What Evidence Is Crucial in San Antonio Motorcycle Accident Cases?

Any wise motorcyclist knows that the freedom of the open road comes with a tradeoff in increased risk. Motorcyclists are more likely to be killed or injured in accidents than auto drivers or passengers. Additionally, Texas has seen more serious motorcycle accidents in the past two years. A total of 599 motorcyclists were killed on Texas roads in 2023, up from 562 in 2022.

If you are in a motorcycle accident that was not your fault, you have the right to recover your medical bills, property losses, and lost income. But in order to get the money you deserve, you need evidence to prove your damages—and to prove that you were not responsible for the crash.

Motorcycle Collision Law and Insurance in Texas

After a motorcycle accident in Texas, the law of contributory negligence applies to your possible recovery. What that means is that you can recover some of your damages if you were partly at fault. Still, any amount you recover will be reduced by the percentage of responsibility you bear for the accident. And if you were more than 50 percent at fault, you can’t recover at all. This is also known as “modified comparative negligence.” See Tex. Civ. Prac. & Rem. § 33.001.

Who determines the percentage amount of fault? By law, a jury or a court makes that decision based on the facts of the case. But in practice, not many traffic accident cases make it to trial; nobody wants them to. Insurance settlements are faster and less expensive for everyone concerned.

Insurance adjusters and investigators review records and photos from the accident scene and create a report stating a percentage of fault between the parties involved. Naturally, the companies want to pay out as little as possible. They have every motive to push fault away from their covered drivers and minimize their own liability. Some companies use algorithms or even AI to come up with their results!

An insurance report on the percentage of fault does not have the force of law. Companies simply rely on the parties’ need to recover whatever they can and get on with their lives. When you have an experienced motorcycle accident attorney, your attorney can review key evidence to determine who was truly at fault.

The Accident Evidence You Need

If you can safely get up and move around after a motorcycle collision, you have a legal duty to see if anyone else involved needs help. Then all the parties need to exchange relevant information:

Name and address
Registration number for the motorcycle and/or auto
Insurance information
Driver’s license

See Tex. Transp. Code § 550.023.

Next, if at all possible, you should gather crucial evidence. Take notes of:

the time of day
the exact location
the weather and lighting conditions
any words exchanged around the accident (especially statements by others involved)

You will also want:

Photos and videos of the accident site and the vehicles involved.
Photos of nearby buildings or traffic fixtures. There may have been surveillance cameras recording the event or eyewitnesses indoors. The street numbers can also confirm the site location.
Eyewitness details. If any passersby witnessed the collision, ask them for their contact information so that they can describe it later.

Afterwards, you will need documentation of the collision and its aftermath, particularly:

The collision report. You have to call law enforcement when you have been in a collision that caused injuries or made it impossible to drive a vehicle. See § 550.026. The responding officer should file a collision report with the Texas Department of Transportation within 10 days of the incident. See § 550.062. You will need a copy of the filed report. If an officer does not make this report, you must do so. A city or town may also require a collision report of its own.
Medical records. Even if you do not feel like you need medical attention after the crash, it is vital to get an examination. Traumatic injuries can hide behind an adrenaline rush, and other major medical problems may develop over hours, days, or even weeks. Timely clinical records are key to getting insurance coverage for injuries like this.
Medical expenses. You will need to pay for prescription and non-prescription drugs, as well as home health expenses such as canes, braces, or wheelchairs. Retain these receipts.
Records of property damage. This should include damage to your motorbike and any other items you carried, such as gear, clothing, electronics, and other personal baggage.
Lost income or wages due to the collision. If you work for wages or a salary, collect pay stubs and documentation of paid or unpaid time off. Self-employed people should gather documentation of contracts they could not perform, opportunities they lost, and tax returns showing typical income.
Personal accounts. Keep a journal of the pain and struggles you face after the collision. This will help you establish non-economic damages for your physical and psychological suffering. Friends, family, or colleagues may also be able to provide evidence of your difficulties.

Moving Forward

Motorcycle accidents can take a heavier toll on riders than on auto drivers. Don’t risk losing the compensation you deserve. Get the help of a Texas motorcycle accident attorney to review your records, manage your documents, and defend your rights from insurance companies. Our San Antonio team is waiting to hear from you. Call the Crash Angels at 210-801-9314 today to schedule your free initial case review.