When an accident occurs, motorcyclists are disproportionately vulnerable. Without the protective shell of a car, riders are often thrown from their bikes. The injuries sustained can be catastrophic, altering lives in an instant.
If you’ve been involved in a motorcycle accident anywhere across Texas, the aftermath can be a whirlwind of pain, confusion, and anxiety. Beyond the immediate physical injuries, you’re likely grappling with the damage to your bike, the complexities of insurance claims, and the daunting prospect of a long recovery.
The legal process can seem overwhelming, especially when you’re focused on healing. At Ryan Orsatti Law, we understand the severe physical, emotional, and financial toll a motorcycle accident takes.
We empathize with the unique challenges motorcyclists face on Texas roads, often encountering drivers who fail to see them or share the road safely. San Antonio Motorcycle accident attorney, Ryan Orsatti and his dedicated team are here to provide not just legal representation, but compassionate, assertive advocacy.
We know that behind every case is a rider whose life has been uprooted, and we are committed to fighting relentlessly for your rights and for full compensation. When you choose Ryan Orsatti Law, you’ll have the privilege of working directly with Attorney Ryan Orsatti himself.
He is more than just a legal advocate, he’s a dedicated partner who genuinely cares about you and your case. The firm provides unwavering support and guidance throughout your legal journey. If you have been injured in a motorcycle accident don’t delay. Your time to act is limited.
Steps to Take After a Motorcycle Accident
Your actions immediately following a motorcycle accident are critical. They significantly impact both your wellbeing and the strength of any future legal claim. Even in shock, try to remember these vital steps:
Prioritize Your Safety and Seek Medical Attention
Move to Safety (if possible): If your injuries allow, and it’s safe to do so, move yourself and your motorcycle out of the flow of traffic to prevent further collisions.
Call 911 Immediately: Report the accident to the police and request emergency medical services, even if you feel your injuries are minor. Adrenaline can mask pain, and some serious injuries, like internal bleeding or concussions, may not be immediately apparent.
Prompt medical care is crucial not only for your health but also for creating an official record linking your injuries directly to the accident. Follow all medical advice and attend all follow-up appointments.
Contact Law Enforcement and Cooperate
Wait for the police to arrive. They will secure the scene, direct traffic, and prepare an official police report. This is a vital piece of evidence as it provides an account of the accident, including details like road conditions, vehicle positions, and initial determinations of fault.
Provide them with factual information. Avoid speculating or admitting fault, even if you think you might be partially to blame. Stick to what you know.
Document the Scene and Gather Evidence (if safe and able)
Take Photos and Videos: Use your phone to extensively document the accident scene from multiple angles. Capture:
- All vehicles involved, including close-ups of damage to your motorcycle and the other vehicles.
- License plates of all vehicles.
- The surrounding area: road conditions, traffic signs, signals, skid marks, and any relevant landmarks.
- Your injuries, damaged gear, and any other personal property.
- Weather conditions at the time.
Identify Witnesses: Ask anyone who saw the accident for their name, phone number, and email address. Their testimony can be invaluable in establishing fault.
Exchange Information: Get the other driver’s name, contact information, insurance company and policy number, and vehicle information. Provide them with yours.
Do Not Discuss Fault or Give Recorded Statements
Do not apologize or admit fault to anyone at the scene, including the other driver, witnesses, or the police. Crucially, do not give a recorded statement to any insurance company without first consulting an attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used against you.
Keep Meticulous Records
Retain copies of any documentation related to your injuries and treatment. Keep track of lost wages, repair estimates for your motorcycle, and any out-of-pocket expenses incurred due to the accident. Log all communications with insurance companies noting the names of the people you spoke with.
Contact an Experienced Motorcycle Accident Attorney
Motorcycle accident claims are notoriously complex. Insurance companies often try to blame the motorcyclist, and their initial settlement offers are rarely fair. An attorney can protect your rights, gather crucial evidence, navigate Texas laws, and negotiate fiercely on your behalf.
Understanding Liability and Compensation in Texas Motorcycle Accidents
Texas is an “at-fault” state, meaning the negligent party who caused the accident is responsible for the resulting damages. However, proving liability in a motorcycle accident can be challenging, as there’s often a bias against motorcyclists.
Common Causes of Motorcycle Accidents
Most motorcycle accidents are not the rider’s fault. They are often caused by negligent drivers of larger vehicles who:
- Fail to See Motorcyclists: Drivers frequently claim they “didn’t see” the motorcycle, often due to inattention, distracted driving, or failing to check blind spots.
- Fail to Yield the Right-of-Way: Especially at intersections, drivers turning left often misjudge the speed or distance of an approaching motorcycle.
- Distracted Driving: Texting, talking on the phone, or other distractions lead to drivers swerving, changing lanes unsafely, or failing to react to traffic.
- Drunk or Drugged Driving (DWI/DUI Accidents): Impaired drivers pose an extreme danger to all road users, particularly motorcyclists.
- Speeding or Reckless Driving: Excessive speed reduces reaction time and increases collision severity.
- Unsafe Lane Changes: Drivers may change lanes without adequate signaling or checking for motorcycles.
- Road Hazards: Potholes, gravel, debris, or unmarked construction zones can be far more dangerous for motorcyclists than for cars. In such cases, the municipality or construction company responsible for road maintenance could be liable.
An experienced accident lawyer like attorney Ryan Orsatti will thoroughly investigate your accident to identify all negligent parties and hold them accountable, whether it’s another driver, a trucking company, or a government entity responsible for road conditions.
