Motorcycle Crash in San Antonio?
Bexar County consistently ranks among the top Texas counties for motorcycle-related incidents, with over 240 crashes and 22 fatalities in a recent year. Riders face unique legal challenges — including anti-rider bias from insurance adjusters and juries. Here's what to do right now to protect your claim.
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Key Takeaways
- Call 911 immediately — motorcycle crashes produce severe injuries at a far higher rate than car crashes, and Texas law requires reporting any accident involving injury, death, or property damage exceeding $1,000 (Tex. Transp. Code § 550.026).
- San Antonio recorded over 240 motorcycle accidents in a recent year, with approximately 180 serious injuries and 22 fatalities. Statewide, one motorcyclist dies on Texas roads every day.
- Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003) — miss this deadline and you permanently lose your right to compensation.
- Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001) means you recover nothing if found 51% or more at fault — insurance companies routinely try to blame riders.
- Lane splitting is illegal in Texas as of September 2023 (HB 4122) — if the other driver's insurance claims you were lane splitting, they'll use it against you.
- Most San Antonio motorcycle accident attorneys offer free consultations and work on contingency — you pay nothing unless they win your case.
Get medical attention immediately
Motorcyclists have no steel frame, no airbags, and no seatbelt protecting them. Even with proper gear, the injuries from a motorcycle crash are typically far more severe than in a car accident: road rash, broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage.
Call 911 even if you think you can stand up. Adrenaline masks pain, and injuries like internal bleeding, spinal fractures, and concussions may not produce symptoms for hours. Paramedics will assess you at the scene and may transport you to University Hospital — San Antonio's only ACS-verified Level I adult and pediatric trauma center, admitting over 3,000 trauma patients annually.
Do not remove your helmet at the scene unless medically necessary. If you have a neck or spinal injury, removing the helmet incorrectly can cause permanent damage. Let paramedics handle it. If you were wearing a helmet, keep it — damage to the helmet is evidence of the force of impact.
Move your motorcycle and yourself to safety if possible
If you can safely do so, move yourself and your motorcycle out of the travel lanes. San Antonio's high-volume corridors — I-35, I-10, Loop 410, Loop 1604, US-281 — carry heavy traffic at high speeds, and a downed motorcycle on the road creates extreme secondary crash risk.
The I-35 and Loop 410 interchange, the I-10 and Loop 1604 interchange, and the Bandera Road and Loop 410 intersection are among the highest motorcycle accident locations in San Antonio. Left-turn collisions at intersections — where drivers misjudge a motorcycle's speed — are the most common crash pattern.
If you cannot move, stay as visible as possible. Turn on your hazard lights if the bike's electrical system is still functioning. If other drivers or witnesses can safely place flares or activate their hazard lights to warn approaching traffic, that can help prevent a secondary collision.
Document the scene and the other vehicle
If you are physically able, photograph everything: the other vehicle (including license plate), your motorcycle, the road surface, any debris, skid marks, traffic signals or signs, weather and road conditions, and your injuries and damaged gear. Photograph the intersection or stretch of road from multiple angles.
Get the other driver's information: full name, phone number, insurance company and policy number, driver's license number, and license plate number. Get the names and phone numbers of any witnesses — their testimony is especially important in motorcycle accident cases because drivers frequently claim they "didn't see" the motorcycle.
Do not apologize or admit fault. In motorcycle accident cases, insurance adjusters almost always try to shift blame to the rider — claiming you were speeding, lane splitting, riding aggressively, or that the driver simply didn't see you. Anything you say at the scene can be used to support that narrative.
Understand anti-rider bias and protect yourself
This is the reality of motorcycle accident claims in Texas: insurance adjusters and juries carry bias against motorcyclists. They may assume you were speeding, riding recklessly, or "asking for trouble" by riding a motorcycle in the first place. This bias can reduce the value of your claim or lead to a denial — even when the other driver was clearly at fault.
