The US Department of Transportation’s National Highway Traffic Safety Administration asserts that motorcyclists account for around 5% of the drivers on the road. However, accident data from 2017 shows that car accidents are fatal 27 times more often if the collision involves a motorcyclist. If you’ve been involved in a vehicular accident involving a motorcycle, you should know your rights and the proper steps to take.

One of the most important things to remember is that you need legal representation every step of the way in the aftermath of a motorcycle accident, especially if it resulted in injuries. If you are an avid rider, you should have the number of an experienced motorcycle accident lawyer to call as soon as possible after your accident. Once you explain the details of your accident to your attorney, they will tell you which pieces of evidence you need to prove your case.

Let’s hope you don’t ever get into a motorcycle crash, but if you do, here is how your motorcycle case will work from start to finish.

Move to a Safe Area

When the accident happens, you’re likely to be in a state of shock. If you can, you should move to a safe area, out of the flow of traffic. Check to see if you have sustained any injuries, and try to help others who are hurt if you can do so safely.

Do your best to stay calm no matter who is at fault for the accident. Don’t ever admit fault at the accident scene, even if you think you may have made a mistake that caused or worsened the accident. Anything you say may be used against you if the case goes to trial.

Call your attorney if you are capable and let them do the talking. You might minimize your chances of getting compensation even if you apologize to the other people involved in the accident, even if you are not at fault for the crash.

Don’t Remove Your Protective Gear

Motorcycle accidents can cause severe physical injuries even if you don’t feel the pain from the injuries immediately. Your body will probably be in shock after the wreck, and your nerves will be numb, so you may not feel pain until a day or two after the accident. Make sure you keep all the gear you were wearing at the time of the collision to prevent making your injuries worse.

Call 911

Report your accident to the local police department and paramedics as soon as it is safe to do so. Don’t leave the scene of the accident until they arrive. Do your best not to talk about the accident with other involved drivers since they may try to use what you say as evidence that the accident was your fault. When the paramedics and police arrive, they will evaluate the scene to investigate the cause of the accident, fill out an accident report, and direct traffic if necessary. The paramedics will treat your injuries and transport you to the local hospital.

Your attorney will make sure they get a copy of the police report and interview witnesses. In some cases, while preparing your case, your lawyer will hire an expert accident reconstruction forensic engineer to further build arguments in your favor.

Seek Medical Attention

You should also seek treatment at a medical facility after an accident, even if you don’t think you’ve been hurt. The seriousness of your injuries may not be evident right away, and you may have suffered internal damage that could become apparent days or weeks after the wreck. See a doctor as soon as you can, and if it is discovered that you need ongoing treatment, you’ll have proof that the accident caused or worsened your injuries.

Again, your attorney will get a copy of your medical records and even hire doctors to offer a second opinion. All these documents will strengthen your position in a settlement negotiation or a trial.

Document All Information

No matter who caused the accident or how the accident happened, you should collect all the details about the wreck. Do this as soon as you can, when the details are still fresh on your mind.

• Get the names and contact information for everyone involved in the accident and try to get contact details for any accident witnesses.
• Take pictures of the accident scene and include all motorcycles and vehicles involved in the accident. Be sure to take pictures of any property that was damaged as well.
• Write down all the details you can recall about the accident and contact the local police department to get a copy of the police report.

This evidence is vital, especially if your accident case ends up going to trial.

If the details of your accident are convoluted or your health status shows complications, your law firm will use an investigator to collect more evidence and information.

Armed with witnesses, documents, and expert witnesses, your attorney will have a solid foundation to claim compensation for your injuries, pain, and suffering, loss of income, etc.

Filing the Claim

You should also have legal representation when you negotiate with insurance companies so you can receive the settlement you’re entitled to. Getting into an accident can be a stressful and devastating experience, so having the right lawyer on your side is important when it comes to resolving your case and receiving fair compensation for injuries and other damages.

Author

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.