Motorcycle accident lawyer

What to Do After a Motorcycle Crash in San Antonio?

Motorcycle accident lawyer in San Antonio

A motorcycle crash in San Antonio can flip a normal day into a fast chain of pain, confusion, and pressure. The rider may feel fine at first, then symptoms show up later. A driver may apologize at the scene, then the insurance story changes a day later. And the bills can start before the bruises fade.

This article walks through what a rider in San Antonio should do after a crash, with a focus on choices that protect health and a future claim. It also explains when it makes sense to speak with a San Antonio motorcycle accident lawyer, especially when the injuries are serious or fault gets disputed.

First priorities at the scene in San Antonio

A rider's first job is safety. San Antonio roads like I-10, I-35, Loop 410, and Loop 1604 move fast. A bike down on the shoulder can still be in danger from traffic drift, distracted drivers, and secondary impacts.

If the rider can move safely, the rider should get out of active lanes. If the rider cannot move, the rider should stay as still as possible and wait for help. A neck or back injury can worsen with the wrong movement. Even a low speed crash can cause spinal cord trauma, brachial plexus injury known as biker's arm, or a concussion.

Calling 911 matters. A police report can carry weight later, and medical transport may be needed even if the rider feels “okay.” Emergency responders can also document visible trauma like road rash, bleeding, and possible fractures.

What to say and what not to say

Right after a crash, people talk. Some riders try to calm things down, and some drivers try to steer the story. The rider should stick to facts and avoid blame language.

The rider should not guess about speed, distance, or reaction time. The rider should not say “I'm fine” if pain exists, even if the rider wants to go home. Statements like that can show up later in an insurer's notes.

If the driver presses for a quick agreement, the rider should keep it simple. The rider can exchange information, cooperate with police, and focus on care.

Immediate documentation that helps later

Phone photos and short videos can capture details that disappear fast. Skid marks fade. Debris gets moved. Bikes get towed. Sunlight changes. Rain hits.

If safe, the rider can document the scene, the bike, and the rider's gear. A cracked full-face helmet, torn Kevlar riding gear, and damaged fairings can help show impact force. That matters in cases involving traumatic brain injury, internal organ damage, or degloving injuries that may not look severe in the first hour.

The rider should also document the location. San Antonio crash patterns often involve high conflict intersections, highway merges, and construction zones near UTSA Main Campus or major corridors near the Medical Center. A wide shot that shows a sign, an exit marker, or a nearby landmark like the River Walk area can help later.

Five actions in the first 24 hours

  • The rider should get medical evaluation the same day, even if symptoms feel mild.
  • The rider should follow medical instructions and keep follow up appointments.
  • The rider should write a short timeline while the memory is fresh, including pain changes.
  • The rider should keep damaged gear and avoid repairing the bike until photos are taken.
  • The rider should avoid posting about the crash on social media.

Medical care matters more than “toughing it out”

Motorcycle injuries often involve a delayed shock phase. A rider may feel numb, then pain grows overnight. Serious injuries can include compound fractures, deep road rash that needs cleaning and sometimes skin grafts, and spinal cord injury that causes numbness, weakness, or loss of control.

Traumatic brain injury can happen even with a DOT approved helmet. Symptoms can include headache, dizziness, nausea, light sensitivity, memory problems, and mood changes. PTSD can also develop after violent impacts, especially when the rider replays the crash or avoids riding again.

Medical records create a timeline of injury and care. They also help connect the crash to the symptoms. If a rider waits weeks to see a doctor, an insurer may argue the injury came from another cause.

Texas fault rules and why they matter fast

Texas uses modified comparative negligence. That means fault can reduce recovery. If a rider is found more than 50 percent at fault, the rider may lose the ability to recover damages in that claim. If a rider is found 10 percent at fault, the rider's recovery can be reduced by 10 percent.

This is where early statements and early evidence matter. A driver may claim the rider was speeding, lane splitting, or “came out of nowhere.” A rider may face biker bias, meaning people assume the rider took risks. A top motorcycle accident law firm can work to correct false assumptions with evidence.