Texas Comparative Fault Rule
Texas applies a modified comparative fault rule according to Texas Civil Practice and Remedies Code § 33.001. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
If you are found to be 51% or more at fault, you are barred from recovering any damages. Insurance companies frequently try to assign a high percentage of fault to motorcyclists to reduce their payout, making skilled legal representation crucial.
Statute of Limitations
In Texas, the general statute of limitations for personal injury claims, including motorcycle accidents, is two years from the date of the accident according to Texas Civil Practice & Remedies Code § 16.003.
There are some narrow exceptions but failing to file your lawsuit within this two-year window almost certainly means losing your right to seek compensation. Given the difficulties of these cases, it’s vital to act quickly.
Common Motorcycle Accident Injuries and Recoverable Damages
Motorcyclists, even with proper safety gear, are highly susceptible to severe injuries in a collision. These injuries often require extensive and long-term medical care, resulting in hefty financial burdens.
Common Injuries from Motorcycle Accidents
- Traumatic Brain Injuries (TBIs): Even with a helmet, concussions, contusions, and severe TBIs can occur, leading to lifelong cognitive, emotional, and physical impairments.
- Spinal Cord Injuries (SCIs): Damage to the spinal cord can result in partial or complete paralysis, requiring extensive rehabilitation and adaptive equipment.
- Broken Bones and Fractures: Fractures to legs, arms, ribs, and the collarbone are common.
- Road Rash: Severe skin abrasions caused by sliding across the pavement, often requiring multiple skin grafts.
- Internal Organ Damage & Internal Bleeding: The force of impact can cause hidden, life-threatening internal injuries.
- Neck and Back Injuries: Whiplash, herniated discs, and other soft tissue injuries can lead to chronic pain and limited mobility.
- Limb Amputations: Unfortunately, due to the direct exposure, motorcyclists sometimes suffer injuries so severe that amputation of a limb becomes necessary.
- Disfigurement and Scarring: Road rash and other injuries can leave permanent scars.
- Emotional and Psychological Trauma: The harrowing experience can lead to PTSD, anxiety, depression, and a fear of riding again.
Types of Damages You Can Recover
An injury claim aims to make you financially whole again after the accident. You can seek compensation for:
Economic Damages:
- Medical Expenses: All past and future medical treatment, including emergency care, surgeries, hospital stays, doctor visits, prescription medications, physical therapy, rehabilitation, and long-term care.
- Lost Wages: Income lost from time missed at work, as well as loss of future earning capacity if your injuries prevent you from returning to your previous job or earning at the same level.
- Property Damage: Cost to repair or replace your motorcycle, helmet, protective gear, and any other personal property damaged in the crash.
- Other Out-of-Pocket Expenses: Transportation to medical appointments, home modifications for accessibility, etc.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical agony, discomfort, and mental pain you endure.
- Mental Anguish: Addressing the emotional distress, anxiety, fear, and psychological trauma.
- Disfigurement: For permanent scarring or physical alterations.
- Impairment/Loss of Enjoyment of Life: For the diminished ability to engage in daily activities, hobbies, and the overall impact on your quality of life.
Punitive Damages
In cases where the at-fault driver’s actions were grossly negligent, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Attorney Ryan Orsatti doesn’t settle for less than you deserve. He investigates every aspect of your case, works with experts to accurately calculate your total damages, and fights relentlessly to secure full compensation.
Why Choose Us for Your Motorcycle Accident Claim?
Motorcycle accident claims are often unfairly challenging due to common biases against riders. You need an attorney who not only understands the law but also actively combats these prejudices to protect your rights.
Direct Attorney Involvement & Personalized Care
You’ll have the privilege of working directly with Attorney Ryan Orsatti himself. Ryan is personally involved in every case, providing unwavering support, transparent communication, and dedicated guidance. He genuinely cares about you and your recovery.
Experience Counts, Results Matter
With decades of experience in personal injury law, Ryan Orsatti has a proven track record of securing significant settlements and verdicts for injured clients across Texas. He understands the unique legal nuances of motorcycle accidents and how to effectively combat insurance company tactics.
Relentless Advocacy & Trial Readiness
We aggressively advocate for your best interests. We prepare every case as if it’s going to trial, which strengthens our position in negotiations. If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court.
Accessibility & No Upfront Costs
We offer a free case evaluation to discuss your situation without any financial obligation. We work on a contingency fee basis, meaning you pay no fees unless we secure a victory for your case.
Your calls are answered 24/7, providing immediate support. We can also assist in arranging transportation to doctors. Additionally, we help with medical costs/deductibles by getting clients into doctors without upfront costs, easing your burden during recovery.
Your Road to Recovery Starts Here, Contact Ryan Us Today
A motorcycle accident can be a life-altering event, but you don’t have to face the daunting legal and financial challenges alone. Protecting your rights and securing the compensation you may deserve requires immediate, skilled legal action.
If you’ve been injured in a motorcycle accident in San Antonio or anywhere in Texas, don’t let the clock run out on your claim. You deserve a personal injury lawyer who understands the unique aspects of motorcycle accidents and fights relentlessly on your behalf.
We will be by your side, providing unwavering support and guidance through every step of your legal journey. Remember, with Ryan Orsatti Law, you pay nothing unless we win! Se habla español. Let us put our experience to work for you and help you on your road to recovery.
Contact Ryan Orsatti Law today at (210) 525-1200 for a free, no-obligation case evaluation.