Riding a motorcycle in the vibrant city of San Antonio is an exhilarating experience. However, although motorcycles are a popular form of transportation throughout Texas, the joy of riding can sometimes be marred by unforeseen accidents. Crashes involving motorcycles are more likely to result in serious injuries and death because motorcycles offer less protection to occupants than a traditional car or truck.
According to the National Highway Traffic Safety Administration (NHTSA), in 2021, motorcyclists were about 24 times more likely to die in a motor vehicle collision and four times more likely to be injured than passenger vehicle occupants.
Unfortunately, no matter how attentive a motorcyclist is, most motorcycle accidents are caused by other drivers. A motorcycle accident can be physically, emotionally, and financially draining for victims of personal injury or family members grieving after a wrongful death.
When an accident does occur, it is essential that you consult with a motorcycle crash attorney for guidance. If you've been injured in a collision that wasn't your fault, an experienced motorcycle accident attorney at Miller Weisbrod Olesky is prepared help you get back on your feet. We bring years of RESULTS in personal injury and wrongful death cases. Our motorcycle accident team is led by an attorney with a highly regarded Board Certification in the field of Personal Injury Trial Law that fewer than 3% of all Texas attorneys achieve.
Winning for Motorcycle Riders Injured by Others
Our client was on his way to work early one morning on his motorcycle. A construction company truck tried to beat on-coming traffic and pulled directly in front of our client causing a collision resulting in a traumatic brain injury (TBI). We immediately sent out our accident reconstruction team to evaluate the scene and preserve surveillance video from surrounding businesses. After filing suit, we had our client evaluated by world-class Brain Injury Specialists. We recovered $3,200,000 for our client.
Board-Certified Personal Injury Attorney
Our motorcycle accident legal team is led by Clay Miller who is Board-Certified in Personal Injury trial law by the Texas Board of Legal Specialization. This means he has tried numerous cases to a jury verdict, passed a rigorous background study with recommendations from judges and other board-certified attorneys and passed a day long examination given once a year.
Less than 3% of all attorneys in Texas have any board-certification and even less have a board-certification in the area of Personal Injury Trial Law. This certification proves your legal team does more than “talk the talk”, these attorneys walk the walk when it comes to proving expertise for personal injury and wrongful death clients.
The folks at Miller Weisbrod really came through for me. I was hit in a head-on collision by a driver who was under-insured, and these folks really saved me. I highly recommend them for their excellent care and concern, I'm thankful that I chose them to represent me.
Josh H.
Miller Weisbrod Olesky Client
What Are Common Causes of Motorcycle Accidents?
Numerous factors can lead to devastating crashes every time you hit the road. The leading cause of motorcycle accidents and related injuries, however, is negligent drivers who fail to respect the rights of bikers who share the road. In terms of location, motorcycle accidents occur most often at busy intersections and on urban roads. The NHTSA reports that 61 percent of fatal motorcycle accidents occur in urban areas compared to 39% in rural areas.
The following are some of the most common causes of motorcycle accidents in the state:
A driver whose negligent or reckless behavior leads to a motorcycle crash may be found to be at fault for any resulting injuries or damages they cause in an accident. If a collision occurred because of a defective or malfunctioning vehicle or motorcycle part, the maker or manufacturer may be held liable for causing the accident.
Furthermore, when an accident happens because of poorly maintained roadways, poorly lit streets, inadequate signage, or negligently designed highway exits, the city where the accident occurred may be held at fault. At Miller Weisbrod Olesky, our skilled motorcycle injury lawyers consider every crash factor and are prepared to help you pursue the compensation you deserve against negligent drivers, parts manufacturers, and public entities.
San Antonio Motorcycle Accident Statistics
The startling motorcycle accident statistics in San Antonio should encourage bikers and other motorists to take the proper precautions to avoid accidents. Some factors that contribute to motorcycle accidents in the city include heavy congestion, infrastructure, a growing population, and poor road conditions. In 2019, San Antonio was listed as one of the eight Texas cities with the highest number of fatal motorcycle crashes.