Common San Antonio crash situations riders see

San Antonio has a large riding community, including riders who head toward the Texas Hill Country for weekend routes. Crashes often happen on heavy corridors and quick change interchanges. Loop 1604 is a frequent hotspot, especially near busy retail areas like The Rim and growing neighborhoods like Stone Oak.

Urban crash risks include left turn collisions, sudden lane changes, rear end impacts at stop and go traffic, and distracted driving near downtown, Pearl District, Southtown, and King William.

A second risk is the “invisible rider” problem. Many drivers look through motorcycles, not at motorcycles. That single mistake can lead to life changing harm.

Evidence that can strengthen a claim

  • Police report number, officer name, and the crash report details when available
  • Witness names, phone numbers, and short statements if the witness is willing
  • Photos of vehicle damage, bike damage, and roadway marks before cleanup
  • Medical records, discharge papers, and a symptom journal of daily limits
  • Receipts for towing, rentals, helmet replacement, and out of pocket medical items

Insurance calls and recorded statements

Insurance adjusters often call quickly. Sometimes it sounds friendly. Sometimes it sounds like the adjuster just wants “the rider's side.” But recorded statements can lock a rider into language that later gets used against the claim.

A rider can provide basic information, but the rider should be careful with recorded statements, medical opinions, and guesses. A rider can ask for communications in writing. A rider can also speak with a lawyer before giving any detailed statement, especially when injuries involve surgery, long rehab, or time off work.

What damages can be part of a motorcycle crash claim

Damages can include economic losses and non economic losses. Economic losses can include emergency care, hospital bills, surgery, therapy, future treatment, and lost income. Non economic losses can include pain, suffering, and life changes from disability, scarring, or limits on normal activities.

Wrongful death claims can apply when a crash takes a life. These cases can involve loss of financial support, loss of companionship, and other harms defined by Texas law. A lawyer can explain options and timelines with care, especially for families dealing with grief.

When it makes sense to contact a San Antonio motorcycle accident lawyer

A rider should consider legal help when the crash involves serious injury, disputed fault, a hit and run, or a driver who was uninsured or underinsured. Legal help also makes sense when the rider receives pressure to settle fast or when medical treatment is still ongoing.

Many firms offer a free case evaluation. Some work on a contingency fee, meaning no fee unless the case results in a recovery. A rider should confirm fee terms in writing and ask who will handle the file day to day.

Carabin Shaw, PC is one firm riders may consider. The firm serves San Antonio and surrounding areas in Bexar County, including clients across zip codes such as 78205, 78258, 78209, 78216, and 78201. The firm often handles crash cases involving biker bias concerns and the realities of Texas fault rules.

Local focus matters in motorcycle cases

San Antonio cases can move through local courts, local doctors, and local crash patterns. A lawyer who understands the area can connect the dots faster. That includes knowing common problem stretches on I-10, I-35, Loop 410, and Loop 1604, and knowing how cases are often framed in Bexar County.

Local familiarity also helps with practical support. Riders from Alamo Heights, Stone Oak, and the Medical Center area may need quick access to care. Riders near downtown landmarks like the Alamo and the Tower of the Americas may deal with dense traffic and tourist drivers. These details shape how a case gets investigated.

The next weeks after the crash

After the first day, the crash turns into a routine of appointments, calls, and paperwork. The rider should keep medical care consistent and should track changes in pain, sleep, mobility, and mood. A short daily log can help show real impact.

The rider should also avoid gaps in treatment unless a doctor recommends it. Insurers often point to gaps as a reason to downplay the injury.

If the rider returns to work too early, the rider may worsen the injury. If the rider stays out too long without medical support, the insurer may question the need. A clear medical plan helps.

Disclaimers

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance.

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

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See also: Personal injury

 

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.

The term "trial lawyers" is used to refer to personal injury lawyers, even though many other types of lawyers, including defense lawyers and criminal prosecutors also appear in trials and even though most personal injury claims are settled without going to trial.

