Unlike other motorists, motorcyclists are exposed to unique dangers in the event of an accident. Yet, this exposure enables motorcyclists to enjoy the freedom that comes with this mode of transportation. Although riding is becoming popular in California, it causes catastrophic injuries in the event of an accident.

Have you sustained injuries in a motorcycle crash, and you are hurt and frustrated? You have an appointment with your doctor, the insurance adjuster is calling, and this is the least of your priorities.

To make matters worse, you are in this situation because of someone’s negligence. Somebody else was responsible for the accident. This can be overwhelming and frustrating. Paying medical bills and facing all the challenges that come with the injuries might put you in emotional and financial distress. Thankfully, you are entitled to compensation under the law.

If you are a motorcyclist or bystander who has been involved in a motorcycle crash, there are multiple things you need to do after the collision to safeguard your right to seek compensation. One of the primary things to do is enlist the services of an injury attorney.

An experienced attorney understands the challenges people face after an accident and will be willing to help you receive maximum compensation. Attorneys will focus on building your claim so that you attend medical appointments and try to regain your life before the accident.

General View of Motorcycle Accidents

Motorcyclists are in an exclusive position on the road. Riders lack a protective barrier between the motorcycle and the road surface. Additionally, drivers have problems forestalling and spotting motorcycles, which increases the risk of an accident. After a crash, many motorcycle riders are left wondering what to do.

For this reason, it’s critical to be aware of your rights and freedom if you are involved in a motorcycle crash. What you do after the collision will, in a big way, affect your claim and the damages awarded.

Guidelines for those Injured in a Motorcycle Accident 

In a personal injury case, the plaintiff bears the burden of proof. It means to build a strong claim, there are steps you must take after the accident to ensure maximum recovery.

Don’t Leave the Crash Scene

Fleeing the accident scene is illegal, whether you are the person responsible for the accident or not. After a crash, your first step should be to check if you have sustained any injuries. Suppose the injuries are minor, and you can help others, check on them to find out if they are injured.

And because these crashes are often catastrophic, you should move to a safer location and, when you can, help others relocate to a safer place. Once everyone is in a secure site, reach out to emergency medical personnel. The emergency medical technicians will provide first aid care to those with minor injuries. Victims of the accident with serious injuries will be taken to the hospital for specialized treatment.

These professionals will also collect information on the details of the crash, the site, parties involved and the harm caused. Stay calm and answer these questions because they will help with the rescue efforts.

Similarly, you can contact the local police. Although police don’t visit every accident scene, evidence gathering will be made easier if you are lucky to see them at your accident site. The officers will use their training and skills to evaluate accident scenes and jot down on the police report, their account of the events that led to the crash. Make sure you share the details of the accident with them, including the person you think was responsible.

The report is a valuable element of your claim because it contains the case’s facts, which come in handy when proving liability. When law enforcement arrives at the scene, it is advantageous because answering the officers’ questions gives facts about the accident and prevents speculations in the police report. 

It’s okay to share all the details of the crash with the police. However, never apologize or agree to be responsible for the accident. The information might be captured in the report, and this could result in denial of the claim.

Besides, before leaving the scene, ensure to request for a copy of the police report. Your injury attorney will rely on this to build your case.

Seek Medical Treatment

Whether you are a motorcyclist, bystander, or car occupant involved in a motorcycle crash, you need to seek medical attention because the injuries sustained in these cases are often catastrophic. Unfortunately, some people may think of proceeding with their journey or returning to work to indicate strength. Others do this because of the lack of visible injuries.

However, not seeking medical examination is wrong because some people succumb to these injuries. If you are lucky to survive without receiving treatment, the damages will be detrimental to your health. Perhaps your insurer may deny you a claim for not seeking treatment.

Insurance companies require proof of medical treatment and that the injuries are related to the accident. Failure to seek treatment means your insurer will assume you are not injured, or the injuries were caused by something other than the accident.

Further, seeking medical treatment is not only suitable for your claim but also helps with internal organ injuries or damage detection, which only happens after a medical examination.

While at the hospital, don’t be in a hurry. Allow the doctor to take time and conduct a thorough examination to establish if you have any physical or internal injuries. As the comprehensive medical exam proceeds, the doctor will ask detailed questions about the accident to reveal the damage’s cause, type, and extent.

Remember, these medical reports act as evidence in your claim, so don’t disclose all the facts about the accident as this could hurt your case. Misrepresentation of facts is enough to break your lawsuit. You could also withhold the fact that you want to file a lawsuit from the doctor.

After the medical treatment, gather all the documents, including doctor’s reports, medical receipts, and any other information that may prove crucial in your case. You can make copies of the documents or scan them for cloud storage. That way, even if the original documents are misplaced, you will retrieve the soft copies and provide them as evidence in your suit.

