Motorcyclists face unique risks on the road, and when an accident happens, the consequences can often be severe. If the accident was someone else’s fault, you may be entitled to compensation for the damage they’ve caused. However, seeking compensation (and ensuring your own safety) after a motorcycle accident requires an understanding of what to do in the aftermath of a crash and the unique legal challenges motorcyclists face.
Step 1: Prioritize Your Safety and Seek Medical Attention
Motorcyclists are more exposed and less visible than drivers in cars or trucks. An accident doesn’t need to be high-speed or high-impact for serious injuries to occur. That’s why it’s crucial to consider your own safety before anything else if you’re hit while riding.
The shock and adrenaline of the accident can mask symptoms of serious injuries, and some injuries don’t reveal themselves for days or even weeks after they occur. Seek medical attention as soon as possible, even if you seem unharmed. Not only will this ensure your safety, but it will create a crucial piece of documentation to prove the nature and severity of your injuries.
Step 2: Contact the Police
Always call the police after a motorcycle accident. It’s not only required by law but also another vital piece of the motorcycle accident claim puzzle. The accident report the responding officer creates will offer official documentation containing key details, accident diagrams, statements from involved parties and witnesses, notes on weather and road conditions, and an initial fault assessment.
When speaking with law enforcement, honesty is essential. Describe the accident as it happened, but never admit fault. Fault is almost always more complex than you initially perceive it to be, and you may have your inaccurate words used against you when seeking compensation.
Step 3: Document the Accident Scene
The success of your motorcycle accident claim will hinge mainly on the quality of evidence you can provide. Actual documentation from the accident scene can provide some of the best possible evidence, so be sure to do the following if you’re capable:
- Take Pictures and Videos: Document vehicle damage, accident debris, skid marks, weather and road conditions, traffic signs and signals, any visible injuries, and other conditions that may have contributed to the accident.
- Collect Information: Gather all involved parties’ contact information, driver’s license numbers, and insurance details.
- Talk to Witnesses: Third-party testimony can offer a credible, unbiased perspective that can support your claim. If there were any witnesses, get their contact information.
Step 4: Speak with Your Insurance Company (but Nobody Else’s)
Your auto insurance policy likely requires you to report the accident to your insurer as soon as possible. When you speak with them, be honest, but do not apologize or admit fault. Let an in-depth investigation determine who was responsible.
Insurance companies representing other involved parties may contact you to take unnecessary recorded statements, offer quick but unfavorable settlements, or request information you have no obligation to provide. These are all ploys to weaken your claim and minimize your payout. Do not speak with them before speaking to an attorney.
Step 5: Contact a Motorcycle Accident Attorney Right Away
Motorcycle accident claims are complex, and taking one on independently can be overwhelming. An experienced motorcycle accident attorney can lead you through every step of this complicated legal process and help you avoid critical errors along the way. Your attorney will review your case for free, investigate the accident, gather evidence, negotiate with insurance, and represent you in court if necessary while you focus on healing.
It’s also important to note that motorcyclists often face an unfair bias in the eyes of insurance adjusters, judges, and juries due to the perceived elevated risk associated with riding. On top of this, motorcycle injuries are often more severe, so these cases tend to face even more challenges than some other motor vehicle claims. Enlisting the help of an experienced personal injury attorney is essential.
Contact Sherman Law Firm Today
If you’ve suffered injuries in a motorcycle accident caused by someone else’s negligence or misconduct, the team at Sherman Law Firm will fight to protect your rights. We’re dedicated to seeking justice and fair compensation on behalf of our injured Texas clients. Contact us today for your consultation.