While you might feel like the situation is hopeless, you should examine your case more closely to determine whether negligence was present.
Many crashes involve motorcycles crashing into trees, ditches, and guardrails with seemingly no involvement from other vehicles. These single-vehicle crashes may pose issues for injured victims who need compensation. For example, on December 7th it was reported that a motorcyclist was in critical condition after crashing into a guardrail in San Antonio. But can you still sue in this situation? Under what circumstances might you receive compensation?
Texas Is a Tort State
The first thing you need to know is that Texas is a tort state. This means that it follows an “at-fault” system when it comes to car accidents. In other words, you need to prove that someone’s negligence led directly to your injuries if you want to receive compensation for your injuries. This obviously poses a problem for victims of single-vehicle crashes, as there is no one else to hold accountable for your injuries.
This system is in stark contrast to a “no-fault” system. Under a no-fault system, victims can file claims and receive compensation without actually holding anyone accountable for their injuries. They can do this by filing a claim through their own mandated PIP insurance coverage. Under this system, each person turns to their own PIP coverage regardless of who was to blame – except in the case of very serious injuries.
Is There Really No One to Blame?
While you might feel like the situation is hopeless, you should examine your case more closely to determine whether negligence was present. Sometimes, negligence can occur in subtle ways – even in single-vehicle accidents. For example, a vehicle might have suddenly cut you off, causing you to swerve and hit a guardrail. Even though this vehicle never actually struck you or crashed, the driver might still be held liable for your injuries.
Another example involves poorly-maintained roads. For example, you might have hit a ditch that wasn’t paved properly. Perhaps the road was filled with potholes that caused you to lose control of your motorcycle. Maybe the road signs were so confusing that they guided you into oncoming traffic. In these situations, you may be able to hold accountable the government agency responsible for maintaining the roads.
Turning to Your Own Insurance Policy
If all else fails, you can always turn to your own insurance policy for compensation. Filing a claim with the help of your lawyers can increase the chances of a positive outcome and a fair settlement.
Where Can I Find a Motorcycle Accident Attorney in San Antonio?
If you’ve been searching for San Antonio motorcycle accident lawyers, there are plenty of options available. Book a consultation with Texas motorcycle accident lawyers at your earliest convenience, and you can strive for the best possible results in the most efficient manner possible. The only way to determine if you can sue is to get in touch with these motorcycle accident lawyers and receice targeted advice based on your unique situation. Book your consultation with nearby accident lawyers today.
Sources:
- https://wallethub.com/answers/ci/is-texas-a-no-fault-state-2140699321/
- https://news4sanantonio.com/news/local/motorcyclist-in-critical-condition-after-crashing-into-guardrail-along-south-side-roadway-investigation-san-antonio-police-texas-ambulance-hospital
If you have further questions about this article or legal concerns call 800-672-3103.
Join the conversation!