Reach Out to an Experienced Injury Attorney 

Once you have sought medical treatment, the next thing on your list should be reaching out to an attorney who understands personal injury law and tricks used by insurance adjusters to minimize or deny plaintiffs' payment. Although it’s possible to pursue a claim without legal representation, an attorney will be an advantage. Your legal team will help you gather the evidence required to win the lawsuit and guide you on what you need to do to increase the likelihood and amount of compensation.

Furthermore, if your insurer offers an unreasonable settlement or tries to deny you compensation, an attorney can file a petition against the company for the damages.

Gather Evidence Relevant to the Motorcycle Crash Lawsuit

If you are a victim of a negligent motorcycle crash, you are entitled to reimbursement for the harm. Part of case preparations includes knowing what to do after the accident. Additionally, you need to gather the right evidence at the crash scene because it won’t be there for long. Soon motorcycle wreckage will be removed from the road, and traffic will start flowing as if nothing happened.

Facts about a motorcycle accident can be in the form of documents and reports. With documented facts about the accident, there will be no room for speculations or confusion.

Evidence can also take the form of damages that demonstrate you suffered losses because of the injuries sustained from the motorcycle crash. Discussed below are some of the pieces of evidence you will need to collect after the crash:

  1. Witnesses and their Statements

The majority of motorcycle crashes occur due to negligence by other drivers or road users. Those involved in the collision and bystanders at times get to witness the accident as it happens. These eyewitnesses’ testimonies can help you build a strong case if you are not the person at fault.

So, before leaving the crash site, make sure you talk to the witnesses and get their contact information and statement regarding the crash. The contact information of the witnesses you speak to should appear in the police report in case you need them to testify. The testimony by these witnesses will help you at some point during the claim.

  1. Insurance and Vehicle Information

Sometimes, a motorcycle crash will involve more than one vehicle. More than one party could be responsible for your injuries in such a case. Therefore, you need to gather information from all the parties involved. Collecting insurance and vehicle info should include noting down the individuals’ names, car model, plate and license numbers, and insurance information. If everyone leaves the scene without this information, you might not have anyone to sue, but it’s easy to identify the responsible parties with the details.

  1. Damage on Property

To determine the extent of the injuries isn’t an easy task. You will need to show the property’s damage to draw the accident’s picture in the jury or judge’s minds. Do not take the bike for repairs before taking pictures of it. Suppose not repairing the motorcycle causes you many inconveniences, you can take it for repairs but at a credible auto repair outlet. The invoice and report from the auto repair shop can be used as evidence of property damage.

The damage on the helmet could also prove the extent of your injuries. So, even if it’s irreparable, don’t leave it at the scene because it will be used to verify you suffered some form of harm.

  1. Pictures and Videos

It’s normal for the opposing side to contest the evidence you present against them. The defendant may allege that the information you have provided to the court is untrue, and this might cast doubt in the jury or judge’s mind. For this reason, it’s paramount to take pictures of the scene, property damage, injuries sustained, and skid marks on the road. You can also record videos on the same, including documenting the weather conditions at the time of the crash. This will make it challenging to dispute the evidence.

Furthermore, images and videos of the scene can capture CCTV cameras in the area. If you notice any cameras, you should track down the owner and request for the footage. The footage will simplify the process of proving negligence.

  1. Documenting the Crash

Motorcycle accidents are traumatic experiences that no one wants to remember. You are probably going to be in shock and dealing with pain from physical pain. Explaining the events that led to the crash in this kind of situation is impossible. When you remember details of the accident, write them down so that you don’t have to relive the events.

  1. Police Statement or Report

As mentioned earlier, the police visit most accident scenes to conduct investigations and account for the unfolded events. The analysis is contained in the police report, and it often includes all the details. After sharing the details of the crash with the officers, request for a copy of the statement.  Your attorney will rely on it as evidence.

  1. Comprehensive Medical Reports

Earlier in this blog, we mentioned that medical reports come in handy when justifying the damages you are pursuing. Therefore, keep proper records of your medical reports dating even five years from the accident’s date if the injuries worsen later in life.

  1. Proof of Lost Income

If, after the accident, you missed work or got laid off, this is enough evidence to prove loss of income or employment. You can rely on tax returns from previous months before the crash to show that you have suffered wage or employment loss.

Note that claiming that you have suffered damages without any proof of loss won’t be enough. The opposing counsel will challenge the claim, and you may end up with reduced or no compensation. You need to document your lost wages to receive full reimbursement.

It’s worth noting that gathering information after an accident isn’t easy. However, with legal counsel from a personal injury attorney, you can be guaranteed to collect the right evidence that will help you win the lawsuit.

