Plenty of people enjoy the exhilarating sense of freedom that comes with riding a motorcycle. Maybe you’re one of them. But while taking your bike out for a ride on a balmy California day is usually a positive experience, there’s always a chance of getting in a life-altering motorcycle accident.
If this happens, you may be able to recover compensation to assist you in paying for medical care, make up for lost income, and support you as you navigate the immense physical pain and emotional distress that come with serious accidents.
Understanding your rights (and what to do) after a motorcycle accident can sometimes be overwhelming, especially if you’re dealing with painful, severe injuries. When you book a free consultation with us at Delfino Green & Green, you’ll be able to talk to a motorcycle accident lawyer about your case and develop a plan for the future.
Immediate Steps to Take After a Motorcycle Accident
Wondering what to do after a motorcycle accident? Unfortunately, many people don’t consider this question until they’ve already been hurt. It’s a good idea for all motorcycle riders to be familiar with the most important steps to take right after an accident. Here are the first steps you should take:
Get Yourself to Safety
In some cases, you might be unconscious or too badly injured to move. However, if you are able to, do your best to move out of harm’s way. Even moving from the roadway to a median can make a difference when it comes to preventing further injury. If there are other injured people, and you can help them get to safety without risking your own life, do that, too.
Call 911
Some motorcyclists make the mistake of thinking that if an accident is minor (or if they appear to have no injuries), there is no need to call the police. This is a mistake. In many cases, the extreme rush of adrenaline that comes with getting into an accident can make it impossible for you to tell if you’ve been seriously injured or not.
Some very serious injuries (like internal bleeding) show few to no symptoms early on, and if you don’t seek on-scene medical attention, these injuries can quickly become life-threatening.
Calling 911 is also essential if you intend to file an insurance claim or a lawsuit. When you call for help, an officer will create a police report. These reports are a critical part of identifying the at-fault party, and insurance adjusters and attorneys will need to see the relevant police report to verify that the accident happened the way you claim it did.
Document the Accident Scene if Possible
When putting together claims, personal injury attorneys like to include as much evidence as possible. If you are able to, take photos and videos of the accident scene while you wait for police and medical personnel to arrive. It also can be helpful to exchange insurance information with the at-fault driver and to gather contact information for any witnesses.
Don’t worry if you are unable to document the scene. When you work with a motorcycle accident lawyer, your legal team will be able to thoroughly investigate the accident.
Seek Immediate Medical Attention
Ideally, you should receive medical attention at the scene of the accident. Emergency medical personnel may be able to identify serious injuries more quickly than you can, and if need be, they can transport you to a local hospital.
Seeking medical attention while you’re still at the accident scene is important for another reason, too. If you intend to file a lawsuit or claim, getting immediate medical attention is the best way to keep your legal options open.
If you decide to seek medical care later on, the legal representation for the at-fault party might be able to argue that because you waited to seek medical care, your injuries were not as serious as you say.
Talk to a Motorcycle Accident Lawyer
If you’ve just been injured in a motorcycle accident, your thoughts probably don’t immediately jump to pursuing legal action. However, in order to preserve your chances of filing a successful claim, you should always set up a free case evaluation with a motorcycle accident lawyer as soon as you can.
You should absolutely speak with a lawyer before talking to your insurance company or the insurance company representing the at-fault driver.
Insurance companies are in the business of making sure they pay out as little as possible, and they often will try to take anything you say as “evidence” that they shouldn’t have to give you a fair settlement.
For instance, even if you say something as simple as “I think I’m okay,” the insurance company might use that statement in court to argue that your motorcycle injury is not as bad as you say it is.
Your Legal Rights After a Motorcycle Accident
It’s important to know what to do after a motorcycle accident, but you should also understand your legal rights:
- You have a right to seek medical treatment
- You have a right to document the scene, including through photos and videos
- You have a right to file an insurance claim
- If the accident was caused by another driver’s negligence, you have the right to pursue legal action
Depending on the circumstances of your case, you may have more legal rights than these. Your motorcycle accident lawyer can help you get a clearer picture of your rights and how to exercise them.
Filing a Personal Injury Claim
You have the right to seek motorcycle accident compensation, but that doesn’t mean the legal process of seeking compensation is easy. You should always start by scheduling a free consultation with an experienced motorcycle accident lawyer, but here’s a brief overview of how the process works:
- You discuss your case with a personal injury lawyer
- The lawyer determines whether they’ll take your case
- If they do, they’ll gather evidence concerning the accident (including police reports, witness statements, etc.)
- They’ll value your monetary losses (like medical bills) and non-monetary losses (like pain and suffering)
- Once they’ve gathered the necessary information, your lawyer will file a claim
- They will attempt to negotiate fair compensation with the at-fault driver’s insurance company
- If no settlement can be reached, they’ll take your case to trial
The exact details and timeline of your case can vary based on many different factors. When a lawyer takes your case, they can give you a more specific idea of what to expect.
Common Challenges in Motorcycle Accident Claims
Like any other kind of insurance claim, a motorcycle injury claim is likely to have its own challenges. These are some of the most common:
Bias Against Motorcyclists
It might seem hard to believe, but there’s a significant bias that often affects the outcome of motorcycle claims. Insurance companies and even juries sometimes view anyone who rides a motorcycle as someone who is reckless or careless. As a result, they might see you as partially responsible for your injuries even when you factually are not.
Reluctant Insurance Companies
This challenge isn’t unique to motorcycle claims. Many people mistakenly think that insurance companies are on their side, but in reality, these businesses have one primary goal: pay out as little as possible.
When you have an attorney negotiating with the insurance companies on your behalf, you stand a much greater chance of receiving a reasonable settlement offer.
Even then, it may be impossible to reach an agreement when it comes to the amount. If you can’t reach a settlement, the case will go to trial, which comes with stresses of its own.
Debilitating Injuries
In many cases, the central purpose of filing a claim is to try to offset the cost of medical treatment. However, when you’re dealing with extremely painful injuries and ongoing rehabilitation, it can be mentally difficult to continue pursuing a claim.
Fortunately, motorcycle accident attorneys are understanding of your predicament, so they’re usually able to handle virtually all of the details of your claim. An experienced attorney can also offer you the kind of compassionate support you need.
The Role of a Motorcycle Accident Lawyer
However, you shouldn’t just choose the first motorcycle accident lawyer you come across. You need an attorney who is deeply familiar with California traffic laws, personal injury law, and motorcycle accident cases in particular.
You also need an advocate who will be with you every step of the way. When you choose Delfino Green & Green, that’s exactly the type of motorcycle accident attorney you’ll find. If you’ve been hurt in a motorcycle crash you didn’t cause, get in touch with us immediately for a free consultation!