What to Do After a Motorcycle Accident

What to Do After a Motorcycle Accident

Whether you're a rider dusting yourself off or a driver who just hit a motorcycle, what you do right after the crash can make or break your future. One wrong move could cost you. 

But don't worry–we've got your back.

We created this guide to steer you through the chaos that follows a motorcycle accident. We'll show you exactly what to do to protect your rights and maximize your compensation. Your future depends on these crucial first moves.

Feeling overwhelmed? That's completely normal. That's why Frankl Kominsky Injury Lawyers is here. We have decades of experience in motorcycle accident cases, and we're ready to fight for you.

Time's ticking on your case. Call Frankl Kominsky Injury Lawyers today at (561) 800-8000. Let's turn your crash into cash and get you back on the road to recovery.

Reporting and Medical Attention

Once the dust has settled, your first steps are to report the accident promptly and get medical attention. 

Here’s what you need to do:

1. Contact the Authorities:
   • File a Police Report: Always report the accident to the police, even if it seems minor. Law enforcement officers will document the incident, noting the parties involved, the nature of the accident, and any apparent injuries.
   • Obtain a Copy: Get a copy of the police report for your records and future legal proceedings.
2. Seek Medical Attention:
   • Immediate Medical Evaluation: Even if you feel fine or believe your injuries are minor, seek medical attention immediately. Some injuries, such as concussions or internal injuries, may not show symptoms right away but can be serious if left untreated​.
   • Document Your Injuries: Ensure healthcare professionals document all injuries. This medical documentation links your injuries to the accident and supports your compensation claims.
   • Follow-Up Care: Continue to follow up with medical professionals as needed. Consistent medical records help to establish the extent and ongoing nature of your injuries​​.
3. Notify Your Insurance Company:
   • Report Promptly: Inform your insurance provider about the accident immediately. Provide them with comprehensive details about the incident, including the police report number, accident details, and any injuries or damages​​.
   • Document Communication: Keep records of all communications with your insurance company, including emails, letters, phone calls, and any documents you send or receive from them.

Gathering Evidence

Now it’s time to start thinking about your legal case. You’ll need to gather evidence to make your case rock-solid. Proper documentation helps establish liability and supports your claims for compensation. Building up enough evidence is a lot of work, so we recommend hiring an attorney to help you with this.

Here are the key steps to gather evidence effectively:

1. Document the Scene:
   • Take Notes: Write down details about the accident, including the location, time, weather conditions, and any road hazards. Note down any immediate observations you have about the accident.​
   • Sketch the Scene: While your memory is still fresh, create a simple sketch of the accident scene, showing the positions of vehicles and any relevant landmarks or road features.
2. Collect Witness Information:
   • Get Contact Details: Politely ask any witnesses for their names, phone numbers, and addresses. Their independent accounts can be invaluable in legal proceedings and insurance claims​​.
   • Record Statements: If witnesses are willing, record their statements about what they saw. You can do this using your phone’s voice memo feature or by writing down their words.
3. Take Photos and Videos:
   • Photograph the Scene: Take clear pictures of the accident scene from multiple angles. Capture the positions of the vehicles, skid marks, road signs, and any visible damages​​.
   • Injury Documentation: Photograph any visible injuries you have sustained. This visual evidence can support your medical claims and show the severity of your injuries​.
   • Video Evidence: Record videos of the scene, if possible, to capture the overall environment and any dynamic elements that photos might miss.

Types of Compensation

After a motorcycle accident, understanding the types of compensation you may be entitled to is crucial for ensuring you receive adequate financial recovery. Compensation typically falls into three categories: economic, non-economic, and punitive.

1. Economic Damages:
   • Medical Expenses: This includes all medical costs related to the accident, such as hospital stays, surgeries, medications, physical therapy, and future medical expenses for ongoing treatment​.
   • Lost Wages: If your injuries prevent you from working, you can claim compensation for lost wages. This includes the time you’ve already missed from work and any future income you will miss due to your injuries.
   • Property Damage: Covers the cost of repairing or replacing your motorcycle and any other personal property damaged in the accident​​.
   • Rehabilitation Costs: Expenses for any necessary rehabilitation services, such as occupational therapy, to help you recover from your injuries​​.
2. Non-Economic Damages:
   • Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident and injuries. This is often calculated based on the severity and duration of your pain and suffering​.
   • Emotional Distress: Compensation for psychological impact, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which may result from the accident.
   • Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once loved, you may be able to receive compensation for this loss.
   • Loss of Consortium: If the accident affects your relationship with your spouse, such as loss of companionship or support, you and your spouse​​ may be entitled to compensation.
3. Punitive Damages:
   • Purpose of Punitive Damages: Unlike economic and non-economic damages, punitive damages are intended to punish the at-fault party for particularly egregious behavior and deter similar conduct​.
   • When They Apply: In cases where the defendant’s actions were especially reckless, malicious, or intentional. This could include cases of drunk driving or severe negligence​​.

