What matters most when choosing a motorcycle accident attorney
Finding the right attorney in New Braunfels means looking for someone with specific experience handling motorcycle claims, not just general car accidents. Motorcycle cases are different: liability is often disputed more aggressively, injuries tend to be more severe, and insurance companies frequently use bias against riders to reduce payouts. You need an attorney who understands these dynamics and has a track record handling them.
The best way to start is asking: Does this attorney have motorcycle accident experience specifically, or only car accidents? How many cases have they taken to trial versus settled? Do they work on contingency (you pay nothing unless you win)? Can they explain clearly how Texas comparative fault rules affect your case? These questions separate attorneys who can actually help from those who will treat your case like any other fender-bender.
Key Takeaways
- Look for attorneys with documented motorcycle accident experience, not just general personal injury work, because motorcycle liability and injury patterns are handled differently by insurers.
- Ask whether they work on contingency and what percentage they take, so you understand the cost structure before you hire them.
- Request the names of past motorcycle clients you can contact, or ask how many motorcycle cases they have tried to verdict in the last three years.
- Verify they are licensed in Texas and have no disciplinary history by checking the State Bar of Texas website.
- Meet with at least two attorneys before deciding, because the fit between your case and their experience matters more than reputation alone.
How to find attorneys in New Braunfels who handle motorcycle claims
Start with the State Bar of Texas lawyer referral service, which lets you search by practice area and location. Go to texasbar.com, use the "Find a Lawyer" tool, and filter for personal injury attorneys in New Braunfels or nearby Comal County. This gives you a vetted list—every attorney listed is licensed and in good standing.
Next, search online for "motorcycle accident attorney New Braunfels" and look at the results. Read reviews on Google and Avvo, but treat them as one data point, not the deciding factor. Look for patterns: Do multiple reviews mention motorcycle experience? Do clients describe the attorney as responsive? Red flags include vague reviews that sound written by the firm itself, or reviews that promise specific outcomes.
Ask your insurance company or your doctor for referrals. They often know which local attorneys handle motorcycle cases well. You can also contact the San Antonio Bar Association (New Braunfels is in their region) and ask for a referral to someone with motorcycle accident experience.
Questions to ask during your first conversation
When you call or meet an attorney, have a list ready. Ask: "How many motorcycle accident cases have you handled in the last three years?" Listen for a specific number. "How many went to trial?" and "How many settled?" This tells you whether they actually litigate or just push settlements. Ask: "What is your contingency fee?" Most personal injury attorneys in Texas charge 33% if the case settles and 40% if it goes to trial, but this varies.
Ask: "Have you handled cases involving [your specific situation]—for example, a left-turn collision, or a hit-and-run?" Specificity matters. An attorney who has handled dozens of left-turn motorcycle cases knows the common defenses and evidence better than one who has handled three. Ask: "What do you think happened in my case, and what are the biggest obstacles?" A good attorney will be honest about weaknesses, not just optimistic.
Finally, ask: "How often will you communicate with me, and how?" Some attorneys update clients monthly; others only when something changes. Know what to expect before you sign anything.
Red flags that suggest you should keep looking
Avoid any attorney who guarantees a specific outcome or dollar amount. No honest attorney can promise that. If someone says "I can get you $50,000" or "You will win," they are either lying or setting you up for disappointment.
Be wary of attorneys who pressure you to decide when ready or who seem more interested in signing you than understanding your case. A good attorney will take time to listen and ask questions. If they spend five minutes with you and hand you a contract, that is a sign they treat cases as volume, not substance.
Check the State Bar of Texas disciplinary database before you hire anyone. Go to texasbar.com and search for the attorney's name under "Disciplinary Actions." If there is a history of complaints or sanctions, that is a serious warning. A few old complaints might be normal; a pattern of recent ones is not.
Avoid attorneys who do not specialize in personal injury or who mention motorcycle cases only in passing. General practice attorneys or those who handle mostly real estate or family law are not equipped for the specific demands of a motorcycle claim.
