Summary

This article will dive deep into the essential steps you must take if you or a loved one are involved in a motorcycle accident.

Motorcycle accidents can be a terrifying experience, often resulting in serious injuries or even traffic fatalities. The statistics around these fatal crashes are sobering:

• Motorcycle fatalities have surged to a staggering 5,932, as the National Safety Council (NSC) reported.
• According to a report from Forbes, although motorists make up only 3.5% of all registered vehicles in the country, they account for 14% of all traffic deaths.
• The National Highway Traffic Safety Administration (NHTSA) reveals an 80% injury or mortality rate among fatal motorcycle accidents — a disproportionate percentage compared to car accidents or other passenger vehicles at 20%.
• The latest data from NHTSA also indicates that a significant portion (55%) of motorcyclists who died in accidents across the country in 2021 were not wearing motorcycle helmets.
• In California, 13% of motor vehicle fatalities were from motorcyclists, while motorcycle deaths have increased by 2.9%.

Given these alarming statistics, every motorcycle rider and passenger must know what steps to take in the aftermath of a motorcycle crash. This knowledge can significantly affect your immediate safety and ability to seek compensation later if it all boils down to it.

This article will walk you through the essential steps you must take if you or a loved one are involved in a motorcycle accident.

Immediate Post-Accident Actions

When a motorcycle collision happens, remember to remain calm and cooperative during this process. Avoid discussing who’s at fault for the accident, as it may complicate your insurance claim or any potential legal proceedings.

The following steps set the foundation for a smoother physical and financial recovery process:

Prioritize Your Safety

The first thing to do after an accident is to ensure your safety. If safe, move away from the roadway and to a secure location. However, if you or anyone involved in the accident is severely injured, try not to move and wait for medical help.

Call Emergency Services

Once you’re safe, promptly call 911 to report the accident. Even if the accident seems minor, having a formal police report can be invaluable for insurance and legal purposes. Law enforcement will document the scene, speak with witnesses, and create an official record of the incident. Remember to request a copy of this report for your records.

Plus, some injuries may not be immediately apparent due to adrenaline or shock — ensure you and your loved ones get immediate medical attention.

Exchange Information

While you wait for law enforcement to arrive, start exchanging essential information with the other party involved in the accident. This should include:

• Full name and contact information
• Insurance company and policy number
• Motorcycle driver’s license and license plate number
• Car driver’s license and plate number
• Type, color, and model of the vehicle
• Location of the accident

Gathering Evidence

Gathering evidence after an accident can build a strong foundation for your case. The goal is to provide a factual account of what happened to help ensure fair compensation.

Here’s how you can effectively gather evidence and get all your bases covered:

Document the Scene

The first step is to document the accident scene. This includes noting the date, time, location, weather conditions, traffic signals, and other relevant details about the surroundings.

A detailed record of the accident scene can help recreate the incident for insurance adjusters or jurors, providing a clearer understanding of what occurred.

Document any visible injuries as well. These photos can be valuable evidence when filing an insurance claim or pursuing a legal case.

Photograph the Scene

Take pictures of the accident scene from various angles. The more photos, the better. They provide a visual record that can corroborate your account of the accident.

Here are some tips:

• Capture wide-angle shots to show the overall context of the accident.
• Take close-up photos of specific damages to your vehicle and any other vehicles involved.
• If there are skid marks, debris, or other physical evidence on the road, photograph these too.
• Document any visible injuries you or other parties have sustained.

Obtain Witness Information

Witnesses can provide an unbiased account of the accident, making their testimonies valuable. If there were any witnesses to the accident, approach them calmly and ask if they’d be willing to provide a statement.

Be sure to collect their contact information, including their name, phone number, and email address.

Preserve Physical Evidence

Preserve damaged clothing, personal belongings, or damaged parts of your vehicle. Keep these items in the condition they were found immediately after the accident, as they may be used as evidence. Resist the urge to clean or repair these items until an expert has examined them.

Medical Attention

Seek immediate medical attention after an accident, no matter how minor. Even if you think you’re okay, get a medical evaluation from a healthcare professional after an accident, as some injuries — like concussions or internal bleeding — may not present symptoms immediately. Be especially wary of head injuries that may cause long-term brain injury.

Documenting your Medical Examination

Medical records are vital to your recovery and subsequent insurance claims or legal proceedings. Here’s what to keep in mind:

• Ask for a detailed report of your examination, including any diagnoses and treatment plans.
• Request copies of all medical tests, such as X-rays or MRIs.
• Keep a record of all healthcare providers you see, including their contact information and the dates of your visits.
• Save receipts for any expenses related to your medical care, including prescription medications and assistive devices like crutches or braces.

