Legal

Protect Your Rights After a Motorcycle Accident

Published

2 weeks ago

May 6, 2023

Motorcycle accidents can be devastating events that leave victims suffering physical, emotional, and financial damages. Protecting your rights after a motorcycle accident is critical in receiving the compensation that is owed to them; this article outlines what steps should be taken after an incident has taken place, its causes, your legal options afterward, as well as tips for hiring an attorney and dealing with insurance providers to uphold them properly and safeguarding them effectively.

Section I: After A Motorcycle Crash

When involved in a motorcycle accident, the following steps must be taken immediately:

Stay At the Scene

Don’t leave the scene of an accident, even if it appears minor; leaving may result in criminal charges and make your case harder to prove.

Check for injuries and call for help when necessary.

Check for injuries among all parties involved in an accident, call an ambulance immediately if someone is hurt, and report the incident to authorities if necessary.

Exchange Driver Information with Each Other Driver

Ensure you exchange contact and insurance information with any drivers involved in an accident, take photographs of the scene, including any damaged vehicles and the surrounding area, and take notes for insurance companies about what caused this collision.

Gather Evidence at the Scene

Get as much evidence from the accident scene as witness statements and contact info for witnesses before noting the collision’s date, time, and location.

How Can You Contact Your Insurance Provider

Contact your insurance provider immediately following an accident and provide all relevant details, as they will guide you as to the next steps that should be taken.

After an Accident

Even if you feel fine after an accident, getting medical checkups to ensure you’re unharmed is essential to assess possible injuries that might not surface immediately post-crash.

Do You Keep Track of Your Medical Bills and Expenses?

Record all medical bills and expenses related to the accident when filing an insurance or litigation claim.

Section 2: Common Causes of Motorcycle Accidents

Many factors can contribute to motorcycle accidents, including:

Distracted Driving

Drivers who text, eat, or talk on their phones while driving can cause accidents. For this reason, drivers must remain focused on the road to avoid such mishaps.

Speeding

Speeding is one of the leading causes of motorcycle accidents, making it essential to adhere to speed limits and not drive recklessly.

Driving Under the Influence of Drugs or Alcohol

Drunk or drug-impaired driving can be dangerous and lead to devastating car accidents, making it essential to refrain from operating your vehicle under such influence to ensure both your own and other people’s safety on the roads.

Failure to Yield

Drivers who fail to yield at intersections or yield signs can cause accidents. For safety’s sake, we must abide by all traffic rules to avoid harm’s way and prevent further incidents.

Lane Splitting

“Lane splitting” refers to when motorcycle riders ride between two lanes of traffic on their motorcycle. This practice can be hazardous and lead to accidents.

Road Hazards

Potholes, uneven pavement, and debris on the road can all pose potential dangers that lead to motorcycle accidents. Therefore riders must remain alert while driving to avoid potential road hazards as much as possible.

Section 3: Understanding Your Rights After a Motorcycle Accident

After being involved in a motorcycle accident, there are certain rights available to you that could include:

Your Right to Submit an Insurance Claim

Your insurance provider has your back when covering damages to your motorcycle and medical costs. Submitting a claim with them can make things much more straightforward when filing an incident claim is necessary.

Your Right to Sue an At-Fault Driver

It is your right to file a lawsuit against any driver you believe caused an accident, including themselves.

Your Right to Compensation for Damages and Injuries

As the victim of an accident, you have the right to seek financial compensation for all injuries sustained.

Statute of Limitations for Filing a Claim or Lawsuit

Each state has a statute of limitations when filing claims and lawsuits related to motorcycle accidents, typically between one and six years. Filing within these timeframes is vital to protect your rights and ensure they’re upheld.