Qualification

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A personal injury lawyer must qualify to practice law in the jurisdiction in which the lawyer practices. In many states, they must also pass a written ethics examination.[1]

Lawyers may take continuing legal education (CLE) classes in order to learn about developments in the law or to learn about new practice areas. In states that require lawyers to attend CLE, personal injury lawyers may take CLE courses relevant to personal injury law, but are not required to do so.[2]

United States

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Certain bar associations and attorney organizations offer certifications, including certification of lawyers in the field of personal injury.[3] Certification is not required to practice personal injury law, but may help a lawyer demonstrate knowledge in the field to potential clients. Within the U.S., not all state bars offer certification for personal injury law. Some states, such as New Jersey,[4] allow lawyers to become Certified Trial Attorneys, a credential that is available to both plaintiff and defense attorneys. Some states, such as Arizona,[5] restrict the use of the words "specialist" or "specialize" to lawyers who have obtained a certification from the State Bar Board of Legal Specialization in a specific field of law, with one such certification being in the area of personal injury law.

Practice

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Lawyers may concentrate their practice to specific areas of law, including personal injury law.[6] Some lawyers may further specialize to a specific area of personal injury, such as medical malpractice law. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience.

Client relations

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Before accepting a new case, a personal injury lawyer typically interviews a prospective client and evaluates the client's case to determine the basic facts and potential legal claims that might be made, identifies possible defendants, and evaluates the strength of the case.[7] A lawyer may decline to accept a case if the lawyer believes that the legal claims will not succeed in court or if the cost of litigation is expected to exceed the amount that can reasonably be recovered from the defendants as compensation for the client's injury.[8]

Compensation

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Lawyer fees may be charged in a number of ways, including contingency fees, hourly rates, and flat fees. In many countries, personal injury lawyers work primarily on a contingency fee basis, sometimes called an if-come fee, through which the lawyer receives a percentage of a client's recovery as a fee, but does not recover a fee if the claim is not successful.[7]

In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial.[9] For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, a 40% contingency fee if the case settles after the lawsuit is filed, or up to 45% if the lawsuit goes to trial.

Due to the high cost of litigation, personal injury lawyers are rarely retained to work based on an hourly fee.[10] However, defense attorneys who are hired to contest personal injury claims are often paid on an hourly basis.

Ethics

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An attorney should provide diligent representation to clients, and the ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain just compensation for their losses. As with all lawyers, the attorney-client relationship is governed by rules of ethics.[11]

In the United States, lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations.[12] States normally require all contingency agreements between lawyers and their clients to be in writing, and may limit the amount that may be charged as a contingency fee to a specific maximum percentage of the recovery.

Marketing

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The market for personal injury firms is highly competitive in the U.S., and some firms maintain large marketing budgets to attract potential clients. Marketing efforts include advertising on television, radio, the Internet and social media, billboards, and in print publications. In some jurisdictions, lawyer marketing has moved away from the historic expectation of decorum in lawyer advertising. An industry has arisen for law firms that do little legal practice, instead focusing on client generation and referral of cases to other law firms.[13]

Organizations

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Although membership is not required for personal injury practice, many personal injury lawyers join professional associations. For example:

  • American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs
  • Association of Personal Injury Lawyers – an association based in Nottingham, England; founded in 1990 by personal injury lawyers on behalf of accident victims
  • Consumer Attorneys Association of Los Angeles – CAALA is one of the largest associations of plaintiffs' lawyers in the United States and hosts one of the largest annual attorneys' conventions.
  • American Association for Justice – an association of trial lawyers that was founded in 1946 by a group of plaintiffs' attorneys committed to safeguarding victims' rights. Prior to 2007, this organization was called the Association of Trial Lawyers of America, or ATLA.[14]
  • The National Trial Lawyers – a national organization composed of trial lawyers, offering networking opportunities, advocacy training and educational programs for trial lawyers.[15]
  • Personal Injuries Bar Association (PIBA) - a specialist bar association for UK barristers who practise in the field of personal injuries.[16]

