Knowing what to do following a motorcycle accident is an important way to be prepared in the event of an emergency and understand your legal rights in receiving compensation for injuries and damages.
A Fort Lee motorcycle accident lawyer can assist victims in times of need and handle a motorcycle crash claim on your behalf, and fight for a better settlement. After a crash, victims should have an attorney to pursue their right to collect compensation for injury, pain and suffering, vehicle repairs, lost wages, and emotional distress.
Here is a step-by-step guide for how to respond in the aftermath of a collision, and how to file a claim for a motorcycle accident.
1. Prioritize Safety and Gather Information at the Scene
First and foremost, victims in a motorcycle accident should seek treatment for their injuries. After ensuring safety of all drivers, passengers, and pedestrians, it is important that the parties involved document the scene for the authorities.
- Ensure Safety
Assessing injuries for yourself or any parties involved in the crash are the top priority following an accident. Making sure no one is pinned beneath a motorcycle, trapped inside a vehicle, and everyone is at safe distance away from any fires or spillage. It is important to stay calm in the event of an accident to better navigate the following steps. If the motorcycle and other vehicles involved in the crash are still drivable, move them out of oncoming traffic to the side or shoulder of the road to prevent jams or pileups.
- Gather Information
Assuming a crash victim is healthy enough to do so, they should note all relevant details, including the time and location of the crash, any inclement weather or hazards at the moment, the damages to each vehicle, and exchange contact information with the other parties. Taking accident scene photos or videos of the wreckage and accident scene will also assist in documenting. Witness statements from bystanders can also help to confirm or clear up any confusion from second-hand accounts.
2. Report the Accident
After gathering information, calling 9-1-1 and reporting the accident to authorities should be a priority for all parties involved. Failing to report an incident is considered unlawful in cases of significant injury or excessive property damage.
- Police Report
Police or law enforcement will come on the scene to inquire about the accident. When filing a police report, it is important that you understand your rights, which is the right to seek an attorney and pursue damages.
- Insurance Company
Informing your insurance company that an accident has occurred is a requirement of most insurance policies. Report basic information like the location and time of the accident as well as any photographs or other documents for a personal injury claim.
3. Seek Medical Attention
All motorbike accident victims should seek out immediate medical attention for any serious injuries like broken bones, contusions, concussion or brain injury, and anything severe. Even for minor injuries, consult with a doctor. Internal injuries may not be obvious or visible, so having professional paramedics on the scene is highly advisable.
- Document Injuries
Having injury documentation, such as a doctor’s note on hand or a written statement from a nurse or member of medical staff, as well as any caregivers at home, can be useful in a motorbike accident claim to confirm the level of injury and how it may have affected your livelihood.
- Medical Records
It can be necessary to keep track of medical expenses from your provider as well as any other documents or scheduled checkups between yourself and a doctor, as well as prescribed medicine and other medical records that may document impact to your day-to-day life after a crash. Future medical costs can also be factored into a claims filing process for long-term injuries or disabilities.
4. Document Everything
Having copies of notes, invoices, and other information as well as photos or videos from the crash will be instrumental in gathering evidence and building a case for motorcycle claims.
- Keep Records
For accident reconstruction, it is necessary to hang onto copies and records of the accident for your attorney, as this information will be key to building a stronger case and get you a step closer to recovery.
- Track Expenses
Between motorcycle repairs, property damage, medical invoices, and possible lost wages, there are many expenses that a motorcycle accident may incur. It is important to keep track of these invoices as they may play a factor in calculating how much a settlement offer could be worth.
5. Understand Your Insurance Policy
After contacting your insurance company, it is expected to review the insurance policy so you understand what your coverage will handle. Insurance adjusters may conduct a damages assessment to estimate your claim. Insurers may try to lowball you or minimize your payout if they find evidence of rider negligence or failure to follow traffic and safety laws. They will also look at comparative fault, which is a legal concept in certain states where liability can be shared based on how much each party involved was determined to be at fault.
- Coverage
Most motorcycle insurance plans cover property damage, bodily injury, personal injury, and collisions. But many coverage plans vary, so understanding your policy is an important piece to the claims process.
- Third-Party Claims
A motorbike insurance claim can be filed with your own insurer, which is known as a first-party claim, or the other driver’s insurer, which is known as a third-party claim. Regardless of how you file, a claims representative will be assigned to you. A lawyer can assist in the insurance claim process and ensure that you are being fairly represented.
Consult an Attorney
At Omni Law, a Fort Lee personal injury lawyer will assist with filing a motorcycle accident claim and guide you through the court proceedings following an accident.
Our lawyers can undergo service of process, which is the procedure of notifying the other party of being served in the event of a lawsuit, and if necessary, our attorneys can offer litigation in court on your behalf.
Consult with a lawyer today and find out how much your motorcycle claim could be worth, and take your first steps toward recovery!