The hours and days after a motorcycle accident can be confusing and frustrating, especially when dealing with injuries, medical care, and the emotional aftermath of the crash. Once you’ve left the accident scene and are either back home or in medical care, there are several things you need to do. The idea is to protect your health and legal rights and protect your financial interests while securing full compensation for your injuries.
Speak to a Motorcycle Accident Lawyer
One of the first things you must do is contact a motorcycle accident lawyer. Find out more about your rights and responsibilities. By obtaining legal help, you can sift through the situation with more clarity.
You may not want to involve a lawyer, but consulting with a motorcycle accident attorney is essential to protect your rights. Many attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you get paid. Find a lawyer focused in motorcycle accidents. They understand the unique challenges and biases motorcyclists face.
An attorney will evaluate your case, determine liability, calculate damages, and handle communications with insurance companies. They’ll ensure you don’t miss important deadlines, like the statute of limitations, to file a personal injury claim. Your lawyer will gather evidence, interview witnesses, work with accident reconstructionists if needed, and build your case while you focus on recovery.
Why An Attorney’s Help is Vital
When you have an attorney at your side, you also have an advocate - someone who can handle the investigations and negotiations and calculate the damages. Using legal services makes it easier to reach a fair settlement and maximize compensation. This is especially important if you’re dealing with serious injuries or must prevent an insurance company from undervaluing your claim.
To choose a lawyer, you need an attorney with the following background and skills:
Direct Experience in Motorcycle Accident Cases
You need to work with an attorney with experience in cases like yours. Their understanding of motorcycle accident law can help prove your case and improve the results.
Strong Negotiation Skills
Motorcycle accident attorneys can proficiently negotiate with an insurance company to get you a better settlement. Studies show that having an attorney negotiate your claim gives you an advantage over negotiating on your own. Lawyers know what tactics insurance companies use to pay less money.
Gathering and Analyzing the Evidence
Motorcycle accident attorneys who handle motorcycle cases are adept at gathering the required evidence, including police reports, witness statements, medical records, and accident scene photos. All this information is necessary to build a strong and convincing case.
Calculating Full Damages
A motorcycle accident lawyer can figure out all the possible damages. These damages include medical expenses, lost earnings, pain and suffering, and future medical needs. With a lawyer helping you, you’ll ensure full compensation for all your losses.
Protecting You Against Insurance Company Tactics
Again, insurance firms often attempt to minimize a settlement. A motorcycle accident lawyer will identify and protect their client from the tactics an insurance adjuster uses. They are committed to protecting your rights.
Representing You in Court
If your lawyer can’t negotiate a fair settlement, they will take your case to trial and fight for your rights for compensation in the courtroom.
Get Immediate Medical Attention if You Fail to Do at the Scene
If you didn’t get medical care at the Scene, scheduling an appointment with your doctor should be your priority. Even if you feel okay, some injuries may not show up immediately. This may be due to adrenaline or shock.
Common delayed symptoms after a motorcycle accident are headaches, neck pain, back pain, and internal injuries. For example, if you flip over your handlebars (topside injury) but get up seemingly unscathed, you may develop a serious problem later.
Getting a full medical exam creates an official record of your injuries. It also ensures you’ll get proper medical care before things worsen.
Document Your Medical Visits
Document everything during your medical visits. Keep all records of exams, diagnostic tests, prescriptions, and medical treatment plans. Take pictures of visible injuries and keep a daily journal of your pain levels, symptoms, and how the injuries affect your daily life.
Notify Your Insurance Company
Contact your insurance company and report the accident, but be careful what you say. Stick to the facts and don’t admit fault or elaborate on your injuries. Insurance adjusters seem friendly, but their job is to minimize the company’s financial exposure. Let them know you’re getting medical treatment and you’ve retained counsel and direct future communications through your attorney.
If the other party’s insurance company contacts you, tell them you won’t give a statement or sign anything without first talking to your lawyer. Initial settlement offers are usually way below what your case is worth, especially when long-term medical care and the equation include lost income.
Gather and Preserve Evidence
Start collecting and organizing all accident-related documentation. This includes police reports, medical records, motorcycle repair estimates, and pictures of your injuries and damaged equipment. Save all receipts for medical expenses, medications, equipment, and other accident-related costs. Document any missed work days and lost income.
Preserve your damaged motorcycle and gear (helmet, protective clothing, etc.) as they may be evidence. Don’t repair or clean anything without photographing it first and talking to your attorney. If possible, store these items in a secure location where they won’t be tampered with or deteriorate.
Monitor Your Recovery and Follow All Medical Advice
Follow your doctor’s treatment plan, not only for your health but for your legal case. Attend all follow-up appointments, complete physical therapy, and take medications as directed. Keep a detailed record of your progress, including setbacks and complications. Document how your injuries affect your daily activities, work capabilities, and quality of life.
If you’re experiencing emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), seek professional mental health support. Mental health conditions are legitimate accident-related injuries, and treatment costs may be recoverable from your claim.
Calculate Your Losses with Your Attorney - Damages and Long-Term Impact
Work with your attorney to determine the total amount of your past and future losses. This includes:
Medical Expenses
All current medical bills, future medical care, rehabilitation costs, medications, medical equipment, and home modifications.