Criticism

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Critics of personal injury lawyers claim that litigation increases the cost of products and services and the cost of doing business.[17] For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns, often raised in response to efforts to reform healthcare, have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine.[18] A study conducted on a bipartisan basis in Texas has found that tort reform, once enacted, had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.[19]

See also

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References

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  1. ^ "Becoming a Lawyer: Frequently Asked Questions". State Bar of Texas.
  2. ^ Lowenthal, Werner (1981). "Continuing Education for Professionals: Voluntary or Mandatory?". The Journal of Higher Education. 52 (5): 519–538.
  3. ^ "A Concise Guide to Lawyer Specialty Certification" (PDF). ABA Standing Committee on Specialization. American Bar Association. June 2007. Retrieved 3 December 2017.
  4. ^ "Board on Attorney Certification". New Jersey Courts. New Jersey Judiciary. Retrieved 3 December 2017.
  5. ^ "Certified Specialists". State Bar of Arizona. Retrieved 3 December 2017.
  6. ^ Nelson, Robert L. (1988). Partners with Power: The Social Transformation of the Large Law Firm. University of California Press. pp. 174–175. ISBN 0520058445. Retrieved 3 December 2017.
  7. ^ a b Goodman, Peggy. "Initial Interview with a Potential Client". LexisNexis. Relx Group. Retrieved 21 January 2008.
  8. ^ Coffee, John C. (May 1986). "Understanding the Plaintiff's Attorney: The Implications of Economic Theory for Private Enforcement of Law through Class and Derivative Actions". Columbia Law Review. 86 (4): 669–727. doi:10.2307/1122577. JSTOR 1122577. S2CID 158524103.
  9. ^ Danzon, Patricia M. (1983). "Contingent Fees for Personal Injury Litigation". The Bell Journal of Economics. 14 (1): 213–224. doi:10.2307/3003548. JSTOR 3003548.
  10. ^ Danzon, Patricia M. (June 1980). "Contingent Fees for Personal Injury Litigation" (PDF). Rand. Retrieved 3 December 2017.
  11. ^ Weissman, Herbert N.; Debow, Deborah M. (2003). Ethical Principles and Professional Competencies. Handbook of Psychology. John Wiley & Sons, Inc. pp. 3:33–53. ISBN 047138321X. Retrieved 3 December 2017.
  12. ^ Carr, David Cameron (2010). "Attorney Fees: Five Keys to Ethical Compliance". GPSolo. Archived from the original on 2 October 2017. Retrieved 3 December 2017.
  13. ^ McGrath, Tom (2025-02-02). "Billboard Wars: How Personal Injury Lawyers Took Over Philly". Philadelphia Magazine. Retrieved 2025-02-06.
  14. ^ "American Association for Justice". justice.org. Retrieved 2017-06-27.
  15. ^ "The National Trial Lawyers". Retrieved 2 April 2019.
  16. ^ Personal Injuries Bar Association, accessed 27 September 2022
  17. ^ Hiltzig, Michael (20 September 2014). "New study shows that the savings from 'tort reform' are mythical". Los Angeles Times. Retrieved 3 December 2017.
  18. ^ "Medical Malpractice: April 2011 Update". The Synthesis Project. Robert Wood Johnson Foundation. 1 April 2011. Retrieved 2 July 2017.
  19. ^ Roser, Mary Ann (20 June 2012). "New study: Tort reform has not reduced health care costs in Texas". Statesman Media. American Statesman. Retrieved 2 July 2017.

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Frequently Asked Questions

The leading cause of fatal motorcycle crashes is head-on impact with another vehicle. Collisions between motorcycles and passenger cars or trucks make up the majority of deadly accidents, accounting for more than half of all motorcyclist fatalities. These crashes are especially dangerous because they combine high speeds with direct force, leaving riders with little protection.

Motorcycle accident settlements in Texas can differ a lot from case to case. Minor injury claims may resolve for smaller amounts, while crashes involving surgery, long recovery, or permanent damage can reach six or even seven figures. In many situations, settlements land anywhere from roughly $75,000 to several hundred thousand dollars, with the final number shaped by medical costs, time away from work, and how strongly fault is proven.