5 Critical Steps to Take After a Motorcycle Accident

After a motorcycle accident, the steps you take start a chain reaction. One event leads to another until the final outcome. A favorable result often depends on decisions you make along the way.

Insurance adjusters could capitalize on errors, invalidating or minimizing a motorcycle accident victim’s compensation. If your accident case goes to court, your actions after the accident will be scrutinized. Yet, how can you know the right moves to make?

The personal injury lawyers of Minton Law want to maximize your payout and ensure you get justice. Learn five essential steps to position yourself for the best outcome if you get into a motorcycle crash. 

Step 1: Prioritizing Safety After at the Motorcycle Accident Scene

Avoid further accidents and ensure safety after a motor vehicle accident with these tips:

1. Exercise caution when dismounting since you might be disoriented or more injured than you realize
2. Evaluate yourself and any passengers for injuries
3. Call for immediate medical attention if necessary
4. Ask others to move to safety
5. Move your motorcycle nearby, away from traffic
6. Leaving the scene is illegal in most places, so don’t go too far

If you cannot move one of the vehicles involved in the crash, turn on its hazard lights. If safe to do so, set up reflective triangles or LED safety flares.

The dangers of an accident do not end with the initial injuries. Between 2016 and 2018, an estimated 71,693 people were involved in accidents related to disabled vehicles, such as when a moving vehicle:

• Strikes a stationary vehicle stopped (after initial injuries)
• Strikes pedestrians, such as a motorist who dismounted his or her disabled bike, or;
• Leaves the roadway unnoticed, delaying the arrival of first responders 

States also require those involved in motorcycle crashes to stop and help the other parties. Call 911 to contact emergency responders for serious injuries or fatalities. 

Step 2: Seeking Legal Advice for Motorcycle Accidents

Seeking legal counsel can guide you through the following steps. Experienced personal injury attorneys can explain your rights and legal options. They can also deal with labor-intensive and time-consuming tasks like requesting medical records from your doctor and gathering documentation for insurance claims.

Here are some additional reasons to contact an attorney immediately:

• If you need to go to the emergency room, your lawyer can arrange to collect evidence at the crash scene, interview witnesses, and inform you of your legal rights
• Lawyers familiar with the legal process can attempt to resolve issues with the responsible party; negotiating early can save time and money
• If direct negotiation fails, attorneys could arrange for mediation; a neutral third party could facilitate a resolution without going to court
• A legal team can quickly gather critical evidence and keep documents organized and accessible
• Local lawyers are familiar with the laws and regulations that apply to your situation; they can help you understand your rights, empowering you to seek justice
• Attorneys persistently follow up with insurance companies, ensuring timely claims processing

If you are injured, why not entrust the legal actions related to the crash to competent professionals? Minton Law Firm's phone and chat lines are open 24 hours a day, so feel free to contact us immediately from the scene of the accident.

Step 3: Gathering Evidence and Reporting the Motorcycle Accident

Next, gather evidence to support your insurance claim and legal case. For instance, take photos of property damage, license plates, and anything else associated with the motorcycle accident scene. A comprehensive set of photos and videos can create a clear record, which can be valuable for your case.

You should also take the following precautions:

• Note the time, date, and location of the accident
• Exchange contact information from all parties, including names, phone numbers, and addresses
• Get insurance information with all involved drivers and share yours
• Obtain statements and contact details from witnesses
• Document the weather conditions, road conditions, and any traffic signals or signs
• Take videos of road conditions that photographs don’t capture well and show various angles of the damage (e.g., blowing snow, black ice, skid marks, deployed airbags)

Virtually all states require those involved in the accident to report significant injuries or death to the police. Some states also require reports for motorcycle accidents with damaged vehicles or property if they exceed a set dollar amount. Regardless of local rules, reporting a motorcycle crash to the police and your insurance company is a wise course of action. 

Reporting an accident to your insurance company

As a former adjuster, attorney Justin Minton knows the tricks companies use to minimize their spending on insurance claims. So Minton Law is equipped to combat their techniques, championing the accident victim's best interests.

You can count on our experienced legal team to handle your communications, including reporting your claim. Here are five reasons why it is essential to inform your insurance company of the accident even if you are not at fault:

1. Some policies require you to report all accidents, regardless of fault
2. If you carry personal injury protection (PIP) insurance, your plan covers accidents no matter who caused them; you could be entitled to medical expenses, lost wages, rehabilitation costs, and essential services like childcare or house cleaning
3. You must meet the deadlines set by insurance companies for claims to qualify for compensation
4. Reporting claims creates an official record; in case the other party exaggerates damage to their vehicle or claims injuries that did not occur, the claim adjuster's investigation can provide accurate information to dispute fraudulent statements
5. Some motorcycle accident damages are not immediately apparent; reporting the motorcycle accident ensures your vehicle can be professionally assessed

In essence, notifying your insurance company helps protect your interests and ensures a smoother process for resolving claims.

Filing reports for personal injury lawsuits

The police report provides an official, unbiased account of the accident. This document can help verify the details of your personal injury claim. Without a police report, it can be more challenging to prove fault, thus jeopardizing your right to fair compensation. 

Step 4: Have a Comprehensive Medical Evaluation

Seeking immediate medical attention should be a top priority for injured motorcyclists. Even if you have no visible injuries, internal injuries can become more severe if not treated promptly. For instance, internal bleeding might not cause much pain, but you could lose consciousness and go into organ failure if you don't address it. 

Stress hormones released during a motorcycle accident can mask pain. The onset of symptoms for some conditions like whiplash and neck injuries can be delayed. 

Besides your health, there is another reason to get medical care as soon as possible. If you wait, insurers might claim you must not have had severe injuries. Getting a professional medical examination right away can ensure you get fully reimbursed for your medical bills.

Step 5: Cooperate and Follow Through 

Keep the momentum once you have set the wheels in motion. Keep records of important documents, namely:

• Letters and conversations with your insurance company, including dates, times, and details
• Medical expenses like travel expenses to appointments, medical devices, and prescription drugs
• Missed days of work and lost wages
• Your pain levels related to your motorcycle accident injury 

You should also cooperate if there is a police investigation. At the same time, be cautious when speaking with the police. Avoid making any statements that could be used against you.

Follow the advice given by your doctor following your medical evaluation. For instance, you must attend appointments and pick up your prescriptions. 

Take the Most Important Step Now 

Family, friends, and therapists can help you cope with the emotional trauma of your motorcycle accident. Yet, a personal injury attorney is the most qualified to pursue fair compensation for your injuries and damages. We are like legal first responders, eager to protect motorcyclists from those who want to avoid their rightful liability. 

Navigating the aftermath of a motorcycle accident can be challenging, but following the above advice can give you a head start. Take swift action today to protect your rights and secure your future. 

The attorneys of Minton Law are available to give you the steps to take for your unique circumstances. Would you like personalized guidance from law professionals? Call 855-Xadjuster today to schedule a free consultation with our motorcycle collision team.