These documents provide evidence of the severity of your injuries and the necessity of your medical treatment, which can significantly impact your insurance claim or lawsuit.

Contacting Law Enforcement

An accident report is an official record of the incident. It includes details such as the date, time, location, parties involved, and the accident’s circumstances. This report can be crucial evidence in subsequent insurance claims or lawsuits.

File an Accident Report

Call the police to file an accident report immediately after the incident — contact your local non-emergency number or 911 if the situation warrants it.

Many states have laws that require you to report accidents within a specific timeframe, so it’s essential to act promptly.

When law enforcement arrives, provide clear and concise information about what happened. This might include:

• Your full name and contact information
• The location of the accident
• Date and time of day the accident happened
• The events leading up to the accident
• Any injuries or damages sustained
• The identity of any witnesses

Remember to be honest and stick to the facts. Avoid speculating, admitting fault, or assigning blame.

In some cases, law enforcement may conduct a follow-up investigation. This could involve interviewing witnesses, reviewing available video footage, or consulting accident reconstruction experts. Cooperate fully with any requests for additional information.

Request a Copy of the Accident Report

Be sure to request a copy of the accident report for your records. You can use this document to support your insurance claim or legal case and help you remember important details about the accident if needed.

If you need help with obtaining a copy of the report, contact the law enforcement agency that responded to the scene. They will likely have instructions on requesting a copy and may charge a small fee.

Insurance Matters

Once you’ve done the above matters, you must contact your insurance company to initiate the claims process. This ensures that your insurer cannot deny coverage due to late reporting. It allows them to start investigating the accident, which can lead to a quicker claim resolution.

When you contact your insurance company, they’ll ask for details about the accident. Be prepared to provide:

• The date, time, and location of the accident
• The names and contact information of any other parties involved
• A description of what happened
• Any police reports or medical records related to the accident
• Factors and causes of motorcycle accidents, i.e., blind spot, left turn, intersection crash, lane splitting, road conditions

Your insurer will then assign a claims adjuster to handle your claim. This person will review the details of the accident, assess your coverage, and determine how much compensation you’re entitled to.

Seek Legal Counsel

While dealing with insurance claims can be straightforward in some cases, complexities can arise, mainly when disputes over liability occur or if injuries are severe. In these situations, it’s wise to seek legal counsel.

A knowledgeable attorney can help you navigate the insurance claims process and advocate for your interests. They can negotiate with the insurance company, ensuring you receive fair compensation for damages and injuries.

Look for attorneys specializing in personal injury or auto accident law; they’ll have the expertise to handle your case effectively. You can find reputable attorneys through:

• Referrals from friends or family
• Online directories of personal injury attorneys
• Your state’s bar association

If your claim is denied or you are unsatisfied with your insurance company’s offer, your attorney can help you explore other legal options. This might involve a lawsuit against the insurance company or the party at fault for the accident.

Legal Consultation

Frantz Law Group is a renowned law firm with a proven track record in handling motorcycle accident cases. Our attorneys are experienced, dedicated, and committed to fighting for the rights of their clients. 

With a deep understanding of the intricacies of personal injury law (specifically on motorcycle accidents), we’ve successfully represented countless accident victims, helping them secure the compensation they rightfully deserve.

Navigating Legal Challenges

Motorcycle accident cases can involve many legal hurdles. Insurance companies often attempt to minimize payouts or deny claims altogether. Disputed liability can complicate matters further.

Moreover, medical treatment, rehabilitation, and potential long-term care costs can be astronomical.

At Frantz Law Group, we understand the challenges and know how to navigate them effectively. Our motorcycle accident attorneys work diligently to ensure that insurance companies fulfill their obligations and that any disputes over liability are resolved favorably for our clients.

We’re proud of the results we’ve achieved for our clients. For instance, we represented bikers and vehicle accident victims who suffered severe injuries due to another driver’s negligence.

Despite the insurance company’s initial refusal to pay, we successfully negotiated a settlement that covered our client’s medical bills, lost wages, and pain and suffering.

Frantz Law Group is Here to Help

If you’re a motorcyclist involved in an accident, you’re likely facing many challenges — from physical injuries and emotional trauma to mounting medical bills and insurance complexities. During such a difficult time, having seasoned motorcycle accident attorneys can make a significant difference in the outcome of your case.

Let us fight for your rights and work towards securing the compensation you deserve. Contact us today for a free consultation.