Motorcycle Accident Lawyer Serving San Antonio, TX
If you have been injured in a motorcycle accident in San Antonio, you deserve justice and fair compensation for the harm you have suffered. Our dedicated team at Law Offices of Troy A. Brookover can help you demand a fair recovery by filing your motorcycle injury claim. With over 30 years of experience and Board Certification in Personal Injury Law by the Texas Board of Legal Specialization, Troy Brookover knows how to handle your case effectively and pursue the compensation you need.
Motorcycle claims come with a problem car accident claims don’t have. Adjusters and jurors often arrive with the assumption that the rider was speeding, weaving, or taking risks, even when the evidence says otherwise. Overcoming that assumption is part of the work, and it starts with a thorough investigation rather than a phone call to an insurance company.
If you’re searching for motorcycle accident lawyers near you, our office is at 14100 San Pedro Avenue, Suite 550, in north San Antonio, just off US-281 and a few minutes from Loop 1604. We represent riders throughout Bexar County and across Central and South Texas.
Stop by our office today, or call and we can come to you. If your injuries make travel difficult, we also hold free consultations by phone and video. Se habla español.
Why Choose Us
The outcome of your motorcycle accident claim can be significantly impacted by the legal representation you choose. For years, residents of San Antonio and nearby areas have trusted our law firm to fight for their rights because:
Proven track record: With over 30 years of experience and thousands of satisfied clients, we have a proven history of securing maximum compensation for victims of personal injury.
Inside experience: Troy spent the early part of his career working in insurance defense. He knows how carriers evaluate motorcycle claims, which arguments they use to discount them, and what it takes to answer those arguments.
Exclusive focus: Unlike many law firms, we concentrate solely on personal injury cases, ensuring our clients receive the highest level of focused attention.
Personalized care: We believe every client deserves individual care. Our commitment to open communication and client satisfaction sets us apart.
Focus on your recovery: While you concentrate on healing, we handle the legal complexities. We provide clear guidance through the claims process and fight aggressively for your rights.
How Our San Antonio Motorcycle Accident Attorneys Can Help Protect Your Rights
Dealing with a motorcycle accident claim can feel overwhelming, especially when you’re already struggling to recover from painful injuries. Our San Antonio personal injury attorneys are well-equipped to handle your case. Here are some ways how we can help you:
Investigating the accident thoroughly to establish the fault
Gathering evidence to support your claim
Interviewing witnesses to obtain helpful testimonies
Consulting medical professionals about your injuries
Working with accident reconstruction experts
Reviewing police reports for relevant details
Analyzing accident scene photos and videos
Countering unfair assumptions about rider behavior with evidence
Communicating with the opposing party’s legal team
Calculating your claim value and identifying all sources of compensation
Negotiating with insurance providers for an adequate settlement
Preparing and filing all necessary claim documents on time
Representing you in court if your case goes to trial
Client Testimonials
Real people, real results. Discover how we’ve helped others like you achieve justice and financial recovery.
Was in a bad rear-end accident and The Law Offices of Troy Brookover and his legal staff helped settle my case with great results. I highly recommend them for legal purposes.
Amazing law firm! Mr. Brookover has covered 3 cases for me. His staff is very professional and empathizes with your needs. Mr. Brookover is always honest and upfront about expectations and your case proceedings. Great customer service! You will never find another law firm that is great.
I would highly recommend Troy and his wonderful team! Troy, Phyllis, and Ray always made the time to answer any questions I had and explained every step of the process in terms I could understand.
Most motorcycle crashes are not caused by the rider. In the majority of collisions involving a motorcycle and another vehicle, the driver of the other vehicle violated the rider’s right of way. A few patterns account for a large share of these crashes:
Left-turn collisions. A driver turning left across traffic fails to see an oncoming motorcycle, or misjudges how fast it is closing, and turns directly into its path. This is the single most common way riders are seriously injured.
Unsafe lane changes. A motorcycle sits squarely in the blind spot of most vehicles. A driver who changes lanes without a shoulder check can push a rider into another lane or off the road entirely.
Following too closely. Motorcycles can stop faster than most cars. A tailgating driver has no room to react when a rider brakes.
Opening doors and roadside hazards. A car door opened into traffic gives a rider almost no time to avoid it.
Road defects. Potholes, uneven pavement seams, loose gravel, and construction plates are minor annoyances in a car and genuinely dangerous on two wheels. When a road defect or unsafe design causes a crash, a government entity or contractor may share responsibility.
Impaired and distracted driving. A driver looking at a phone is far less likely to register a motorcycle than a car, simply because a bike presents a smaller visual profile.
Riders in San Antonio face added risk on the highway corridors and interchanges, where heavy traffic on I-10, I-35, Loop 410, and Loop 1604 means constant lane changes and merging. Long construction zones on the loops introduce lane shifts, uneven surfaces, and narrowed shoulders that leave a rider very little margin.
Injuries Riders Commonly Suffer
A motorcycle offers no crumple zone, no airbag, and no seat belt. The same collision that leaves a driver shaken can leave a rider with injuries that take years to recover from, or that never fully heal:
Road rash. Far more serious than a scrape. Deep road rash can destroy skin down to muscle or bone, requires debridement and sometimes skin grafts, carries a real infection risk, and often leaves permanent scarring.
