Motorcycle accidents can be life-altering events, often resulting in significant physical, emotional, and financial burdens. For victims, the steps taken after an accident are vital to protecting their health, rights, and ability to seek compensation.
Still, you may not know what to do or where to turn after a motorcycle crash. You should not wait to speak with a qualified attorney if you’re involved in a motorcycle accident. A motorcycle accident lawyer can help safeguard your rights and guide you through the process to get you the necessary justice and compensation.
Understanding Motorcycle Accidents
There are many details to consider after a motorcycle crash, including what caused the accident, who is responsible for the collision, and the severity of injuries. These and other factors can dictate how you pursue compensation and the outcome of your claim.
How Do Motorcycle Accidents Happen Most Often?
Motorcycle accidents are often caused by a combination of factors, many of which are preventable. Some of the most common causes of these crashes include:
- Driver negligence: Drivers are often the cause of motorcycle accidents. They regularly engage in dangerous and negligent behaviors, such as distracted driving, failure to yield, speeding, and impaired driving, which all increase the chances of collisions with motorcycles.
- Poor road conditions: Lack of proper maintenance and repairs can affect the condition of roads, making it harder for motorcyclists to safely maneuver through streets. Potholes, uneven pavement, and debris on the road are just some of the common conditions that contribute to accidents.
- Weather: Inclement weather, including rain, fog, and snow, can reduce visibility and traction for motorcyclists. Additionally, when surrounding drivers do not modify their driving to accommodate weather conditions, they can put motorcyclists at greater risk.
- Mechanical issues: Defects and malfunctions, especially those affecting brakes, steering, and tires, can arise suddenly, making it challenging for motorcycle riders to maintain control over their bikes.
Understanding the events leading up to a crash is essential, as this can help determine the cause of the accident. Figuring out what caused a motorcycle crash is vital to a case, especially regarding establishing liability.
Common Injuries Caused by Motorcycle Crashes
Motorcyclists involved in collisions often suffer severe, life-changing injuries. Motorcycle riders lack the protective shell that cars provide, leaving them highly vulnerable in crashes. The most common injuries motorcyclists sustain include:
- Head and brain injuries: Traumatic brain injuries can affect the brain’s function, resulting in long-term cognitive and physical impairments. Even with helmets, riders may sustain injuries to the scalp, skull, and brain.
- Spinal cord injuries: The spinal cord is one of the most important parts of the body. Injuries to the spine can lead to numerous issues, including partial or complete paralysis.
- Broken bones: Motorcycle riders regularly end up with broken bones due to the force of the impact, with the arms, legs, ribs, and pelvis being the most affected.
- Road rash: Road rash typically results from the friction between exposed skin and pavement. Severe skin abrasions can result in infections and permanent scarring.
- Crush injuries: Motorcycle riders are often pinned under their bike or a vehicle, causing crush injuries. When this happens, the pressure can result in bleeding, nerve injuries, and open wounds, and in more serious cases, it can lead to amputations.
- Internal injuries: The force of the collision can cause damage to internal organs or internal bleeding. These injuries may not be immediately apparent but can be life-threatening, especially if not treated promptly.
Motorcycle riders often have long and difficult roads to recovery, and some cannot ever fully recover. Extensive medical treatment prompts the need for financial recovery, making it important to take action and pursue compensation as quickly as possible after a crash.
Liability for Motorcycle Accidents
Determining liability is key to recovering adequate compensation. Certain parties may be responsible for causing motorcycle accidents, including:
- Other drivers: If a driver’s negligence caused the crash, they can be held liable.
- Employers: When a driver causes your accident and they were working at the time, for example, a delivery driver, their employer could be held vicariously liable for the wrongdoing of their employee.
- Government entities: If hazardous road conditions contribute to the accident, the governmental entity responsible for road maintenance and repairs can be at fault. Cases involving the government can be tricky, so if this is your situation, it is critical to have legal representation.
- Motorcycle and auto manufacturers: Defective or malfunctioning parts or vehicles can lead to product liability claims, which can hold manufacturers, designers, retailers, and distributors liable.
Liability can lie with one party alone, but in some cases, multiple parties may be at fault. Establishing liability helps ensure the right parties are held accountable for their wrongdoing, and you secure proper compensation for your injuries and losses.
What To Do Following a Motorcycle Accident
While actions at the scene — such as calling the police, seeking emergency medical attention, and gathering evidence — are vital, the steps you take in the days and weeks after your crash can significantly impact your recovery and any legal claims you pursue.
Seek Comprehensive Medical Treatment
Even if you feel fine immediately after the crash, schedule a thorough medical examination. Some injuries, such as internal bleeding or TBIs, may not show symptoms right away.
Your medical records play a significant role, and everything, including doctor’s visits, prescriptions, and recommendations, is documented. Follow all treatment plans and attend follow-up appointments to document your recovery and strengthen your medical evidence.
Document the Accident and Your Injuries
After a motorcycle accident, you should aim to document as much as you can regarding your injuries and financial burdens. Consider the following:
- Keeping records: Save medical bills, repair estimates, and receipts for all out-of-pocket expenses.