Negotiate With Your Insurance Policy Carrier

After a motorcycle crash, the negligent party’s insurer will contact you for a settlement through their adjuster. Don’t engage in any discussions with these people because they are only after protecting their interests. Instead, refer them to your injury attorney. The attorney can also guide whether or not to take the offer. You need to be very careful at this point because if you accept an offer but later realize it wasn’t reasonable, you can’t go back to claim more.

Similarly, you should report the accident to your insurer. However, when doing this, don’t share information that might hurt your case. Although they are your insurer, their main objective is to increase profit margins by lowering compensation. You can request your attorney to accompany you when reporting the accident to your insurer so that you don’t say anything incriminating.

An attorney will encourage you not to admit fault or give personal opinions. You should allow the insurance company to conduct their investigations and find out the person responsible.

Besides, don’t discuss your injuries with the insurer, nor should you sign a medical release until you have received instructions from your legal team. Avoid recorded statements by all means, especially after the crash, because you might end up making statements that will be used to deny you a claim.

File a Lawsuit for Your Motorcycle Crash Injuries

You are entitled to seek compensation from the responsible parties after an accident causing injuries. However, many insurance companies are not willing to offer you reasonable compensation to cover all your losses. You will need to file a claim against the negligent party in court for payment in situations like these.

A lawsuit will allow you to present evidence to the jury about the cause of the accident and injuries stemming from it to recover maximum compensation.

In these claims, the burden of proof falls in the hands of the plaintiff. It is up to your attorney to prove that:

  • The defendant had a legal responsibility to use the road to ensure their safety and the safety of other road users.
  • The defendant breached this duty, and the violation resulted in a motorcycle accident.
  • You suffered damages as a result of the accident.

Part of proving your claim includes establishing the cause of the accident. Your attorney will need to show the accident’s cause first to identify the right defendant in your case.

Establishing the Cause of the Motorcycle Crash

When seeking compensation for your injuries, you must show another person was at fault. If the accident is to be blamed on both parties, the comparative negligence system will apply. This is where each party will receive proportionate damages based on the extent they are to blame for the crash. If you are partly to blame for the accident, to maximize the amount of compensation, your attorney must prove the cause of the accident. The common cause of motorcycle crashes include:

Hazardous Road Conditions

The law requires that authorities in charge of maintaining roads ensure they are in safe conditions for use. Safe, in this case, means the road:

  • Is free of potholes, cracks, sudden uneven surfaces, and spillage
  • Well installed and maintained traffic signs and warnings

If it’s a spillage or a pothole that caused the accident, the person in charge of maintaining the road will be responsible for the accident. Your lawyer will turn to the government agency overseeing the road for compensation.

Note that seeking compensation from a government entity involves unique processes that you might not be aware of. Therefore, you need to have an attorney by your side to ensure you follow these new sets of rules, including a shorter time limit for filing the claim.

Mechanical Issues

The motorcyclist, bystander, or the other driver are not always to blame for these crashes. Sometimes an accident might occur because of mechanical problems. If the motorcycle or part malfunctions, you can file a product liability claim against the parts’ manufacturer. However, to receive the compensation, you must prove the component, vehicle, or motorcycle left the manufacturer’s hands while faulty.

Other causes of motorcycle accidents include intoxicated driving, speeding, or distracted driving. The more you prove the defendant’s negligence was the cause of the accident, you increase the chances of getting full compensation.

Compensable Damages for Motorcycle Crash Victims 

If you have been involved in a motorcycle crash, you are likely to sustain significant injuries. The harm will cause hefty medical treatment costs as well as financial strain. You will suffer monetary and non-monetary damages because of the hospital expenses and loss of wages due to your inability to work.

California's personal injury laws protect your right to pursue compensable damages because of these losses. However, you must document the damages, both economic and non-economic, for the benefits to be awarded. Suppose you succeed in proving that you suffered losses. Some of the benefits you will recover include:

  • Hospital expenses
  • Lost income
  • Loss of future income capabilities
  • Wrongful death
  • Cost of property damage

If you have a regular job, you must present a lost wage letter from the employer before the loss of wages benefits are awarded. The letter provides the court with the nature of your job and the amount you earn.

If you are self-employed, you can submit tax returns forms or other records that show your income before the accident. You must argue that after the accident, you were unable to return to work, and as a result, you lost a specific amount of wages.

Receiving maximum benefits is not a walk in the park because you need to provide evidence for each damage you seek. However, with guidance from an experienced attorney, your chances of full compensation are enhanced.

Find a Personal Injury Attorney Near Me

The injuries stemming from a motorcycle accident can be devastating. What’s even worse is that the accident is just the beginning of stress because of the financial strain of treating the injuries. At The Personal Injury Attorney Law Firm, we understand the challenges of seeking full compensation in California, so we are here to help. Call us today at 619-625-8707 for guidance on what to do after a motorcycle accident.

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