San Marcos Motorcycle Accident Lawyers

If you are injured in any type of accident, your first priority should be to seek immediate medical attention, even if you are not certain that you are injured. Seeking immediate medical treatment does two things: 1) it ensures injuries you sustained are diagnosed and treated; and, 2) it helps eliminate any doubt by the insurance company that your injuries were caused by the accident. 

Often, the shock and adrenaline of an accident can mask symptoms of injuries, so making the mistake of skipping a medical examination can have profound consequences. By seeking prompt medical treatment, you protect both your health and your ability to seek compensation for your injuries with the help of your attorney.

If you were in a motor vehicle accident we have also detailed here what to do after a car accident.

A skilled personal injury lawyer is necessary to get full and fair compensation for injuries you sustained in an accident. Most defendants, whether individual drivers or commercial vehicle operators, are covered by liability insurance. Those insurance companies are not obligated to protect or take care of you. Insurance companies exist to protect the defendant (their customer) who caused the wreck. 

A personal injury attorney can help you obtain compensation for every category of damages to which you are legally entitled. These damages can include things like: medical bills, lost wages, property damage, pain & suffering, punitive damages, loss of limb, diminished mental function, physical impairment, scarring or disfigurement, emotional or mental trauma, and loss of consortium (in wrongful death claims). Further, you may be entitled to future medical bills, future lost income, future pain and suffering, and other damages in severe injury cases.

The largest factor affecting your claim’s value is the severity or magnitude of your injuries. More severe injuries typically require more medical treatment. So it is essential to have all your injuries documented properly by seeking immediate treatment with doctors or hospitals, and continuing under the care and direction of your doctors as long as necessary to heal. Without prompt and consistent medical treatment and documentation, an injury claim becomes very difficult to pursue, let alone win. 

Of course, other factors an also have an impact, and each and every case is different.  Were you injured in a commercial vehicle wreck or truck wreck that totaled your car, or was it a fender bender that did very little damage? Was the other driver intoxicated or drunk, or speeding? A multitude of factors may play into your claim’s overall likely value.  An experienced personal injury lawyer will be able to visit with you and talk to you more specifically about factors which may affect your particular claim.  

In Texas, you usually have two (2) years from the date of incident to file a personal injury claim before it is barred by the statute of limitations. There are exceptions to this 2-year time limit in Texas, for minors and others. Further, other states have different time limits, and the limit that applies is typically for the state in which the accident occurred.

The safest course of action for someone injured in a car wreck, truck wreck, slip and fall, or any other type of accident is to consult with a personal injury attorney.  This will help ensure that you do not miss the applicable limitations period.  Moreover, it will ensure the right investigations are conducted, and the proper steps are taken to preserve the evidence, photos, witness statements, and records needed to successfully pursue your claim. 

If you are injured in a hit-and-run wreck (and are unable to locate the driver) or are hurt in a collision where the other driver does not have insurance, you are not necessarily out of options in terms of financial recovery. You may still be able to recover for your personal injuries if your own policy has Uninsured Motorist (UM) coverage or Personal Injury Protection (PIP). It’s a good idea to contact your insurance company to confirm what types of coverage you have on your policy before an accident, but if you have been hit be sure to ask these questions before finalizing your claim request. Even if you do not have UM or PIP, the attorneys and investigators at Thompson Law can work to track down the other driver in a hit-and-run accident. To do this, we rely on witnesses who may have captured a photo of the car or license plate and/or available surveillance camera footage that might have captured the wreck.  

Typical damages you can recover in a personal injury claim include: medical bills, lost wages, property damage, pain and suffering, and in some cases even punitive damages. In severe injury cases, other damages may be recoverable, such as: future medical bills, future lost income, future pain and suffering, loss of body member or mental function, physical impairment, disfigurement, emotional or mental trauma, and loss of consortium (in wrongful death claims).

Uninsured Motorist (UM) Coverage can help save the day if you are hit by an uninsured driver or if you are the victim in a hit-and-run collision. In short, UM coverage is an add-on coverage that drivers can add to their auto insurance policies that will protect them in the event that they are in an auto accident with a driver who either does not have insurance or cannot be located. You can contact your insurance provider to confirm whether your policy includes UM. If you do not have this coverage, the personal injury attorneys at Thompson Law recommend that you consider adding UM to your auto insurance policy today. 

Knowing how comparative negligence works is vital if you live in a state that uses it. In simple terms, comparative negligence implies both drivers can share fault for an accident, but one driver can be more at fault than the other. For example, you are texting while driving when another driver runs a stop sign and hits your car.