When San Antonio residents and visitors hit the road, they do not imagine themselves at the center of a motorcycle accident. Motorcyclists are responsible for the choices they make. However, they can't always control the actions of other drivers on the road. One of the most common factors contributing to motorcycle accidents in the city is drivers failing to make room or watch out for motorcycles.
In fact, in two-thirds of multiple vehicle accidents, a driver was responsible for violating the motorcyclist's right-of-way. Additionally, over the last decade, alcohol-related crashes and fatalities in the city have declined slightly. However, they continue to take a heavy toll on road users. In 2021, drunk drivers were responsible for causing 2,000 crashes that resulted in 57 fatalities and 107 individuals sustaining severe injuries. Drivers must remain focused on the road and always be aware of the presence of motorcycles to avoid causing an accident.
While auto collisions in the city are usually attributed to driver negligence, city planning is to blame in some cases. Every driver and motorcyclist should take precautions to avoid accidents. This includes being aware of some of the intersections in the city that are prone to a greater number of collisions.
Culebra Road is one of the streets with the most crashes in the city every year. In 2022, there were 169 accidents on this road, averaging over one crash daily. Additionally, intersections along San Antonio's Loop 410 and Loop 1604 are reported to be some of the most dangerous. The high number of cars and motorcycles that travel on Loop 1604 makes it one of the most congested roads in the city.
Loop 1604
On the east side of Loop 1604 from US-281 to Lookout Road, there were 670 accidents in 2021. There were 476 accidents on the west side of Loop 1604 near I-10 from Babcock Road to Lockhill-Selma in the same year. According to crash data obtained by San Antonio Express-News, from 2013 to 2023, there were a total of 110 accidents that resulted in one or more fatalities on Loop 1604.
Loop 410
Loop 410 provides a convenient way for drivers to avoid driving directly through the city and is just as dangerous as Loop 1604 for many of the same reasons. Due to the high number of tourist attractions on Interstate 10, distracted driving is a major cause of the high number of accidents on this busy road.
Being involved in a motorcycle accident can quickly become unexpected and costly. A motorcycle accident lawyer in San Antonio can help you understand your rights and pursue legal action against negligent motorists.
Types of Injuries from Motorcycle Collisions
Bikers don't have the enclosed body of a car to protect them and absorb the brunt of the impact in an accident. As such, the injuries motorcycle riders sustain in an accident are often severe. Although wearing protective gear like helmets, gloves, boots, helmets, and leather clothing can mitigate some of the risk of injury, motorcyclists can still suffer severe and even fatal injuries in a crash.
Some of the most common motorcycle injuries resulting from wrecks include:
Considering the long-term impact of these catastrophic accidents before accepting an insurance settlement offer is essential for your physical and mental well-being. Our motorcycle accident legal team can help you recover compensation for your current and future medical expenses by working with medical, psychological, and rehabilitation experts to develop a complete understanding of your prognosis.
What to Do After a Motorcycle Accident in San Antonio
According to the Texas Department of Transportation, a motorcyclist is involved in a fatal crash on Texas roads almost every day. In 2020, over 1,800 motorcyclists were seriously injured, and 482 were killed. After a serious motorcycle accident, it's normal to feel disoriented, confused, and unable to think clearly.
Knowing what to do after an accident can be difficult but is crucial to protecting your rights, preserving necessary evidence, and strengthening your personal injury or wrongful death claim. If you're involved in a motorcycle accident with a careless driver in San Antonio, take the following steps to protect your well-being and preserve your right to compensation.
Check for Injuries
After the accident, you should thoroughly examine your body for injuries. You should also make sure that anyone involved in the accident is uninjured. If you or others involved are injured, call emergency personnel as soon as possible. Even if you see no visible injuries, your body may experience a flood of adrenaline and mask pain after an accident.
