There are several things you should do at the scene of a motorcycle accident that can work to your advantage later. First of all, the Insurance Information Institute (III) confirms that you should not leave the scene of an accident.
To help protect your interests, you should:
Get Medical Help
Even if you feel that you only have minor injuries, you should either get help immediately or go straight to the doctor’s office after an accident. Check if anyone else at the accident scene has injuries that may require immediate attention and call for an ambulance if needed.
Call the Police
After calling for medical help, if required, you should call the police. The police officer who is dispatched to the scene will most likely write up your statement for an accident report. Make sure you explain the details of the accident and how it happened truthfully and accurately. Keep in mind that a police report can be used in court as evidence.
Identify Witnesses
If you can, try to get contact information from anyone who saw the accident. Eyewitnesses can provide useful evidence and may be needed to testify in court.
Collect Evidence
It will be important to exchange contact information and, if possible, insurance information with the at-fault driver and other drivers involved in the accident. If you can, take pictures of the accident scene and any damage to vehicles.
Protect Yourself
You should also contact a motorcycle accident lawyer as soon as possible after an accident to assess your damages and discuss your legal options. You may have legal recourse if someone else is at fault for your accident, and you could potentially recover compensation for your injuries and losses.
What you do at the scene of an accident can be crucial if you consider filing a lawsuit against the negligent party later down the road. Acting responsibly and not letting your emotions get the better of you can help your case. While accidents are frustrating—especially if you suffered injuries and property damage due to the negligence of another driver—keeping your cool is always the best course of action.
Proving Negligence in a Motorcycle Accident
Motorcycle accidents can be deadly. In 2018, according to the National Highway Traffic Safety Administration (NHTSA), a total of 4,985 motorcyclists died in accidents on U.S. roads. If you suffered extensive or permanent injuries in an accident that was someone else’s fault, you could potentially hold them accountable for your damages.
However, in a personal injury case, it is not enough to simply “think” or “know” that the other driver is at fault. You will need to establish negligence with concrete evidence proving that:
- The other driver had a duty of care towards you
- They breached the duty of care
- Their breach caused your accident
- You have injuries and damages because of the accident
Generally, all car drivers, motorcyclists, and other road users have a duty of care towards other drivers. However, it can be challenging to prove that they breached that duty, unless they broke a traffic law such as speeding or driving intoxicated. A motorcycle lawyer can help you prove another driver’s negligence in an accident and gather the necessary evidence.
Motorcycle Accident Compensation
If you can prove another person’s negligence in a motorcycle accident, you could potentially recover compensation in a personal injury lawsuit. Compensation can include but is not limited to lost wages, medical treatments, hospital stays, medical equipment, and rehabilitative therapies. You can also receive compensation for pain and suffering, loss of quality of life, and other damages.
However, in order to assess your damages correctly—including any potential future medical costs—you should consult with a motorcycle accident lawyer who can help to ensure that you are not leaving any money on the table.
Acting quickly can be critical for recovering compensation. While it is only natural to want to look after your health first, your next best step will likely be to get legal advice. Most states set time limits on personal injury cases and you do not want to run out of time for recovering the compensation you are entitled to.
Ben Crump Law, PLLC Can Fight for You
One of the first things you should do at the scene of a motorcycle accident—or soon thereafter—is to get legal advice and assistance. Having a motorcycle accident lawyer by your side can ensure that the at-fault party’s insurance company does not try to push you into accepting a low-ball settlement. Your lawyer can also help gather important evidence, negotiate on your behalf, and defend your interests.
We will leave no stone unturned to fight for your rights and compensation. Call Ben Crump Law, PLLC today at 800-959-1444 for a free case evaluation.
