Due to the lack of protective barriers compared to cars, motorcycle accidents are often much more severe. A common type of personal injury case is that which involves motorcycle accidents. Motorcycles don’t have airbags, seat belts, or a surrounding metal frame. Because of this, motorcycle accident injuries can be downright catastrophic.
Therefore, knowing the steps you need to take right after a motorcycle accident is essential.
Acting right away will help protect your physical health, preserve evidence, and protect your legal rights. Learn the most essential actions you need to take after a motorcycle accident to ensure both your safety and legal rights.
Ensure Safety and Seek Medical Attention
The first thing that you need to do after a motorcycle accident is to ensure your safety and get medical attention, which generally involves three separate steps.
First, you need to assess your injuries. If you are conscious and able to move, self check for broken bones, bleeding, or any difficulty breathing. If you suspect that you have severe trauma or a spinal cord injury, you must remain still. If you can, also check on other individuals and passengers involved in the crash. Moreover, call emergency services right away.
Next, because motorcycle accidents often occur on busy roads, you have to move out of the way as soon as possible. If it’s safe to do so, move the motorcycle and yourself to a safer location, such as the sidewalk or the side of the road. You may also want to leave the motorcycle in place to make sure that law enforcement has the proper documentation and evidence they need for any resulting cases. Even if your injuries don’t seem severe, you’ll still want to call medical assistance right away. Emergency responders will provide you with medical care, and will also be able to provide you with evidence and backup in the event that you plan on filing an injury case.
Gather Evidence at the Accident Scene
Next on the list of things to do after a motorcycle accident is to gather evidence at the scene of the accident. First and foremost, this means that you should take photos of damage to your motorcycle and other vehicles, road hazards, debris, skid marks, weather conditions, and any visible injuries that you have sustained. You’ll also want to obtain any possible video footage of the accident and the surrounding location.
Once you’ve done that, you’ll want to exchange your information with the other parties involved. This means exchanging your full name, contact details, driver’s license number, license plate number, vehicle registration, insurance company, and policy number. However, if the other driver involved in the accident is uncooperative, law enforcement will have to handle the situation.
At the same time, you can also collect witness statements, as there may be bystanders who saw the accident happen, and can therefore provide you with valuable testimony. Ask for their names and contact information, as third party neutral accounts helped clarify fault and injury cases. When all has been said and done, you’ll also want to ask for the official police report, as well as the officer’s badge number, name, and case reference number. Remember, the police report is an essential piece of evidence that you’ll need if you plan on winning a personal injury case.
Seek Medical Treatment and Document Injuries
Even if you don’t feel injured in the moment, you’ll want to seek medical attention right away. There are some injuries, such as internal bleeding and whiplash, that do not present themselves right away, but can worsen over time and lead to more serious issues. Therefore, get medical attention no matter what, and afterwards, following up with your doctor and following their treatment plan is crucial. If you ignore prescribed care or do not attend medical appointments, it may weaken your insurance claim. On that note, you’ll also want to keep a personal injury journal including any emotional distress, mobility issues, and pain levels involved just to have an extra resource.
Notify Your Insurance Company
The next step here is to notify your insurance provider as soon as possible. You’ll want to provide the basic facts and avoid admitting fault at all costs. Remember, liability has likely not yet been officially determined, so you don’t want to say anything that may jeopardize your standing. This means that you want to be cautious when speaking with insurance adjusters, as their main goal is always to minimize payouts.
Do not provide any recorded statements or accept a quick settlement before you know the full extent of your damages and injuries. You’ll then want to check your motorcycle insurance policy for coverage details, including any information about uninsured motorist coverage and personal injury protection.
Consult a Motorcycle Accident Lawyer
Next, you’ll need to consult a motorcycle accident lawyer. If you have severe injuries, liability is contested or unclear, or if the insurance company disputes your claim, you’ll want to contact an attorney for assistance as soon as possible. The simple fact is that a motorcycle accident lawyer can help you investigate the crash, gather evidence, and negotiate with the insurance companies.
Furthermore, if they’re unable to reach a fair settlement, they can then file a personal injury lawsuit for you. Remember, a lot of motorcycle accident lawyers work on a contingency basis, which means that you only pay if they win your case.
Understanding Your Legal Rights and Compensation
When you’ve been in a motorcycle accident, you need to understand the types of compensation that are available. The types of compensation available to you include medical expenses, diminished earning capacity, lost wages, pain and suffering damages, and any property damage repairs or replacement.
With that being said, keep in mind that there is a statute of limitations for filing motorcycle accident claims, and this depends on the exact state that you live in, so be sure to act right away.
Fight for your rights after your accident
The bottom line is that after you’ve had a motorcycle accident, you need to seek medical attention, call the authorities, gather any necessary evidence, and hire a personal injury lawyer. If fault is disputed, a personal injury lawyer will be able to help you gather evidence, find a fair settlement, and if need be, file a personal injury case.