Additionally, signs and symptoms of some injuries like whiplash and traumatic brain injuries (TBIs) may not be immediately apparent, and the consequences of failing to get treatment for delayed injuries can lead to long-term health issues. For these reasons, you should still seek medical treatment after an accident as soon as possible.
If you do seek medical attention, it is imperative that you follow all your doctor's advice. Declining treatment or not showing up for your appointments will be noted in your medical records and could affect the validity of your injury claim. Make sure to obtain copies of your medical records if you decide to seek treatment. Your motorcycle accident lawyer can use these records as evidence to prove the severity of your injuries and losses.
Call 911
Under Texas Transportation Code section 550.021, all motorists and motorcyclists involved in an accident are required to remain at the scene of an accident and report it to the police if it resulted in injury, death, or property damage of over $1,000. Once a law enforcement official arrives at the scene, they will create an objective report of the conditions around the accident that will serve as an essential piece of evidence for your personal injury claim. Be sure to provide the officer with your side of the story but avoid admitting fault for the collision. You should also request a copy of the police report for your records.
Obtain Information from Everyone Involved
Collect identifying information from all drivers involved, including their names, contact information, addresses, license plate numbers, registration information, and the name of their insurance provider. It is imperative for you and your attorney to have an open line of communication with everyone involved in the crash and their insurance companies.
Take Down Witness Statements
Some of the most critical pieces of evidence you may gather are statements from individuals who saw the accident. It is not uncommon for someone who caused the accident to deny fault, and having multiple sources who can provide an objective version of what happened can help strengthen your case. Ask witnesses to provide their names, addresses, and contact information. You should also capture a video of a witness interview on your phone if possible.
Document the Accident
While still at the scene of the accident, take photos or videos of damage to your motorcycle, the other vehicles involved, any visible injuries, and any relevant road conditions or traffic signs. It would also help if you note what time of day the accident happened, the date, and the weather conditions at the time.
Documenting the accident scene is essential, and providing your lawyer with this information is crucial for understanding and proving fault. Over time, details about the accident and the events that led up to it may fade.
Be sure to keep copies of the accident report, medical documents, documents of lost wages or income, and receipts for any out-of-pocket expenses. Keeping a journal or log where you jot notes down about any pain, discomfort, or suffering you may be experiencing can help substantiate claims for non-economic damages.
Contact a San Antonio Motorcycle Accident Lawyer
Although consulting with a motorcycle accident attorney doesn't mean you'll pursue a lawsuit, having an attorney on your side who can negotiate a fair settlement with the at-fault driver's insurance company can help reduce your stress throughout the entire process.
If a lawsuit becomes necessary, a knowledgeable injury lawyer who is familiar with the facts of your case can put you in the best position to obtain a successful outcome. The recovery process can be challenging, both in terms of physical rehabilitation and securing compensation. You can mitigate the effect of these challenges by hiring an attorney who will fight for your best interests.
Knowing who is at fault if you or someone you love has been injured in a motorcycle accident can help ensure that you recover the compensation you deserve. Before compensation can be awarded in any personal injury case, it is essential to determine which parties were negligent or failed to use reasonable care.
Negligence is broken down into four components, and to establish fault, the injured person (plaintiff) must demonstrate that:
The defendant (at-fault driver) had a duty of care to the plaintiff.
That duty was breached.
The injury to the plaintiff was a foreseeable consequence of the defendant's actions.
The breach caused the plaintiff's injuries.
For a motorcycle accident, liability will depend on the specific circumstances of each case. In general, if another driver was at fault, they or their insurance company may be held responsible for compensating the accident victim for their damages or losses. The municipality responsible for maintaining the road may be liable for an accident caused by a road defect or other hazard. In some cases where an object falls off a truck and injures a motorcyclist, negligence may not be a factor.
