Being involved in an accident of any kind can be frightening and can result in serious injuries. This is often particularly true in the case of motorcycle accidents. Understanding what to do following an accident is crucial for both your safety and the legal implications that follow. Our skilled motorcycle accident attorneys can tell you exactly what you need to do to stay safe and preserve your right to compensation. As with any vehicle accident, the first thing you will want to do is assess your injuries – and those of others involved – and seek medical attention if needed.
In the immediate aftermath of a motorcycle accident, the scene may be chaotic and stressful. If you are physically able to, it is important that you know what steps to take right after an accident is critical to protecting your health, preserving important evidence, and securing your legal rights. Here’s what we recommend you do.
Even if no one appears to need medical attention, it is still important that you report the accident to the police. A police report can help clarify fault and serve as key evidence in insurance claims or legal proceedings.
Avoid engaging with the other driver. Discussions that seem innocent – like an apology – could be interpreted as admitting fault, which can complicate matters later. Stick to providing details to the police when they arrive. Officers are trained to assess the scene, collect statements, and document what happened. Let them determine how the accident occurred to avoid misunderstandings or misstatements.
Once everyone is safe and authorities are on the way, it is appropriate to exchange insurance and contact information with the other driver. Do not discuss the accident itself or make any statements about who was at fault. Even if the other driver’s vehicle insurance covers damages to your motorcycle, it may not cover everything you’re entitled to, like the cost of medical expenses or lost wages if you’re injured and unable to work for a period of time. This is why it can be helpful to seek legal assistance.
Use your cellphone to document the scene in detail. Take photos or videos of the motorcycle, all vehicles involved, license plates, skid marks, traffic signs, weather or road conditions, and any visible injuries. This evidence can help support your version of events and may become essential during insurance claims or legal disputes.
Even if you feel fine, get checked out by a medical professional. Motorcycle accidents often involve high-impact trauma, and injuries like internal bleeding, concussions, whiplash, or spinal cord damage may not be immediately apparent. Early diagnosis is not only crucial for your recovery but also links your injuries to the accident through a medical record.
Dealing with the aftermath of a motorcycle accident can be especially complex. Insurance companies often try to minimize payouts, and you may be entitled to more than just bike repairs. Common compensation includes medical bills, lost wages, and pain and suffering. A personal injury attorney can help protect your rights, evaluate your case, and guide you through the claims process.
One factor that is specific to motorcycle accidents is helmets. In many states, motorcyclists are legally required to wear a helmet while riding. But if you weren’t wearing one, you may still be entitled to damages. There is a legal concept known as “comparative negligence,” which means that even if both parties are partially at fault, the party most at fault will be ordered to pay damages. In other words, if the driver of the other vehicle is deemed to be more at fault than the motorcyclist, damages will likely still be paid, though the amount may be less if the motorcyclist’s failure to wear a helmet, in part, contributed to his or her injuries.
If you were involved in an accident and would like legal advice, feel free to contact our team of attorneys anytime. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.
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Jan Dils, Attorneys at Law
