4 Key Steps Every Motorcyclist Must Take When Involved in an Accident
People who love motorcycles understand the risks involved in riding their bikes on the open road. Motorcycles are less visible and less stable than cars, and they're unlikely to protect you from physical harm in the event of a crash.
In 2014, deaths of people riding on motorcycles were 27 times higher than deaths of those riding in cars. Many of these motorcycle riders' deaths were due to negligence on the part of vehicle drivers.
If you or someone close to you has been seriously injured in a motorcycle accident due to the negligence of another driver, you should know that key actions you take immediately after the accident affect your ability to recover damages.
The very first thing you must do after a motorcycle accident is seek immediate medical attention for yourself or the injured person. After that step is handled, protect yourself by following the additional four steps below.
Preserve Evidence Even If It Hurts
Your motorcycle may be your ride to work and activities, but it's also an important source of evidence. If you rush to have repairs made or trade your bike to the insurance company (who will probably scrap it) for a check, you may be destroying key evidence that proves who was at fault in your accident.
If you're seriously injured in the motorcycle accident and expect your injuries to severely impact your economic and physical well-being far into the future, you need to be compensated for future medical and living costs. Destroying or repairing your bike now could erase the only clear evidence that proves you deserve compensation for damages and expenses.
Provide the court with further proof by taking plenty of photographs and videos of the accident's aftermath. Digital cameras are relatively inexpensive and provide clear evidence of wounds, hospital stays, and motorcycle damage.
Compile a complete folder containing shots of your bike (adding "before" pictures whenever possible) and another folder documenting your injuries. A third folder should contain photographs and other evidence from the scene of the accident.
Don't Say or Sign Anything Without Legal Counsel
Insurance companies like to work fast after one of their insured drivers is involved in an accident. Insurance companies want a quick, painless settlement that absolves them of all future responsibility to you.
Insurance adjusters often prey on motorcycle-accident victims when they're at their lowest point. Adjusters offer settlement checks at the same time victims are worried about paying bills and the loss of present and future work. Insurance companies may also trick you into signing medical release forms that allow them to access too much of your personal medical information.
Speak to a personal injury attorney before making any statements to an insurance claims representative. Sign no forms, releases, or settlement agreements from an insurance adjustor or representative until after you've talked to a lawyer. If you sign away your rights and your personal information, you can't undo it. Avoid regret by letting an attorney handle eager insurance companies for you.
Provide Proof That You're a Safe Driver
If you expect compensation for your injuries from a motorcycle accident, you increase the sympathy of juries and judges when you can prove you were a safe motorcycle enthusiast at the time of your accident. If you have a clean motorcycling record, that means a lot to the court.
While Pennsylvania has an optional helmet law for people who meet certain criteria, you can help your case by wearing a helmet whenever you ride. If you're wearing a helmet at the time of your accident, your actions will show you care about safety.
Helmets don't protect you from all harm, but some juries and judges may stigmatize riders who don't routinely wear them. Use additional protective gear, including shatterproof eye wear and road rash–resistant motorcycle apparel, and you show that you've gone the extra mile to be safe on the road.
It also helps if you can prove you've taken lessons and safety courses. If you've successfully completed the Pennsylvania Department of Transportation Motorcycle Safety Program course or courses, you will show a willingness to take road safety seriously. Completion of other safety and rider-skills classes should also be noted.
Hire an Experienced Motorcycle-Accident Attorney
After your accident, you need a personal injury attorney who understands the nuances in a motorcycle crash that aren't part of a standard vehicle crash. A competent motorcycle-accident attorney will know which experts to hire if there are questions about who is at fault.
Private investigators find out the truth about the defendants in your case. Accident deconstructionists take a fresh look at your wreck and the evidence on the scene to show the most likely scenario that occurred. A personal injury attorney who's experienced with motorcycle accidents knows how to source these experts to prove your claim.
Many factors are involved in reaching a compensatory amount after your motorcycle accident. Attorneys know how to negotiate, or, if necessary, bring all of these factors in front of the court to get you the most complete award possible.
If you or a loved one has been involved in a motorcycle accident, contact Clearfield & Associates today. When you have a real case, you need a real attorney.