Some examples of individuals or entities that may be held liable for damages caused by their negligence in a motorcycle accident may include:
The drivers of other vehicles involved in the accident.
The employer of a commercial truck driver, delivery driver, or government agency who caused your crash.
The manufacturer or distributor of a defective vehicle part that contributed to your accident.
Property owners such as those whose poorly maintained roads caused an accident.
Government entities like state transportation departments whose negligence contributed to an injury or fatality in an accident.
In determining liability, the first step is investigating the collision. Motorcycle accident investigators might return to the crash site, interview witnesses, and review the police report to learn the cause of the crash. Additionally, our motorcycle accident lawyers are prepared to hire an accident reconstructionist who can paint a clearer picture of who was responsible for the accident.
An accident reconstructionist will do this by going over the accident scene with a fine-toothed comb and looking for physical evidence like tire skid marks, hidden road signs, and broken road lights. They might also help by finding factors that led to your accident, such as bad weather, road conditions, vehicle defects, and poor visibility.
Compensation Available to Motorcycle Accident Victims in San Antonio
There are a variety of factors that will determine the amount of compensation a victim is entitled to receive after a motorcycle accident. These factors can include the amount of time a victim takes off work, the severity of their injuries, and property damage.
At Miller Weisbrod Olesky, we understand that no amount of money can reverse the impact of life-changing injuries. However, we also know that filing a claim and seeking justice can help an accident survivor move forward. Motorcycle accident victims and their families may be eligible to pursue two types of compensation: economic and non-economic damages.
Economic Damages
Economic Damages are meant to reimburse accident victims for tangible losses or some of the expenses accident victims incurred after the accident.
The cost of repairing or replacing your motorcycle
Non-Economic Damages
Non-economic damages are meant to reimburse accident victims for unquantifiable losses. This type of financial compensation refers to the victim's personal losses and lifestyle changes.
Emotional distress
Physical pain and suffering
Loss of enjoyment of life
Emotional pain and suffering
Loss of consortium
Diminished quality of life
Disabilities and impairments
Permanent disfigurement
Punitive Damages
Punitive damages, also known as "exemplary damages," are awarded in some cases as a penalty for severe misconduct or gross negligence. These damages are meant to punish the driver who caused the accident for especially reckless or negligent behavior. Punitive damages are also designed to deter similar behavior in the future and prevent others from being hurt by the same actions.
Wrongful Death Damages
Wrongful death damages are costs associated with the loss of a loved one who was involved in a fatal motorcycle crash. The parties that qualify to file and benefit from a wrongful death case include:
Legal surviving spouse
Children
Parents of the deceased
Adoptive parents
The administrator of the deceased person's estate
In Texas, damages in a wrongful death claim can compensate surviving family members for the following expenses and losses:
Funeral expenses
Burial costs
Loss of companionship and consortium
End-of-life medical costs
Loss of household services
Loss of inheritance
Loss of retirement benefits
Lost earning capacity of the decedent
Emotional pain and anguish
Other related expenses
Statute of Limitations for Personal Injury or Wrongful Death
The statute of limitations in Texas limits how long you have to file a personal injury lawsuit. In motorcycle accident cases, this period is usually two years from the date of the accident. If you fail to file within this time frame, you may lose your right to seek compensation.
Why Should I Hire a Motorcycle Accident Attorney in San Antonio?
When you're dealing with the aftermath of a motorcycle accident in San Antonio, time is of the essence, and it is in your best interest to seek legal representation as soon as possible. At Miller Weisbrod Olesky, our team of dedicated motorcycle crash attorneys in San Antonio possess the skills and experience required to fight for your interests and help you seek the full compensation you deserve.
The proven results we have achieved in over 300 cases resulting in settlements and verdicts exceeding $1,000,000 are among the many reasons clients throughout the country continue to put their trust in us. Contact us today to set up your free, no-obligation consultation by calling our office toll-free at (888) 987-0005 or via our convenient online form.
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