Traumatic brain injuries. A helmet reduces the risk considerably but does not eliminate it. Concussions and more severe brain injuries are common even in helmeted riders.
Spinal cord injuries and paralysis. The impact of being thrown from a bike frequently transfers directly into the spine.
Fractures. Legs, pelvis, ribs, collarbones, wrists, and ankles. Riders often land on an outstretched arm, which drives force into the wrist and shoulder.
Biker’s arm. Nerve damage that occurs when a rider’s arm absorbs the impact of a fall, sometimes causing permanent weakness or loss of function.
Burns. Contact with an exhaust pipe or engine, or with the pavement, can cause serious thermal and friction burns.
Amputation and other catastrophic injuries. Crush injuries to the legs and feet sometimes cannot be repaired.
What to Do After a Motorcycle Accident: Essential Steps to Protect Your Future
Taking appropriate steps after a motorcycle accident can protect your legal rights and impact your ability to recover compensation. Here’s what you should do if you get hurt in a San Antonio motorcycle crash:
Gather evidence from the accident scene. If possible, take photographs of vehicle damage, visible injuries, and other relevant factors at the scene and ask witnesses for contact details.
Seek immediate medical attention and follow-up care. Even if you initially feel fine after the crash, visit a doctor or hospital so they can document and treat all your injuries.
Keep your gear and your bike. Don’t repair the motorcycle or discard your helmet, jacket, gloves, or boots. Damage to your gear is physical evidence of how the crash happened and how much force was involved, and a damaged helmet can rebut an argument that you were not wearing one.
Contact a motorcycle accident attorney as soon as possible. An experienced attorney can guide you through the legal process, explain your rights, and build a strong case on your behalf.
Notify your insurance company about the accident. Provide any required details or documentation, but only give a recorded statement once you have consulted with your attorney.
Keep detailed records of all expenses and losses. Maintain thorough records of medical bills, repair costs, lost wages, and any other expenses related to the accident.
Avoid discussing the accident on social media. Insurance companies and opposing parties could use your online activity against you to undermine your claim. Photos of you riding, even from years ago, can be taken out of context.
Attend all legal and medical appointments. Missing appointments can harm your case and your health, and the opposing party could use your nonattendance against you.
Texas requires riders and passengers to wear a helmet, with an exception. A rider who is at least 21 years old may ride without one if they have either completed an approved motorcycle operator training course or are covered by a health insurance plan providing medical benefits for injuries sustained in a motorcycle accident.
Here is the part that matters for your case: Texas law prohibits the use of helmet non-use as evidence of negligence in a civil case. If you were riding legally without a helmet, the fact that you were not wearing one cannot be used against you to reduce what you recover.
That does not stop insurance adjusters from raising it anyway, informally, in an effort to push you toward a lower settlement. If an adjuster brings up your helmet, that is a signal to stop talking to them and call a lawyer.
How Much Does a Motorcycle Accident Injury Lawyer Cost in San Antonio?
The cost of hiring a motorcycle accident attorney in Texas can vary based on factors like the attorney’s experience, case complexity, and whether the case goes to trial. At Law Offices of Troy A. Brookover, our lawyers work on a contingency fee basis. This means the attorney’s fee is a percentage of the settlement or jury award.
Additional costs, such as court fees, expert witness fees, and investigative expenses, may apply. These are often advanced by the attorney and deducted from the final settlement.
It’s very important to discuss fees and costs upfront with your attorney. They should provide a clear estimate of potential expenses.
Texas’s Statute of Limitations
How Long Do I Have to File a Motorcycle Accident Claim?
According to Texas Civil Practice and Remedies Code section 16.003, you must file a lawsuit within two (2) years after a motorcycle accident injury. If you wait too long to file, you risk losing the right to seek compensation for your injuries.
Shorter deadlines apply in some situations. If a government vehicle was involved, or if a road defect maintained by a public entity contributed to your crash, written notice of your claim may be due within months rather than years. Swift action is essential to preserve your legal rights, and it is best to contact a lawyer immediately to discuss your case.
What Compensation Can I Claim After a Motorcycle Crash?
You could be entitled to various types of compensation to help you recover and move forward. This could include financial damages for:
Medical expenses from emergency care, hospital stays, surgeries, and other treatments
Future medical costs from ongoing and long-term treatments, such as physical therapy
Income losses from the wages you lost while recovering from your injuries and unable to work
Lost earning potential if your injuries prevent you from returning to your previous job or career
Pain, suffering, and lost quality of life resulting from the impact of the accident
Disfigurement and permanent scarring, which is a separate category of damages and matters in road rash cases
Property damage costs from repairing or replacing your motorcycle, helmet, and riding gear
How Is Fault Determined in a Motorcycle Accident?
Determining fault for San Antonio motorcycle accidents involves evaluating evidence such as police reports, witness statements, and accident scene photos. Investigators also examine traffic laws, driver behavior, and other factors to establish who caused the accident.
