Navigating the aftermath of a motorcycle accident can be daunting, with the pressure to ensure that the responsible party is held accountable. Because of the unique risks and circumstances surrounding motorcycle accidents, it’s crucial to understand the specific steps to take. Here’s a comprehensive list of 10 vital actions that could help you secure the justice you deserve.
1. Gather Information at the Scene
First and foremost, stay at the scene of the accident. Exchange information with the other persons involved, including names, addresses, phone numbers, insurance information, and, if applicable, the badge numbers of responding officers. Document the scene by taking photos and videos from various angles, noting road and weather conditions and any relevant traffic signs or lights.
2. Seek Medical Care Immediately
Motorcycle accidents often result in severe injuries. Even if you don’t feel injured, it’s imperative to seek medical attention as soon as possible. Many injuries, particularly internal ones, don’t exhibit symptoms for hours or days. Medical records are crucial for your claim and show the extent of your injuries and their connection to the accident.
3. Notify Authorities and Your Insurance Provider
Inform the police and file a report. The official report will be an important piece of evidence when dealing with your insurance company and any potential legal proceedings. Contact your insurance provider to report the accident. Prompt notification is typically required under policy terms and will get the claim process started.
4. Document All Medical Treatment
Keep a detailed record of all medical treatments related to the accident. This should include doctor’s visits, hospital stays, tests, surgeries, and prescriptions. Track your progress, including rehabilitation and physical therapy. Your diligence will give you a clear record of medical expenses to submit to the insurance company or court.
5. Preserve Evidence
Protect and document all evidence related to the accident and your injuries. Store damaged equipment such as your helmet, clothing, and motorcycle in a safe place. If the bike is not serviceable, take photographs and keep documentation of the damage. Preserve any physical evidence like skid marks or damaged road signs.
6. Keep a Journal
Keep a detailed personal journal documenting your recovery and how the accident has impacted your life. Note your physical and emotional state each day, the progression of your injuries, any pain or discomfort, and how it’s affecting your ability to work, enjoy daily activities, or interact with family and friends.
7. Do Not Admit Fault
Even if you think you might have contributed to the accident, resist the urge to apologize or say anything that could be construed as an admission of guilt. Determining fault can be complex, and an off-hand comment could later be used against you. Stick to the facts when discussing the accident.
8. Retain an Attorney
Consider hiring an experienced motorcycle accident attorney to help you with your claim. They will guide you through the legal process, advise you on your rights, and ensure all necessary paperwork is filed correctly and within the appropriate timeframes. A legal professional is invaluable in securing the best possible outcome from your claim.
9. Stay Off Social Media
Avoid posting about the accident or your injuries on social media. What you share online can be used as evidence against you. Insurance companies and defense attorneys often scour social media accounts for any information that could weaken your claim. Protect your case by staying silent on the internet.
10. Be Patient and Persistent
Finally, recognize that the legal process can take time. Be patient with the investigations and any associated proceedings. At the same time, be persistent and proactive in following up with your attorney, collecting evidence, and ensuring no deadlines or opportunities to strengthen your claim are missed. Your diligence can make all the difference in achieving the accountability you seek.
Following these 10 steps can help you establish a strong case for your motorcycle accident claim, ensuring that the responsible party is held accountable. Remember, each case is unique, and seeking legal counsel early in the process is strongly advised. With careful documentation and professional guidance, you can safeguard your rights and pursue justice with confidence.