or Lawsuit: If the insurance company makes a fair and full settlement offer, you have the option to accept. If they refuse to be reasonable, we do not hesitate to file a lawsuit and take them to court.
The initial stages of this process raise several critical questions for victims of motorcycle accidents.
Is it worth getting an attorney for a motorcycle accident?
Yes, it is always worth getting a lawyer for a motorcycle wreck in San Antonio if you were injured in a motorcycle crash, because statistics show victims with legal representation receive significantly higher settlements and are protected from insurance company tactics designed to deny their claims.
Should I give a recorded statement to the insurance adjuster?
No, you should never give a recorded statement to the at-fault driver’s insurance adjuster, as they are trained to ask leading questions that can be used to unfairly shift blame onto you and devalue your claim.
Do I need a police report to file a claim?
While it is highly recommended, you do not absolutely need a police report to file a claim in Texas, but its absence makes proving fault more challenging and requires immediate action to gather alternative evidence like witness statements and surveillance footage.
While the claims process follows a general path, the timeline can vary significantly.
How Long Does a Motorcycle Accident Claim Usually Take to Settle?
A motorcycle accident claim in the State of Texas can take anywhere from a few months to two years to settle, with simpler cases involving clear fault and minor injuries resolving faster, while complex cases with severe injuries or disputed liability often take longer.
Rushing to a fast settlement almost always means accepting less money than you deserve. The timeline is often dictated by the length of your medical treatment. A claim cannot be properly valued until you have reached what is known as “Maximum Medical Improvement” (MMI), the point at which your condition has stabilized.
Settling before you reach MMI is a gamble, as you could be left with unexpected medical bills. Insurance company delay tactics can also prolong the process. However, filing a lawsuit can sometimes accelerate a settlement by imposing court-ordered deadlines on the defense, forcing them to negotiate in good faith.
Taking the necessary time with the right legal team is crucial because attempting to handle a serious claim alone often leads to disastrous outcomes.
Involved in an accident? Contact a motorcycle accident lawyer in San Antonio on your side now. Call 210-TREVINO for a free, no-obligation consultation. Se Habla Español.
What Happens If You Don’t Hire a Lawyer After a Motorcycle Accident?
If you don’t hire a lawyer, you are left to negotiate directly with experienced insurance adjusters who will use your lack of legal knowledge to trick you into accepting a lowball settlement, admitting partial fault, or missing critical deadlines that can completely bar your recovery.
Without a trial-ready legal advocate protecting you, you face significant risks that can jeopardize your financial future. These include:
- Severe Undervaluation: You won’t have the resources to properly calculate your non-economic damages like pain and suffering, and the insurer will likely only offer to cover a fraction of your documented medical bills.
- Unfair Blame Shifting: The adjuster will attempt to use the “reckless biker” stereotype against you. Without a lawyer to fight back with evidence, they can use Texas’s comparative fault rule to drastically reduce or even eliminate their payout.
- Missed Deadlines & Lost Evidence: You may unknowingly miss the statute of limitations or other key deadlines for preserving crucial evidence. Once that evidence is gone or the deadline passes, it can be impossible to build a successful case.
Even if you later realize you need help, waiting too long can be a fatal error for your case.
When Is It Too Late to File a Motorcycle Accident Lawsuit in Texas?
In Texas, it is too late to file a motorcycle accident lawsuit once two years have passed from the date of the crash, as this is the state’s official statute of limitations for personal injury claims.
This two-year deadline under Texas Civil Practice and Remedies Code § 16.003, known as the statute of limitations, is one of the most important rules in personal injury law. It is a hard deadline. If you try to file a lawsuit even one day late, the court will almost certainly dismiss your case, and you will lose your right to recover any compensation, regardless of how severe your injuries are or how clear the other driver’s fault was.
While this deadline is strict, Texas courts recognize a few rare exceptions, such as the “discovery rule.” This rule, clarified in landmark cases like HECI Exploration Co. v. Neel, 982 S.W.2d 881 (Tex. 1998), only applies when an injury is ‘inherently undiscoverable’ and known only to the victim through objective verification. Because this exception is so narrow, no victim should ever rely on it.
The clock starts ticking the moment the crash happens, which is why it is so critical to contact an experienced San Antonio Motorcycle Accident Attorney as soon as possible to protect your rights.
If you or a loved one has been involved in a motorcycle accident in San Antonio, hiring an experienced motorcycle accident attorney in San can make a significant difference in your case. These attorneys understand motorcycle accident law and are dedicated to representing motorcycle accident victims. They can provide a free consultation to discuss the details of your case, including any factors that may have contributed to your accident, such as a defective motorcycle or reckless driving by others.
In the aftermath of an accident, it is crucial to have a knowledgeable lawyer who can help you navigate the complexities of liability for a motorcycle accident and ensure that your rights are protected. If you’re a victim of a motorcycle crash, don’t hesitate to call our San Antonio motorcycle accident lawyer serving the local San Antonio community.
We have the experience in motorcycle accident cases that you need to pursue the compensation you deserve. Remember, you are not alone in this process; our attorney can give you the support and guidance needed to move forward.
Free Motorcycle Accident Case Review – Contact Us Today
If you’ve been injured in a motorcycle crash, you need to know what your case is truly worth. Get your free case evaluation now. We understand this is a difficult time, and our San Antonio motorcycle accident attorneys are here to help.
Our legal team knows how to guide injured riders through the recovery process and is available 24/7 to listen to your story and explain your options in clear, straightforward language.
Call us today at (210) TREVINO for immediate help, or fill out our simple online form below for a fast response.
