Tips to Strengthen Your Motorcycle Accident Case

Motorcycle accident cases are some of the most difficult to litigate. Motorcycle accident cases are often complex due to the nature of the injuries, the science involved in the accident and contributing factors that affected the accident. Some motorcyclists believe that there is a bias against them and they are judged more harshly than accident victims who were in passenger vehicles when they were injured.

Due to these complexities and complications, it is important that motorcycle accident victims be aware of their rights and take proactive steps to protect them. Some steps that a personal injury lawyer may recommend include:

Seek Medical Treatment

Many motorcycle accidents are very serious and may result in such injuries as head trauma, traumatic brain injuries, paralysis or fractures. An accident victim may be unconscious at the time that he or she is transported to an emergency room. It is important that he or she stay in the hospital for as long as his or her healthcare provider recommends. If a person is conscious at the scene, he or she should ask for medical transport and describe his or her injuries
to the emergency responder. Even if the motorcycle accident has been injured before and believes that the injury is not serious, it is usually prudent for him or her to seek medical treatment. This helps to establish the timing of the injury and the causal link between the accident and the injury.

Continue Medical Treatment

The accident victim should also continue his or her treatment regimen. They should obey all instructions given to them by their doctor, including staying off of work or foregoing certain activities until they are fully recovered. Before a motorcycle accident claim will settle, it is often required for the victim to have completed all necessary medical treatment in order to determine the appropriate amount of damages. Additionally, insurance companies often look for ways to deny claims or justify lower settlement offers, such as by blaming the plaintiff’s injuries on not following medical advice.

Call the Police

Even if you think the accident is not that important, call the police. This will help document the accident. Additionally, a police report may be prepared that contains important information, including information about the other driver’s vehicle, insurance and identity. It may also contain information about whether the other driver received a citation or observations that the police officer made.

Don’t Repair Your Bike

While this tip may seem counterintuitive, many personal injury lawyers recommend foregoing repairs. This is usually because the motorcycle is a big piece of evidence. It shows the seriousness of the accident. Additionally, accident reconstruction experts may be called to testify about the nature and severity of the accident, and the physical property can help establish this information. The damaged property can often assist in proving the veracity of the victim’s claim.

Take Pictures

If you are able, take pictures of the important evidence, including pictures of the damaged bike, the other vehicle, road signs and weather conditions. Also, ask your medical providers to document your injuries by taking pictures before and after important treatments.

Talk to Witnesses

If any witnesses saw the accident, ask for their names and contact information.

Keep Track of Expenses

Keep a list of all expenses related to the accident, including medical expenses, lost time from work and property damage. Provide this information to your attorney.

Avoid Social Media

Avoid talking about the accident on social media or other parts of the internet. Sometimes making posts or attaching pictures regarding the accident to the internet can compromise the victim’s case. Additionally, insurance companies may be on the lookout for information that is contrary to the victim’s assertions, such as signs that the motorcyclist is on vacation or taking part in dangerous activities when he or she claims to be disabled.

Talk to a Motorcycle Accident Attorney

Victims may wish to consider talking to a motorcycle accident attorney. He or she can advise the victims of the options in front of them. Additionally, a personal injury attorney can help explain the legal process and what to expect. Attorneys help prepare legal documents, negotiate with insurance companies and attend legal proceedings in order to represent their clients’ interest. They may suggest bringing in additional professionals to help substantiate the claim, such as accident reconstruction experts, economists or medical experts. It is important that an accident victim retain the services of an attorney who has experience in handling with motorcycle accidents.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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