Were you recently in a motorcycle accident?
The first few minutes after a crash are hectic, to say the least. You might be injured and in shock, but more importantly you’re going to be confused and unsure of what to do next.
The fact is, the steps you take following a motorcycle crash will have a major impact on your ability to secure compensation and protect your legal rights.
Motorcycle crashes are one of the deadliest threats on the road, with 6,335 motorcyclists killed in traffic crashes in 2023.
So what’s a rider to do?
The good news is that there are steps you can take right after a crash to protect yourself and your rights, both physically and legally.
In this article we’ll cover:
- Important safety steps
- Properly documenting the accident
- Seeking medical attention
- Protecting your legal rights
1. Stay Calm and Check for Injuries
Here’s the thing about accidents that most riders don’t realize…
You’re probably going to be in shock following a crash. Your adrenaline will be flowing and you might not even notice serious injuries immediately.
Take a moment to assess yourself for injuries, even if you think you’re fine.
Look for obvious signs of injury: Are you able to move all your limbs? Do you see any bleeding? Are there any sharp pains?
It’s important to stay calm. Moving around too soon after a crash can make any injuries much worse. If you suspect a neck, back, or head injury, try to stay still and wait for emergency responders.
2. Move to Safety (If Possible)
If you and any passengers are able to move and it’s safe to do so, get yourself and your motorcycle out of traffic.
Secondary accidents are common after motorcycle accidents. Drivers may not see you or your motorcycle blocking a lane.
Move over to the shoulder of the road if you can. Turn on your hazard lights if your motorcycle is operational. But if you suspect serious injuries, don’t move until emergency responders arrive.
3. Call 911 Immediately
You should call 911 immediately following a motorcycle accident, even if it seems minor.
A police report will provide official documentation of the crash and that becomes important evidence for insurance and legal purposes later on.
Tell the operator that a motorcycle accident occurred and give them your location. Be sure to tell them if anyone is injured.
4. Document Everything at the Scene
The single most important thing you can do after ensuring everyone’s safety…
Document the scene of the crash.
Evidence is what makes or breaks your case down the road.
Here’s what you should document:
- Take photos of all vehicles involved from multiple angles.
- Photograph your injuries, the road conditions, and any debris or damage.
- Get contact information for the other driver, passengers, and any witnesses.
- Write down the insurance information and license plate numbers.
- Note the weather conditions and status of traffic signals or signs.
- Record the exact time and location of the accident.
Gather as much evidence as you can. Don’t just take a couple of photos and call it a day.
5. Seek Medical Attention Right Away
Did you know that many serious injuries from motorcycle accidents don’t show symptoms immediately?
Internal bleeding, soft tissue injuries, and fractures may not be immediately apparent.
This is why it’s critical that you go to the doctor after any motorcycle crash – even if you feel fine.
Medical records are critical for two reasons. First, it ensures that hidden injuries are diagnosed before they get worse. Second, they provide proof your injuries were caused by the crash.
If you wait too long to see a doctor, insurance companies will use that against you.
6. Get Legal Representation
Motorcycle accidents are not the same as car accidents.
Motorcycle injuries tend to be more severe, bias against motorcyclists is rampant, and legal issues multiply very quickly.
For this reason it is critical to work with a qualified motorcycle accident lawyer north tampa. An experienced lawyer will understand the unique challenges facing motorcycle accident victims and how to combat insurance company tactics.
What can a motorcycle lawyer do for you?
- Investigate the crash and gather evidence
- Communicate with all insurance carriers
- Calculate the full value of your claim (including future costs)
- Negotiate aggressively with insurers
- File your lawsuit and take your case to trial if necessary
It’s extremely common for accident victims to handle their own claims and settle for far less than they are entitled to receive. Don’t be one of them.
7. Report the Crash to Your Insurance
You will need to notify your insurance company of the crash, but be careful what you say.
Insurance companies are businesses first and foremost, including your own insurance company. The minute they receive notice of your accident, they’ll start looking for reasons to minimize your payout.
Limit your statements to basic facts like time, location, who was involved, and that you are seeking medical treatment. Do not admit fault or speculate about how the crash happened.
Never provide a recorded statement to the other driver’s insurance company without speaking to a lawyer first.
8. Don’t Admit Fault
Don’t admit fault at the scene or to insurance companies.
Don’t say “I’m sorry” or apologize for anything. Insurance companies will take the statement and interpret it in the most negative way possible. Fault for the crash should be determined after evidence is gathered and reviewed, not through an offhand comment made at the scene while you are injured and in shock.
Limit your statements to only factual information.
9. Preserve All Evidence
Physical evidence from the scene of your crash is vital.
Once it’s gone, you can’t get it back.
Preserve all evidence including your motorcycle, helmet, riding gear, medical records, police reports, photos, witness statements, and all insurance correspondence.
Do not get your motorcycle repaired before an inspection. Don’t throw away your damaged riding gear. Keep every receipt.
Your attorney will use this evidence to build your case.
10. Follow Your Doctor’s Orders
The easiest way to torpedo your injury claim? Disobeying your doctor’s orders.
Skipping physical therapy, not going to doctor’s appointments, and getting back on your motorcycle before being cleared will all be used against you.
Insurance companies are looking for any excuse to deny claims or minimize payouts.
Listen to your doctors and do exactly what they tell you to do.
Know Your Rights
The fact is, motorcyclists face significant biases during accident claims.
Motorcycles make up only 3% of registered vehicles in the United States, yet accounted for 14% of traffic fatalities.
Insurance companies will try to pin the blame on you, saying you were speeding or reckless just because you ride a motorcycle.
Evidence is key, as is getting legal representation. You have the right to fair compensation for your medical bills, lost wages, pain and suffering, and motorcycle damage.
Wrapping Up
The immediate steps you take after a crash set the stage for all the subsequent events that follow.
Acting quickly, staying calm, documenting everything, seeking medical care, and retaining legal counsel as soon as possible will protect your health and your legal rights.
Motorcycle accidents can be traumatic events and the injuries they cause are often severe.
Dealing with the legal process that follows can be daunting.
If you’ve been in a motorcycle crash, contact a personal injury lawyer today to help protect your rights and ensure you get the compensation you deserve.