Subsection 4: Hiring a Motorcycle Accident Attorney

Suppose you are involved in a motorcycle accident. In that case, you must contact an experienced motorcycle accident attorney as soon as possible to protect your rights and represent them effectively. Below are the benefits of hiring one:

Benefits of Hiring an Attorney

An attorney is invaluable for navigating the legal system and protecting your rights. They can investigate an accident scene, gather evidence and craft a compelling case on your behalf.
An attorney can negotiate with insurance companies and other parties on your behalf to secure total compensation for injuries and damages sustained, representing you in court as necessary.

Questions to Ask Before Hiring an Attorney

Before engaging an attorney, it is crucial to ask several key questions:

What experience have you had handling motorcycle accident cases?
How will we communicate throughout the process?
What is your fee structure and success rate in obtaining compensation for clients?
Do you have references from past clients?
Attorneys Help Build Strong Cases
An attorney can be invaluable in building a compelling case by:

How Attorneys Help in Building a Strong Case

An attorney can help build a strong case by:

Investigate and collect evidence, such as witness statements, police reports, and medical records.
Consult experts specializing in accident reconstruction to strengthen your case.
Develop a convincing narrative to present to insurance companies or courts.

Contingency Fee Agreement

Many motorcycle accident attorneys work on a contingency fee agreement, meaning they only get paid if your case wins and the lawyer takes a percentage of compensation (usually 33% or so).

Section 5: Navigating Insurance Companies After an Incident

Navigating insurance companies after a motorcycle accident can be challenging. Here are some helpful strategies for handling them effectively:

Understanding Insurance Company Tactics

Insurance companies are in business to make money, so they will do whatever it takes to limit how much they must pay in claims. They may attempt to settle for less than you deserve or deny or delay your claim altogether – taking advantage of your lack of knowledge of the law or the claims process.

How to Negotiate with Insurance Companies

When dealing with insurance companies, you must accurately understand your rights and claim value. Don’t accept your first offer – they often come out much lower than you deserve. Instead, present a reasonable counteroffer based on evidence collected throughout. Keep all communication written up as evidence, with copies being kept for future reference.

An Attorney Can Assist in Dealing with Insurance Companies

Having an attorney when dealing with insurance companies can level the playing field. Attorneys possess deep knowledge of law and claims processes, helping you navigate any complications your case might present.

Attorneys can negotiate on your behalf with insurers to safeguard your rights while building solid cases to maximize compensation payments.

Section 6: Protect Your Rights After a Motorcycle Accident

If you have been involved in a motorcycle accident, your rights must be upheld to ensure fair compensation is awarded for any injuries or damages sustained. Here are some guidelines for protecting yourself following an incident on two wheels:

Stay Calm and Do Not Admit the Fault

Following a motorcycle accident, you must remain calm and collected. Even if you believe you contributed to the incident in some way, do not admit fault – this may impede any chances for compensation even if the responsibility was shared among multiple parties.

Don’t Sign Anything Without Consulting an Attorney

Insurance companies may ask you to sign a document or give statements following an accident, but be careful before signing anything without consulting an attorney. An attorney can review all paperwork to protect your rights.

Keep a Record of Your Injuries and Progress

Please keep a record of your injuries and their treatment progress to support and demonstrate the severity of your claim. Doing this may provide valuable evidence regarding their extent.

Follow Your Doctor’s Orders

Be sure to comply with all medical orders from your physician and attend all scheduled medical appointments to expedite recovery and demonstrate the severity of injuries sustained. This can help speed up healing time.

Avoid posting anything about your accident or injuries on social media. Insurance companies could use any such posts as evidence against you in their claim processes.

Conclusion — Protect Your Rights After a Motorcycle Accident

Motorcycle accidents can have severe physical and financial repercussions. To protect your rights following an accident, you must remain at the scene, gather evidence, and contact an attorney right away – this will increase your chance of receiving fair compensation for injuries sustained and damages sustained.

Final Thoughts and Additional Resources

If you have been involved in a motorcycle accident, you must seek legal advice immediately. An experienced attorney can guide you through the claims process and uphold your rights. For more information about motorcycle accidents and how they apply in your state, visit your Department of Motor Vehicles’ website or consult a qualified lawyer.