What to Do After a Motorcycle Accident
Motorcycle accidents happen fast and with little warning, creating a jarring experience for everyone involved. Knowing what to do after a motorcycle accident can be equally challenging, especially when personal injury and shock from the trauma occur. Whether you are a frequent rider or were recently injured in an accident, consider the following steps that could apply to your situation.
The Difference Between a Typical Car Wreck and A Motorcycle Accident
It’s important to note that there are some key differences between your typical car wreck and a motorcycle accident. When it comes to potential legal litigation and compensation, there are a few things to keep in mind.
Unfortunately, motorcyclists may face biases that suggest a tendency toward risky behavior, potentially influencing jury opinions and insurance company tactics. Legally, fault determination can be more complicated in motorcycle accidents than in car wrecks, as factors like road conditions and motorcycle visibility can play a role.
Insurance policies for motorcycles usually look different than car insurance, and the extent of injuries is often more severe, leading to larger claims for medical expenses.
Because of this, it’s important to follow the steps below following a motorcycle accident and to seek legal counsel with motorcycle-specific experience.
Notify Your Insurance Company about the Motorcycle Accident
Another critical step after an accident is to notify the insurance companies of those involved in the accident. Many policies require timely notice from insured parties about the accident, which allows the insurers to investigate the claim and preserves your rights to compensation. Once represented, your attorney can assist in communications with third-party insurance companies to protect your rights under available policies and to navigate settlement payout terms.
Meet with an Attorney about Your Legal Rights
Personal injury claims are common following a motorcycle accident because of the likelihood of increased injury at the hands of others. Recovering financial compensation in this type of litigation can be difficult because others involved will be quick to blame the motorcyclist for the cause of the accident. Meeting with an attorney early in the process can help you evaluate the merits of a potential claim, calculate possible damages, and identify parties at fault. Additionally, South Carolina’s Code of Laws Section 15-3-330 sets a 3-year statute of limitations for you to raise a personal injury claim.
Find Safety After a Motorcycle Accident
Getting to a safe place is a top priority for injured motorcyclists. The scene of a motor vehicle accident is a dangerous place for a variety of reasons. For example, the risk of fire or explosion of damaged vehicles, the potential for subsequent collisions, and general exposure to the elements. These dangers increase for motorcycle riders with little protection apart from their helmets and the clothes on their back.
Every accident scene is different, which means locating a safe place depends on your surroundings. For general purposes, safety means creating separation between you and the accident scene and removing yourself from the dangers of ongoing traffic. While getting to safety is important, be aware of your possible injuries and limit movement that could cause you additional harm, such as from a neck or back injury. For the same reason, avoid moving your bike or other equipment.
Contact First Responders
After getting to safety, the next priority is to contact first responders, including roadway patrol, paramedics, and other emergency responders. Inform the dispatcher of your location, the type of accident, and the nature of your injuries so they can provide the appropriate level of response. If you are unable to contact the first responders, find someone who can.
Gather Evidence If Possible
Immediately following the accident is the best time to gather evidence and other records of what happened while the scene is fresh. If you have a phone with a camera, take photos of the collision, the surrounding area, your injuries, and anything else that could be useful in evaluating fault and damages. Beyond photos, you might take notes of other things that contributed to the accident but are difficult to capture in a photo. For example:
- Driving behaviors
- Statements from other parties about the mental or physical state of the drivers (e.g., intoxication or mobility limitations)
- Weather conditions
- Traffic levels
- Road conditions
Obtain Further Medical Evaluation
A comprehensive medical evaluation is imperative after a serious motorcycle accident, and in many cases, will be compulsory as the ambulance transports you to the nearest emergency room. However, you may feel surprisingly fine after an injury with a minimal apparent injury. Even if the first responders clear you to leave, getting a proper medical evaluation is still helpful. Some accident injuries, such as internal bleeding, concussions, nervous system injuries, and other head trauma, could be latent and asymptomatic after the crash. Do not hesitate to seek further medical exams and opinions to avoid compounding your injuries with delayed treatment.
Help with the Police Investigation and Reporting
At some point, the first responders will want to meet with you to obtain your side of the story for input into their investigation and reporting. Having an accurate and detailed police report can be useful later in establishing the fault of other parties and working with insurers. Having one of our attorneys present during this questioning could be useful in ensuring your statement is accurate and does not unduly interfere with your legal rights to recover claims for personal injury.
For More on What to Do After a Motorcycle Accident
Our attorneys help the residents and visitors of upstate South Carolina navigate the legal process of recovering from personal injury after motorcycle accidents. We recognize each accident brings new challenges for you and your family. While our list of practical steps to take after collision provides general guidance, our attorneys are available for consultation to provide individual insights based on the circumstances of your case.