Pedestrians have no protection against impact, while motorcyclists face direct harm even with safety gear.When these two parties are involved in an accident, the outcome can be catastrophic.
According to the Texas Department of Transportation (TxDOT), in 2022, there were over 5,700 pedestrian accidents statewide, with 830 resulting in fatalities. A significant number of these accidents involved motorcyclists. In San Antonio alone, pedestrian and motorcycle fatalities have been on the rise, making it critical to understand the legal options available after such an accident.
At Patterson Law Group, we will help accident victims hold the at-fault party responsible and ensure they recover the compensation they deserve.
Causes of Motorcycle-Pedestrian Accidents
Motorcycle-pedestrian accidents can be caused by various factors, many of which involve some form of negligence. As experienced motorcycle-pedestrian accident attorneys in San Antonio, we often see cases stemming from the following common causes:
- Distracted Driving: Drivers of other vehicles, motorcyclists, and pedestrians distracted by phones or other devices often cause accidents.
- Failure to Yield: Motorcycles and pedestrians are frequently overlooked by drivers, especially at crosswalks or intersections.
- Speeding: Excessive speed on the part of the motorcyclist or another vehicle can result in severe injury for both the pedestrian and the motorcyclist.
- Impaired Driving: Drunk driving is a leading cause of motorcycle-pedestrian accidents. Whether the motorcyclist, pedestrian, or another vehicle driver is impaired, the risk of a tragic accident increases dramatically.
- Poor Road Conditions: Potholes, road construction, or poorly maintained infrastructure can create hazardous conditions for motorcyclists and pedestrians.
- Inadequate Lighting: Low visibility due to insufficient lighting on roads or highways can make it difficult for motorcyclists to see pedestrians and vice versa.
If you’ve been involved in such an accident, it’s essential to consult with a top-rated motorcycle accident lawyer in San Antonio to ensure the proper steps are taken toward recovery and legal recourse.
Legal Rights and Responsibilities in Texas
In Texas, both motorcyclists and pedestrians have rights and responsibilities regarding roadway safety; understanding these is crucial if you are involved in an accident.
Motorcyclists’ Rights and Responsibilities
Motorcyclists in Texas have the same rights as any other vehicle driver but also face additional challenges due to their exposure to road hazards and smaller presence on the road. Under Texas law, motorcyclists must:
- Wear a helmet if under 21 (Texas Transportation Code § 661.003). However, riders over 21 are exempt if they have completed a motorcycle safety course or have health insurance coverage.
- Follow traffic laws applicable to all drivers, such as obeying speed limits, stopping at traffic lights, and using proper signals when turning or changing lanes.
Pedestrians’ Rights and Responsibilities
Pedestrians in San Antonio can use crosswalks and sidewalks without fearing for safety. However, they also bear some responsibility for their actions, such as:
- Yielding the right of way to vehicles when crossing streets outside marked crosswalks (Texas Transportation Code § 552.005).
- Following traffic signals at crosswalks and obeying pedestrian control signs.
Understanding these rights is essential for both parties in case of an accident. If the motorcyclist or pedestrian acted negligently, they may be partially responsible for the accident under Texas’ comparative fault laws.
Filing a Motorcycle-Pedestrian Accident Claim in San Antonio
If you’ve been injured in a motorcycle-pedestrian accident, filing a personal injury claim can help you recover compensation for medical expenses, lost wages, and other damages. As your trusted motorcycle-pedestrian accident lawyer in San Antonio, we will guide you through the legal process, helping you file your claim on time and with the necessary evidence.
Statute of Limitations
Texas’s statute of limitations for filing a personal injury lawsuit is two years from the accident date (Texas Civil Practice and Remedies Code § 16.003). It’s crucial to act quickly to avoid losing your right to file a claim.
Determining Fault
Texas follows a “modified comparative fault” rule, meaning you can recover compensation if you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of fault attributed to you.
For example, if the court determines that you were 20% responsible for the accident, your compensation will be reduced by 20%. This is why it’s essential to have an experienced motorcycle accident attorney near you who can effectively present evidence to minimize your fault and maximize your compensation.
Compensation Available in Motorcycle-Pedestrian Accidents
Compensation in motorcycle-pedestrian accidents can cover various damages, including:
- Medical Expenses: This includes hospital bills, surgeries, physical therapy, and long-term care.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for lost income, both present and future.
- Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
- Property Damage: If the accident damaged personal property, such as a motorcycle, you may be entitled to compensation for repairs or replacement.
- Punitive Damages: In cases of gross negligence or intentional wrongdoing, the court may award punitive damages to punish the responsible party and deter future misconduct.
How We Can Help
At Patterson Law Group, we are the best San Antonio, Texas injury lawyers for motorcycle and pedestrian accidents. Our team has years of experience handling complex accident cases and fighting for the rights of injured victims.
Here’s how we can help:
- Comprehensive Investigation: We conduct thorough investigations to gather crucial evidence, such as accident reports, witness statements, and video footage.
- Expert Witnesses: We work with accident reconstruction experts, medical professionals, and other specialists to strengthen your case.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. We stand up to them on your behalf to ensure you receive fair compensation.
- Courtroom Representation: If your case goes to trial, our experienced attorneys will advocate for your rights and seek the maximum compensation available under Texas law.
Why Choose Patterson Law Group?
When searching for a motorcycle accident attorney near you, it is essential to choose a law firm with a proven track record of success.
Here’s why Patterson Law Group is the right choice for you:
- Local Experience: As an accident lawyer in San Antonio, we are familiar with the local laws, courts, and insurance companies, giving you a strategic advantage.
- Personalized Attention: We understand that every case is unique, and we take the time to get to know you and your specific needs.
- Proven Results: Our attorneys have secured millions of dollars in compensation for our clients, helping them move forward after life-changing accidents.
Contact Us Today
If you or a loved one has been injured in a motorcycle-pedestrian accident, don’t wait. Contact the top-rated motorcycle accident lawyer in San Antonio at Patterson Law Group. We offer free consultations to evaluate your case and discuss your legal options.
Call us today or visit our office in San Antonio to speak with an experienced motorcycle-pedestrian accident attorney. Let us help you get the justice and compensation you deserve.
