Injured in a Motorcycle Accident? Here’s Exactly What to Do Next
Getting hurt in a motorcycle accident can be one of the most painful and shocking experiences of your life. Since riders lack the protection of an enclosed vehicle, serious injuries are common even at low speeds. In the U.S., motorcycle accidents account for around 15% of all traffic fatalities despite motorcycles making up only 3% of registered vehicles.
After an injury accident, the steps you take will impact your recovery, insurance premiums, and legal rights if you choose to pursue compensation.
Here’s what you need to know about your next moves.
1. Get medical help from a licensed medical professional
Make your first priority your physical wellbeing. Even if your injury doesn’t seem serious or life-threatening, see a doctor right away. There are two reasons not to hesitate on this point. The first is that you can’t always tell if you have internal bleeding, soft tissue damage, or a concussion. These injuries will get worse over time if left untreated.
Adrenaline and shock can mask serious injuries. When you get evaluated right away, you’re more likely to get treated for hidden injuries.
The other reason to seek medical care right away is because if you file an insurance claim or lawsuit, your ability to recover compensation will depend on your medical documentation. If you wait too long to see a doctor or don’t go at all, you’ll have a hard time proving your case.
2. Contact a personal injury lawyer
An experienced motorcycle accident lawyer will build your case by preserving evidence early, advise you on what to say to insurers (and what not to say), and negotiate a fair settlement on your behalf so you don’t get cheated by the insurance adjuster. Waiting to talk to an attorney can allow critical evidence to disappear.
Accident cases can become complex and you need a professional strategy to win. Even if you’re only dealing with insurance, you can’t just represent yourself and expect your injuries to speak for themselves, especially if you’re partially at fault for the accident under comparative negligence laws. The best person to build your case is an experienced attorney.
3. Report the crash to law enforcement
In most states, all accidents involving an injury must be reported to the police. Don’t hesitate to call. Even if you think you’re fine, the police will come out and create an incident report that captures details about the crash that you might not even notice. This report will become a critical part of your case when you pursue compensation.
When reporting the situation, stick to the facts and don’t relay emotional or speculative commentary. Communicate what happened, where, who was involved, and what you saw. Avoid guessing who was at fault and don’t admit fault. When the officer is done documenting the scene, ask them who you can call to get a copy of the police report. They won’t likely have the report number until they enter it into the system.
4. Gather evidence at the scene
Evidence can disappear fast. For example, cities can trim bushes that obstruct stop signs and debris in the road can be picked up by garbage crews. As soon as possible, take photos to document damage to all vehicles and bikes involved, skid marks, road conditions, traffic signals, debris, and your injuries. Detailed photos and video will provide context that can’t be discerned from words.
5. Notify your insurance company
Insurance policies usually require you to notify them when you’ve been involved in an accident but you need to be careful about what you say. It’s a good idea to talk to a lawyer first and then write down what you plan to say so you don’t stray. When talking to your insurer, don’t speculate about fault or downplay your injuries. Keep your statements factual and concise. If you downplay your injuries, even by saying you feel “fine,” they might use that to reduce your compensation.
6. Track your medical treatment and expenses
Keep a log of all your medical appointments, follow-ups, tests, prescriptions, and visits to specialists. Don’t skip any of your appointments because insurance companies are known to reduce compensation by arguing that the severity of your injury has diminished.
In addition to maintaining documentation, keep a daily journal to document pain levels, mobility limitations, and how your injury affects your daily life.
Your recovery depends on your prompt action
Insurance companies are known for minimizing payouts, but acting fast to get medical care, document the accident, and find a qualified lawyer is the best way to get fair compensation.