If you are partially at fault, Texas’ modified comparative fault rule will determine whether you can recover compensation. This rule says you can still demand compensation from other at-fault parties if you are less than 51 percent at fault. However, the law also reduces the amount of compensation you can receive based on your percentage of fault.
For example, let’s say a court finds that you are 30 percent at fault. In that case, your total compensation would decrease by 30 percent. An experienced attorney can accurately determine fault for your case and work to get you the full compensation you deserve, even if you share responsibility.
Comparative fault matters more in motorcycle cases than in most others, because the other driver’s insurer will almost always argue the rider carries some of the blame. Speed, lane position, visibility, and gear all get raised. Answering those arguments with scene evidence, reconstruction analysis, and the physical damage to the bike is often what separates a full recovery from a reduced one.
Answers to Frequently Asked Questions
There is a significant difference between a personal injury insurance claim and a lawsuit. A personal injury claim is simply a demand for financial compensation after a collision. When you are in a motorcycle accident in Texas, you contact the at-fault motorist’s insurance company with a record of your losses and ask for compensation.
A lawsuit is a formal legal action that the injury victim might file if the insurance company denies their claim or is otherwise unreasonable. During a lawsuit, the plaintiff and defendant present evidence, and then a judge or jury decides on a final verdict. In other words, an insurance claim is the first demand for payment, while a lawsuit is a legal process that resolves claim disputes.
Technically, having a personal injury attorney is not required to file a motorcycle accident claim, but you should always work with one. Motorcycle accident lawyers deeply understand Texas’ insurance laws and can make your claim as strong as possible.
Insurance companies are notorious for their tactics to avoid paying claims. An attorney can confront these tricks head-on and hold insurers accountable for their payment obligations. They can also handle all the legal legwork involved in filing a motorcycle accident claim, such as gathering evidence, obtaining medical documentation, filing claim paperwork, and negotiating with insurance companies.
You can potentially sue your own insurance company. If your insurer denies or underpays your uninsured motorist claim in bad faith, you could file a lawsuit against them to pursue the full amount of your damages. However, suing your own insurance companies can open up unique challenges. Working closely with a qualified motorcycle attorney in San Antonio is in your best interest.
If the at-fault driver doesn’t have liability insurance, you have two main options for recovering financial compensation:
Uninsured Motorist Coverage: Texas doesn’t require drivers to carry uninsured motorist coverage, although insurance companies must offer it when selling an auto policy. Uninsured motorist coverage can help you recover money when the other driver isn’t insured, but it may not be enough to pay for extensive injuries from a motorcycle crash.
Personal Injury Lawsuit Against the At-Fault Driver: You can go directly after the liable party for compensation by filing a lawsuit. However, this option might be limited if the at-fault driver has insufficient assets. You can speak to a motorcycle accident attorney about additional avenues for recovering maximum compensation.
Texas’s motorcycle helmet laws do not explicitly state that failing to wear a helmet bars you from recovering damages in a personal injury lawsuit. However, insurance companies might try to reduce your settlement offer by arguing that not wearing a helmet contributed to your injuries. Ultimately, it depends on the exact nature of your injuries. If you sustained a head, neck, or face injury that a helmet could have prevented, it’s more likely that failing to wear a helmet will reduce your final settlement in a motorcycle accident claim. A skilled motorcycle accident attorney can fight these attempts to lower your compensation.
Motorcyclists lack the protection that other motorists have, frequently leading to catastrophic injuries with life-altering consequences. If you have permanent injuries from a motorcycle collision, you can pursue compensation for your long-term medical bills and any life changes with a cost, such as mobility equipment. If your injuries require you to change your career or make you unable to work, you may also be able to recover money for lost projected future earnings. You may even seek compensation for the pain and suffering and lower quality of life you will experience because of your injuries.
Motorcycle settlements can range from a few thousand to hundreds of thousands or even millions of dollars. The reality is that every motorcycle accident case has unique circumstances, which makes it nearly impossible to calculate a typical settlement amount. Factors that will affect compensation amounts include:
The extent and severity of your injuries
Insurance coverage limits
Your occupation
Your age
The degree of pain and suffering
Whether you were partially responsible
Don’t put off receiving medical care. If you wait to see a doctor, the insurance company can use delays to dispute your medical condition.
Don’t accept the first settlement you receive. Your personal injury lawyer should always review any settlement agreement before you sign.
Don’t give the insurance company a recorded statement. Permanent recordings can harm your case if you accidentally contradict yourself.
Avoid discussing your injuries or insurance claim with anyone other than your attorney.
Be careful making public posts or posting photos on social media, as these could be used as evidence against you in your case.
Talk to Our San Antonio Motorcycle Accident Attorneys
Law Offices of Troy A. Brookover has over 30 years of experience advocating for the rights and well-being of motorcycle accident victims in San Antonio. We have an established track record of successful settlements and verdicts for motorcycle accidents and want to work with you next. Our law firm is passionate about serving justice and will do everything in our power to provide the legal support you need while you rest and recover from your injuries.
Call us today to receive a free, no-obligation case consultation with an experienced motorcycle accident lawyer in San Antonio.