A jury finds that the driver who ran the stop sign is 80 percent at fault, but they believe you would have had a better chance of avoiding the accident if you were not texting at the time. They find you 20 percent at fault. You can only collect enough compensation to cover the other driver’s fault. In this case, you would get $8,000 if the jury thinks your case is worth $10,000.

Having the police respond to the accident scene is of paramount importance. Make sure that YOU call them and insist that they come and investigate the accident. When the police arrive, they will separate the drivers and witnesses from one another and take statements from everyone involved. Be cooperative, detailed, and firm in describing the accident. The investigating officer will usually determine fault based upon these statements, and it is essential that your version of the events is heard and believed. If you think that you may be injured, make that clear to the officer. If an ambulance or other medical professionals arrive on scene, get checked out. If not, make plans to visit an emergency room or doctor soon after you leave the scene. Before you do leave for this care, the officer will provide you with a report number and their contact information. Make sure this information is safely saved, as it will be very important in any auto accident injury claim you may have.     

Call an attorney. Your first instinct might be to call your insurance company, but it’s best to seek legal council first so you don’t accidentally admit guilt or take responsibility for the accident. In many cases your attorney will call the insurance company for you to prevent that from happening.

Absolutely not. It’s important to leave the investigation to the professionals. They know exactly how to work a case to determine all of the facts and details.

Typically, yes. If a family member is seriously injured or killed in an accident, or if the injured party is a minor child, then it may be appropriate under the law for a parent, spouse, relative, or legal guardian to file a claim or lawsuit on behalf of the injured or deceased party.  These types of claims are complex, and usually depend on the type of relationship involved, as well as the individual facts and circumstances of the injury. Calling the experienced personal injury attorneys at Thompson Law is step one to explore filing an injury claim on behalf of your loved one. 

In Texas, even if you are partially to blame for a car accident, you may be able to recover some of your damages from the other party. Under Texas’s proportionate responsibility system (also known as comparative negligence), unless you as the claimant/plaintiff are determined more than 51% at fault, you may recover legal damages that are reduced by the percentage you are determined at fault.

For example, if you are determined to be 30% at fault, you can recover 70% of your damages from the other responsible party (you can’t recover the other 30% because that was the amount of liability that was determined to lie with you). The personal injury attorneys at Thompson Law can help you navigate this proportionate responsibility system, or can explain negligence laws by state if your accident occurred outside of Texas.     

Unless you ran a red light or were exceeding the speed limit, the driver turning left is responsible.

I’ve Been in a Motorcycle Accident. What Should I Do? 

Sadly, people tend to jump to blame motorcyclists for causing collisions, even though basic motorcycle training helps make motorcyclists among the most conscientious and aware drivers on the road. In fact, more often than not, the other motorist is at-fault in collisions with motorcycles. Remember these 6 steps to make sure you are safe and to help preserve your legal case right from the start: 

1. GET SAFE. Stop your motorcycle or move it to a safe place if you are able. Stay close to the scene without obstructing traffic. Activate your emergency flashing lights to prevent other cars from striking you. 
2. CALL 9-1-1. If you are seriously injured, be sure you request an ambulance when you call. A police report may become critical evidence in determining liability in your case. The police will respond to wrecks involving injuries but may not send a unit for cases involving property damage only.  
3. TAKE PHOTOS. If you are able to safely do so, take photos of your vehicle, the other vehicle (including the license plate), and the surrounding scene of the accident. You will also want to photograph the other driver’s license and insurance card. 
4. GATHER INFO. After making sure you and passengers are okay, exchange contact information and insurance information with the other driver. 
5. FIND WITNESSES. If there are witnesses to the accident, take down their names and contact information. Their statements may help resolve any liability disputes. 
6. CALL THOMPSON LAW. The experienced team of attorneys, investigators and paralegals are ready to assist you right away. You can even call us to meet you at the scene of an accident.

While Texas law does not legally require you to wear a helmet, basic motorcycle training tells you to wear “All the Gear, All the Time” – and this is just as important for when you are in an accident. Not only will wearing a helmet help reduce the likelihood of serious injury, but refusing to wear a helmet can work against you when trying to prove your case. Unfortunately, an insurance carrier adjuster, or even a jury, may believe that your failure to wear a helmet contributed to the severity of your injuries and try to blame you as the victim for being injured. There simply is no reason to give the insurance adjuster or a jury any reason to put any fault on you or to endanger yourself. Wear a helmet, always! 