Lost Income
Lost earnings, reduced earning capacity, missed business opportunities, and future income losses if your injuries prevent you from working.
Property Damage
Motorcycle repairs or replacement, damaged gear, personal items, and other property losses.
Non-Economic Damages
Pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, or disfigurement.
Long-Term Impact
Motorcycle accidents can have long-term effects that may not be apparent right away. Work with your healthcare providers and attorney to understand the potential long-term effects of your injuries. This may include chronic pain, permanent disabilities, future medical procedures, or ongoing rehabilitation needs.
Some injuries may prevent you from returning to your previous job or pursuing certain career opportunities. Think about how your injuries will affect your future earning potential and lifestyle. Your attorney can make sure any settlement or legal action accounts for these long-term effects.
Manage Your Online Presence
Be very careful what you post on social media after your accident. Insurance companies and defense attorneys often monitor accident victims’ social media accounts for evidence to use against them. Don’t post about the accident, injuries, or activities while recovering.
Even innocent posts of your daily activities can mislead others and undermine your injury claims. Consider temporarily deactivating your social media accounts or making them private during the claims process.
Learn More About the Claims Process
Understand the personal injury claims process and what to expect. Your attorney will handle most of the technical stuff, but understanding the basic timeline and procedures will help reduce stress and allow you to make informed decisions.
The process will involve investigation, documentation gathering, settlement negotiations, and pursuing litigation if the parties cannot reach a fair settlement. Be prepared for the process to take several months or even a couple of years, especially in cases involving serious injuries or disputed liability.
Review and Manage Property Damage Claims
While your personal injury claim is ongoing, you’ll need to address motorcycle damage. Your insurance policy may cover repairs or replacements, depending on your coverage. Get multiple repair estimates from reputable motorcycle shops. Don’t accept lowball offers from insurance companies.
If your motorcycle is lost, research its fair market value before accepting a settlement. Consider upgrades, maintenance, and the motorcycle's condition before the accident. Your attorney can make sure you get fair compensation for property damage estimates.
Plan for Financial Challenges
Motorcycle accidents can be financially devastating, especially if you can’t work during recovery. Consider your options for managing expenses:
Disability Insurance
File for short-term or long-term disability benefits, if available, through your employer or private insurance.
Medical Bills
Work with healthcare providers to set up payment plans or see if they’ll take a medical lien on your future settlement.
Emergency Funds
While you wait for your case to resolve, manage your savings and explore other sources of financial support. Creating a budget and seeking temporary assistance can help ease financial stress.
Create a Support System
Recovery from a motorcycle accident requires physical and emotional support. Accept help from family and friends who can help with daily tasks, transportation to medical appointments, or emotional upsets. Consider joining support groups for accident survivors or motorcycle enthusiasts who have gone through similar situations. This can help greatly if you’re dealing with trauma after an accident.
Keep your employer informed of your progress and work with them to plan your return to work, including any accommodations you may need. Maintain open communications with your healthcare providers and attorneys about any challenges you face during recovery.
Protect Your Rights Throughout the Process with Your Attorney’s Help
Insurance companies will use many tricks to reduce their payout, such as disputing the severity of your injuries, arguing pre-existing conditions, or trying to shift blame for the accident. That’s why having an experienced attorney is imperative.
Your attorney will:
- Handle all communications with insurance companies and opposing counsel
- Make sure evidence is preserved and presented
- Meet all legal deadlines and requirements
- Negotiate for fair compensation
- Prepare for trial, if necessary
Make an Informed Decision
Don’t accept a settlement offer without fully understanding the implications. Consider if the offer will cover all your current and future expenses related to the accident. Remember - once you accept a settlement, you can’t go back and seek more money even if your condition worsens.
How Your Attorney Can Guide You
Your attorney will review settlement offers and advise if they’re fair based on your situation. They’ll consider:
- The strength of your case
- The extent of your injuries and prognosis
- Impact on your earning capacity
- Insurance coverage available
- Similar case outcomes in your area
Consider Future Prevention
While recovering from your accident, determine what you can do to prevent future accidents. This might include:
- Enrolling in rider training or safety courses
- Upgrading your gear
- Modifying your motorcycle
- Changing in riding habits or routes
Learning from the experience will make you a safer rider and potentially prevent future accidents.
An Experienced Attorney Has Resources
You don’t have to go through this alone—medical providers, legal professionals, and personal support networks can support you through the recovery process and protect your interests overall. By leaning on these resources, you can focus on healing. At the same time, professionals handle the complexities of medical care, legal claims, and financial planning, ensuring you have the foundation to rebuild your life.
Contact a Motorcycle Accident Lawyer Today
If you’ve been involved in a motorcycle accident and are facing financial burdens and hardships, speak to a motorcycle accident lawyer without delay. An experienced lawyer can clarify your rights, assess the details of your accident, and determine if you have a viable claim. Acting quickly gives you the best chance to gather critical evidence, avoid costly mistakes, and secure the compensation you deserve for medical expenses, lost earnings, and pain and suffering. Don’t wait—reach out today to protect your future.