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Legal Steps to Protect Yourself After a Motorcycle Accident

Been in a motorcycle accident? You’re not alone.

Thousands of motorcyclists annually face life-changing consequences due to crash incidents. Recovering from an accident requires both physical healing and legal protection.

The choices you make right after your accident throughout the following days and weeks will significantly affect your chances to recover damages. If you fail to employ the correct approach you may find yourself responsible for escalating medical costs and wage losses without help.

This guide provides a set of essential steps motorcyclists need to follow after an accident to secure their legal rights and ensure financial stability.

What You Need to Know:

  1. Immediate Steps After a Motorcycle Accident
  2. When to Contact a Motorcycle Accident Lawyer
  3. Gathering Critical Evidence
  4. Dealing with Insurance Companies
  5. Understanding Compensation Options
  6. Common Mistakes to Avoid

Immediate Steps After a Motorcycle Accident

Motorcycle crashes create immediate chaos and confusion for those involved. Adrenaline surges through your body after a crash which might prevent you from realizing the severity of your injuries immediately. Here’s what you need to do:

Get to Safety and Check for Injuries

Your safety comes first. To avoid additional risks, move yourself and your motorcycle out of traffic when possible. Then check yourself and others for injuries.

Even though you might feel normal after an accident, serious injuries could remain hidden for some time. Delayed symptoms can occur after traumatic brain injuries as well as internal bleeding and spinal cord damage.

Call the Police

It is essential to contact 911 following any motorcycle accident since injuries may develop later. Police reports act as formal records of the accident and become essential for insurance claims and future legal actions.

When the police arrive:

  • Provide clear, factual information
  • Do not say anything that might be seen as accepting liability.
  • Inquire about the process to acquire the accident report.

Seek Medical Attention

This step is absolutely non-negotiable. Any injury from an accident requires medical evaluation from professionals immediately the same day if possible.

Why? Because:

  • Some injuries aren’t immediately obvious
  • Your doctor’s notes establish the connection between your injuries and the accident.
  • If you wait too long to receive treatment, insurance companies may use that delay to reject your claim.

Motorcycle riders endure significantly greater dangers compared to other vehicle drivers. The stakes become significantly higher for motorcyclists during accidents because their death rate stands at 1.26 fatalities per 100 million vehicle miles traveled compared to passenger vehicles. Consulting with a motorcycle accident lawyer can help you navigate these complex legal challenges.

Exchange Information

Exchange information with the other driver(s) while you wait for police to arrive.

  • Names and contact information
  • Insurance details
  • License plate numbers
  • Driver’s license information

Collect contact details from any witnesses present at the scene. Their testimony could be invaluable later.

When to Contact a Motorcycle Accident Lawyer

Your first concern after an accident should be your medical care, followed by contacting a motorcycle accident lawyer.

Why You Need Legal Representation

The statistics paint a clear picture: motorcyclists are uniquely vulnerable on the road. Motorcycles constitute just 3% of registered vehicles but represent 15.72% of all fatal motor vehicle accidents.

People who experience motorcycle accidents must battle both for financial restitution and against a system that tends to disadvantage them. Insurance firms understand that juries often display prejudice towards motorcycle riders and they employ this knowledge strategically.

A motorcycle accident attorney knows the particular challenges they face in these cases and how to address them effectively.

When to Make the Call

Ideally, you should contact a lawyer:

  • It’s best to contact a lawyer prior to any discussions with the insurance company of the other driver.
  • Before accepting any settlement offers
  • Within the first week after your accident

Motorcycle accident attorneys provide complimentary consultations which allow clients to obtain expert advice without financial commitments from the start.

Gathering Critical Evidence

The quality of evidence collected determines how much fair compensation you can recover. Here’s what you need to preserve:

Document the Accident Scene

If you’re physically able, take photos of:

  • All vehicles involved and their damage
  • Your injuries
  • The entire accident scene, including road conditions
  • Traffic signals or signs
  • Weather conditions
  • Skid marks or debris

New statistics reveal that 74% of all fatal motorcycle crashes happen in urban areas. The majority of accidents occur in locations where surveillance cameras exist along with businesses recording security footage and multiple people to witness the events.

Preserve Your Gear and Motorcycle

Never make repairs to your motorcycle or throw away damaged riding gear. These items can provide crucial evidence about:

  • The angle and force of impact
  • Whether safety equipment functioned properly
  • There could be manufacturing defects present which played a role in the accident.

Securely store your motorcycle at a location where it won’t undergo changes until your attorney performs an examination.

Maintain a Recovery Journal

Start a detailed journal documenting:

  • Daily pain levels and symptoms
  • Medical appointments and treatments
  • How your injuries affect your daily life
  • Emotional and psychological impacts

The journal you maintain can function as compelling proof in court for non-economic damages related to pain and suffering.

Dealing with Insurance Companies

Many motorcyclists encounter expensive errors at this stage.

Your Insurance Company

Immediately reach out to your insurance company to report the accident. When speaking with your insurance company, give factual information about the accident but refrain from discussing fault determination, minimizing your injuries or recording statements without consulting legal representation.

The Other Driver’s Insurance

Exercise extreme care when interacting with the other driver’s insurance company representatives. The representatives from the other driver’s insurance company may appear friendly but their primary objective is to safeguard their company’s financial interests.

Always consult with a lawyer before agreeing to quick settlement offers, signing any documents, giving recorded statements or giving permission to access your medical records.

Since 2015 traffic crashes have killed more than 5,000 motorcyclists each year which makes insurance companies fully aware of their potential liability in these situations.

Understanding Compensation Options

After a motorcycle accident you can recover numerous assets which most riders fail to recognize. Much more than many riders realize.

Economic Damages

The tangible financial losses incurred include medical bills, lost wages, property damage and rehabilitation costs. Document each cost that your accident generates.

Non-Economic Damages

Non-economic damages provide compensation for intangible losses such as pain and suffering along with emotional distress and diminished quality of life.

The occurrence time of an accident can affect the outcome of your legal case. The average weekday sees 666.4 fatal motorcycle accidents while weekends experience a higher number at 1,413 fatal incidents.

Common Mistakes to Avoid

Riders who usually take precautions may still make errors following an accident that hurt their legal rights.

Downplaying Your Injuries

Many motorcyclists pride themselves on being tough. When you minimize your injuries during medical examinations or interactions with insurance adjusters or on social media platforms you risk majorly undermining your legal case.

Posting on Social Media

Insurance investigators routinely check social media accounts. Social media posts where you appear active can serve as evidence to dispute the seriousness of your injuries.

Accepting Early Settlement Offers

Insurance companies frequently present quick initial settlement offers that fall short because you have not yet determined the full scope of your injuries or recognized the full value of your claim.

Road to Recovery

The recovery process after a motorcycle accident becomes significantly more manageable when you follow appropriate legal procedures.

When you collect the right evidence and team up with a veteran motorcycle accident lawyer while steering clear of common mistakes, you maximize your chances for receiving deserved compensation.

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