Understanding contingency fees and what you actually pay
Most motorcycle accident attorneys in New Braunfels work on contingency, meaning you pay them a percentage of what you recover, not an hourly rate. The standard is 33% if the case settles before trial and 40% if it goes to trial. Some attorneys charge 25% for early settlements. Ask what percentage applies at each stage.
Understand that you also pay case costs separately. These include filing fees, informed witness fees, medical record retrieval, and court reporter fees. These costs come out of your settlement or judgment before the attorney takes their percentage. Ask the attorney to estimate these costs and explain when you will owe them. Some attorneys advance costs and deduct them later; others ask you to pay as you go.
Request a written fee agreement before you sign anything. It should spell out the percentage, when costs are paid, what happens if you fire the attorney mid-case, and whether the attorney will negotiate a lower fee if the case settles quickly. Do not sign anything you do not fully understand.
How to evaluate whether an attorney is right for your specific case
After you have narrowed your list to two or three attorneys, think about fit. Did they listen to your story, or did they interrupt and assume facts? Did they ask about your injuries and your life, or only about liability? Did they explain things in language you understood, or did they use jargon without clarifying?
Ask each attorney for references from past motorcycle clients. A good attorney will have at least two or three willing to talk to you. When you call them, ask: "Would you hire this attorney again?" and "What surprised you about the process?" Their answers will tell you more than any marketing material.
Consider logistics. Can you meet in person, or will everything be by phone and email? Some attorneys in New Braunfels handle cases entirely remotely; others prefer face-to-face meetings. Choose based on what works for you and what the attorney offers.
What happens after you hire an attorney
Once you sign a fee agreement, your attorney will request your medical records, police reports, and insurance information. They will investigate the accident, often hiring an accident reconstructionist if liability is unclear. They will send a demand letter to the at-fault driver's insurance company, laying out your injuries, damages, and legal theory. The insurer will respond with an offer, usually lower than your demand.
From there, negotiation begins. Your attorney will counter-offer, and you will go back and forth. Most cases settle during this phase. If settlement stalls, your attorney will file a lawsuit in Comal County District Court. Discovery follows—both sides exchange documents and take depositions. If the case does not settle before trial, it goes to a jury.
Throughout this process, your attorney should keep you informed. You should never be surprised by a settlement offer or a court date. If communication breaks down, that is a sign to reconsider the relationship.
Frequently Asked Questions
Can I switch attorneys if I am unhappy with the one I hired?
Yes, but timing matters. If you fire an attorney early, you may owe them a portion of the fee based on work done. If you fire them after they have done substantial work, the cost is higher. Get the fee agreement in writing so you know the terms. Always consult a second attorney before switching to understand your obligations.
What if the insurance company denies my claim entirely?
Your attorney will file a lawsuit against the at-fault driver. The insurance company will defend them. The case proceeds to discovery and trial if necessary. This is why you need an attorney with trial experience—if the insurer thinks you will actually go to court, they are more likely to settle reasonably.
How long does a motorcycle accident case usually take?
straightforward cases with clear liability and documented injuries can settle in three to six months. Complex cases with disputed fault or severe injuries often take one to two years. If the case goes to trial, add another six to twelve months. Your attorney should give you a realistic timeline based on your specific facts.
Do I have to go to court if I hire an attorney?
No. Most cases settle without trial. Your attorney will handle negotiations and paperwork. You may need to attend a deposition (a recorded question-and-answer session) or mediation (a settlement conference with a neutral third party), but full trial is rare. Your attorney will tell you if your case is likely to go to trial.
What if I cannot afford an attorney upfront?
Contingency fees solve this problem. You pay nothing unless you recover money. The attorney fronts the case costs and takes their percentage from the settlement or judgment. This is standard for motorcycle accident claims in Texas, so cost should not prevent you from hiring representation.