Check the back of the helmet – there should be a sticker that tells you if the helmet meets one of the three safety standard certifications. There are three major safety standards for motorcycle helmets: DOT (“Department of Transportation”, ECE “Economic Commission for Europe”, and SNELL (“Snell Memorial Foundation”). If a helmet has one of these safety certifications, this means that it has passed testing by one of these organizations, which is a sign of the helmet’s quality and safety rating. The most basic safety standard is usually considered to be DOT, and ECE is very similar. SNELL is considered to be a more demanding safety standard. At minimum, you should try to purchase helmets with these safety standards, and preferably DOT/SNELL, for the highest safety rated helmets. Additionally, a helmet is a purchase you should always buy new. A previously owned or used helmet may have been damaged or compromised in a way that has diminished its structure and features, leaving you vulnerable to more severe injury. 

Helmet laws are valid in many states. By having Helmet laws, states can reduce the risk of injury to the motorcycle driver, and contribute towards lower health care and insurance payouts.

Given the vulnerability of motorcycle riders, even minor, low-speed accidents can result in lifelong injuries, and the severity of your injures might not be apparent right away. Insist on emergency medical attention after any motorcycle accident, as speed of care can make a life changing difference. Additionally, the motorcyclist involved in the accident is usually not the person at-fault for the collision, so it is important to make sure that the details of the event are correctly represented. Contact an experienced motorcycle accident attorney as soon as possible to help preserve the details of your accident and to explain your right to compensation from the responsible party.   

If you or a family member are injured in an automobile accident, you cannot afford NOT to hire the very best attorney available. Thompson Law works on a contingency fee basis. What this means is that you only pay legal fees IF we win for you and AFTER your case is settled.

We understand that legal fees upfront are simply too much to deal with after a serious accident where you are dealing with property damage repairs, medical bills, missed work and lost wages. The fact that you owe $0 upfront is an added bonus when you hire great legal representation at Thompson Law.   

If you were injured as the result of someone else’s negligence, there is a good chance we can help you out. We will look at the facts of your accident, whether a car wreck, truck wreck, motorcycle accident, or on-the-job-injury and examine whatever reports or records are available. If we believe that you were injured and it was someone else’s fault, it is likely to be a case we can take. The more information and documentation you can give us about your accident and your injuries, the quicker we can evaluate your case and let you know.  Give us a call or reach out online anytime! 

The best personal injury attorney has three major characteristics: Excellent customer service, cutting edge technology, and a willingness to take cases and win at trial. Ask your potential attorney about the client experience they offer, what kind of technology they use to make your life easier, and when was the last time they took a case to jury trial. Asking these types of questions will give you guidance on what kind of experience you can expect as a client and what kind of results you can expect at the end of your case.

Thompson Law has high ratings from clients for its emphasis on customer service, and its attorneys have achieved significant results on small, large, and complex cases alike. No matter if you have been involved in a minor car wreck or are dealing with catastrophic injuries from a rarer and more devastating event like a terrible workplace accident, dog bite, or an 18 wheeler wreck, Thompson Law can assist you.  

Yes! Thompson Law is available 24 hours a day, 7 days a week to provide free consultations. If you have been injured in a truck wreck or car accident, hurt in a slip and fall incident, or otherwise injured from the negligence of another person or party, give us a call any time at 1-800-LION-LAW. We can speak to you over the phone, chat online through our website or social media outlets, or arrange an in-person meeting at your convenience. Our team is ready to help! 

Thompson Law is available 24/7 to provide free consultations and to sign up new clients. We can sign you up over the phone or we can send one of our experienced licensed investigators to meet you at the hospital or at your home if you prefer. Whether you live in Arlington, Fort Worth, El Paso, San Antonio, or even outside of the state of Texas, we are always here to assist you and provide the resources you need at a difficult time. We do the hard work for you so that you can focus on healing from your injuries.  

Let’s be honest: this isn’t a legal show on TV and your case will not settle in the next hour – or even tomorrow.  The true answer is: it depends.  We find that most cases settle within 6-12 months from date of incident; but the timeline in your case could be shorter or longer depending on: the facts and circumstances of the accident; the length of time it takes you to complete medical treatment; and the character of the insurance company, or companies, involved in your case.  In the event that your case cannot settle pre-litigation and it becomes necessary to file a lawsuit, the litigation process alone can take 1 to 2 years due to the court system and legal process necessary to prepare for trial.  But because so much of the timeline depends on the facts and circumstances of your unique case, call Thompson Law today to discuss the personal injury claims process.