- Taking photographs: Take pictures of your injuries as they heal and any damage to your motorcycle and gear.
- Starting a diary: Maintain a journal detailing your pain levels, emotional state, and any limitations caused by the accident.
While this may seem unnecessary or excessive, these details can assist when building your case. The more evidence and documentation you have, the better.
Notify Your Insurance Company
You should notify your insurance company about your accident as soon as possible. Inform them of what’s occurred, but be cautious when speaking to adjusters. Stick to the facts and avoid admitting fault or downplaying your injuries, as this can have a negative impact on your claim.
Avoid Speaking to Other Insurance Companies
When you file an insurance claim with the at-fault driver’s insurance, it is not uncommon for the company to reach out at some point. They may ask you for a recorded statement so you can retell your version of events. While this may seem innocent, they are fishing for something they can use against you.
If the at-fault party’s insurance contacts you, it is best to avoid speaking to them. Kindly decline any request they may have, and inform them you either have an attorney or will be seeking legal counsel. Once you have an attorney, your lawyer can deal with the insurance company, so you don’t have to.
Follow Up on the Police Report
When you contact law enforcement after a motorcycle accident, they will be dispatched to the scene. They will gather details about the crash at the scene, which they later put into a police report. Police reports often play a key role in accident cases, as they provide key information and can help establish cause and liability.
Follow up with the responsible law enforcement agency, and when your report is ready, obtain a copy. Should you have any issues obtaining a copy, your lawyer can assist.
Stay Off Social Media
When something significant occurs, like an accident, it’s common to want to post about it on social media for your close family and friends to see. Still, it is best to refrain from posting for a while after your crash.
Insurance companies investigate claimants, trying to look for anything they can use to disprove your claims and discredit you. Whatever you post may be used against you, severely impacting your claim and ability to obtain fair financial recovery.
Consult with a Motorcycle Accident Lawyer
One of the most important steps you can take after a motorcycle crash is to consult with a personal injury attorney. A lawyer can provide much-needed care and support as they investigate your situation and determine the best course of action. A lawyer can provide personalized guidance throughout the process.
The Advantages of Hiring a Motorcycle Accident Attorney for Your Case
The often complicated nature of motorcycle accident cases makes legal representation essential. Hiring a motorcycle accident lawyer can be particularly advantageous for many reasons, including:
Understanding Legal Rights and Options
An attorney can explain your rights, assess the strength of your case, and determine the compensation you may be entitled to, including medical expenses, lost earnings, pain and suffering, and property damage. A lawyer can help eliminate any confusion and concern you may have about your case and help you feel more confident as you proceed with your claim.
Handling Insurance Companies
Dealing with insurance companies is not easy. Insurance adjusters are known to try to minimize payouts whenever possible. An attorney can negotiate on your behalf, counter lowball offers with strong evidence, and protect you from tactics designed to devalue your claim.
When you have a lawyer on your side, the insurance company is much less likely to be able to take advantage of you in any way.
Investigating the Accident
Lawyers know how to investigate accidents thoroughly by reviewing police reports, analyzing photos, videos, and medical records, and consulting with experts when needed. A thorough investigation can help your attorney better understand your situation and build a strong case on your behalf.
Proving Liability
Establishing fault is often challenging, especially in cases involving multiple parties. Attorneys gather and present evidence to use against liable parties, getting you one step closer to securing favorable compensation.
Maximizing Financial Recovery
Experienced attorneys know how to calculate your claim’s full value, considering current and future expenses, including long-term care and lost earning potential. A lawyer can review the factors that most impact your claim, such as the severity of your injuries and the cost of your medical treatment, to ensure your damages are properly calculated and established.
Litigation Support
Settling your claim is the goal. However, if a fair settlement cannot be reached, your attorney will represent you in court if need be, using their experience to advocate for your best interests before a judge or jury.
Peace of Mind
Navigating the aftermath of a motorcycle accident is stressful and overwhelming. Having an experienced attorney handle the legal aspects of your case allows you to focus on your recovery and moving on with your life.
Time Limits for Motorcycle Accident Cases
If you’re harmed in a motorcycle crash, it is essential to not allow too much time to lapse before hiring legal representation and getting started on your claim. Every state has a statute of limitations for motorcycle accident cases, which limits the time you have to file a lawsuit.
Depending on your state’s laws, you may only have as little as two or three years to file your claim. Although this may seem like sufficient time, there are usually many steps that come before filing a claim. For this reason, it is critical to get started on your claim right away.
The longer you wait, the less time your attorney has to work on your claim. When you hire a lawyer, they can begin working on your case right away, giving them adequate time to properly handle your case.
If You’re Involved in a Motorcycle Crash, an Experienced Attorney Can Provide Clarity and Guidance
Recovering from a motorcycle accident is a challenging process, but you don’t have to face it alone. An experienced motorcycle accident attorney can make all the difference, guiding you through the complexities of your case and fighting for the compensation you deserve.
Do not wait to take action if you’ve been involved in a motorcycle crash. Consult with a personal injury attorney as soon as possible to protect your rights and secure your future.