To counter anti-rider bias, you need strong evidence. Photographs, witness statements, the police report, surveillance camera footage, and your driving record all help establish that you were riding responsibly. If you were wearing proper gear — helmet, jacket, gloves, boots — document it. If you have a motorcycle safety course certification, that's evidence of responsible riding.
Texas's helmet law (Tex. Transp. Code § 661.003) requires helmets for riders under 21. Riders 21 and older are exempt only if they have completed a DPS-approved Motorcycle Operator Training Course and carry at least $10,000 in health insurance coverage for motorcycle accident injuries. If you were not wearing a helmet and were legally required to, the insurance company will use it against you — but not wearing a helmet does not bar your claim under Texas law. It may, however, reduce your damages if the defense can show a helmet would have prevented or reduced your head injuries.
File a police report
If SAPD or DPS responded to the scene, they will generate a crash report. If officers did not respond, file a report yourself. Texas law (Tex. Transp. Code § 550.062) requires drivers to file a crash report with TxDOT within 10 days if the crash caused injury, death, or property damage of $1,000 or more and was not investigated by law enforcement.
The police report is especially important in motorcycle accident cases because it documents the officer's observations about the scene, the positions of the vehicles, any citations issued, and witness statements. If the other driver was cited for failure to yield, running a red light, or distracted driving, that significantly strengthens your case.
To obtain your crash report, use the TxDOT CRIS portal (cris.dot.state.tx.us/public) for $6, or visit the SAPD Records Office at 315 S. Santa Rosa, San Antonio, TX 78207, Monday through Friday 9:00 AM to 4:00 PM. Reports are typically available 7 to 10 business days after the crash.
See a doctor within 72 hours and follow through on treatment
Even if you were treated at the scene, see a doctor within 72 hours for a complete evaluation. Motorcycle accident injuries frequently include damage that isn't immediately apparent: concussions, internal bleeding, hairline fractures, ligament tears, and nerve damage.
Follow every treatment recommendation and attend every appointment. Gaps in medical treatment are the single most common reason insurance companies use to deny or reduce motorcycle accident claims. If you skip appointments or stop treatment early, they'll argue your injuries weren't serious.
Keep every medical record, bill, receipt, and prescription. Document how your injuries affect your daily life — inability to work, difficulty sleeping, pain levels, emotional and psychological impact. If your injuries prevent you from riding — something that may be a significant part of your identity and lifestyle — document that loss as well.
Know your deadlines under Texas law
Under Tex. Civ. Prac. & Rem. Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. Texas courts enforce this deadline strictly — miss it and you lose your right to compensation permanently.
If the crash involved a government vehicle or occurred on a government-maintained road, you must provide formal written notice within 6 months under Tex. Civ. Prac. & Rem. Code § 101.101. In San Antonio, this is relevant given the military presence — Joint Base San Antonio (JBSA) is the largest joint base in the US, and military vehicles are common on local roads.
Don't wait until the deadline approaches. Building a strong motorcycle accident case takes time: gathering evidence, obtaining medical records, documenting the full extent of your injuries, and negotiating with an insurance company that is looking for every reason to minimize your payout.
Talk to a motorcycle accident attorney
If you were injured in a motorcycle accident, you should talk to an attorney — even if you think the case is straightforward. Anti-rider bias makes motorcycle accident claims more difficult than standard car accident claims, and insurance adjusters are trained to exploit every opening to reduce your compensation.
An experienced San Antonio motorcycle accident attorney can investigate the crash (including pulling traffic camera footage and accident reconstruction if needed), counter anti-rider bias with strong evidence, handle all communication with the insurance company, and fight for compensation that accounts for the full severity of your injuries — including future medical costs, lost earning capacity, pain and suffering, and the impact on your quality of life.
Most motorcycle accident attorneys offer free consultations and work on contingency — you pay nothing unless they win your case. Look for an attorney with specific experience handling motorcycle accident cases in Bexar County courts.