Statute of Limitations

The statute of limitations is a critical legal concept that dictates the timeframe for filing a lawsuit after a motorcycle accident. Failing to file within this period can result in losing your right to seek compensation.

1. State-Specific Time Frames:
   • General Guidelines: Florida has a two-year statute of limitations for personal injury cases.
2. Exceptions and Extensions:
   • Discovery Rule: In some cases, the courts may extend the statute of limitations based on the discovery rule, which allows the timeframe to begin when the victim discovered the injury, rather than the accident date​.
   • Minors and Incapacitated Persons: Minors or individuals who became mentally incapacitated after the incident often receive exceptions. These individuals may have an extended period to file a lawsuit once they reach the age of majority or regain mental competency​​.
   • Government Claims: Different rules may apply if your accident involves a government entity. Typically, you must file claims against a government body within a shorter period, sometimes as short as six months​​.

Why You Need a Motorcycle Accident Lawyer

Hiring a motorcycle accident lawyer will significantly impact the outcome of your case. 

Here’s what you can expect from a motorcycle accident lawyer:

1. Initial Consultation:
   • Case Evaluation: During the initial consultation, the lawyer will evaluate the details of your case, including the accident circumstances, injuries sustained, and potential for compensation. This consultation is typically free of charge​.
   • Legal Advice: The lawyer will provide preliminary legal advice on the viability of your claim and outline the next steps in the legal process​​.
2. Legal Representation:
   • Gathering Evidence: Lawyers assist in collecting and preserving evidence, such as accident reports, medical records, witness statements, and photographs. They may also work with accident reconstruction experts to build a strong case​​.
   • Negotiating With Insurance Companies: Experienced lawyers handle communications and negotiations with insurance companies to ensure you receive a fair settlement. They understand the tactics insurers use to minimize payouts and can counteract these strategies effectively​.
   • Court Representation: If your case goes to trial, your lawyer will represent you in court, presenting evidence, questioning witnesses, and making legal arguments to support your claim.
3. Contingency Fees:
   • Payment Structure: Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee is typically a percentage of the settlement or court award, which incentivizes the lawyer to work diligently on your behalf​​.
   • No Upfront Costs: With contingency fees, you don’t need to worry about upfront legal costs, making legal representation accessible even if you are facing financial difficulties after your accident​​.

Common Legal Pitfalls to Avoid

Here are some common legal pitfalls to avoid to ensure you maximize your compensation after a motorcycle accident:

1. Admitting Fault:
   • At the Scene: Never admit fault at the scene of the accident. Even if you believe you may have contributed to the accident, wait for the official investigation to determine liability.
   • To Insurance Companies: Similarly, avoid making statements to insurance adjusters that they could construe as admitting fault. Insurance companies may use these statements to minimize or deny your claim.
2. Settling Too Quickly:
   • First Settlement Offers: Insurance companies often make low initial settlement offers in the hopes that you will accept them quickly. However, these offers may not cover all your expenses, especially if your injuries require long-term treatment​​.
   • Without Legal Advice: Always consult with a lawyer before accepting any settlement offers. A lawyer can help evaluate whether the offer is fair and negotiate for a better settlement if necessary​.
3. Social Media Activity:
   • Posting About the Accident: Avoid posting anything on social media, regardless of whether it pertains to the case. Insurance companies and opposing counsel can use these posts as evidence to undermine your claim.
   • Inconsistent Information: Be cautious of sharing any information online that might contradict your claims. They can misinterpret even seemingly innocent posts and use them against you.
4. Not Seeking Immediate Medical Attention:
   • Delayed Medical Care: Failing to seek immediate medical attention can harm your health and your legal case. Insurance companies may argue that your injuries are not severe or were due to something other than the accident.
   • Incomplete Medical Records: Ensure that healthcare providers document all your injuries thoroughly. Comprehensive medical records are essential for proving the extent of your injuries and securing appropriate compensation​​.
5. Inadequate Documentation:
   • Lack of Evidence: Failing to gather and preserve evidence can weaken your case. Document everything related to the accident, including photos, witness information, and police reports​​.
   • Incomplete Records: Keep detailed records of all communications with insurance companies, medical bills, and any other related documents. This helps ensure that you have the necessary documentation to support your claim.
6. Ignoring the Statute of Limitations:
   • Missed Deadlines: Each state has a specific timeframe for filing a lawsuit. Missing this deadline can result in losing your right to seek compensation. Be aware of the statute of limitations in your state and act promptly​.
7. Not Consulting a Lawyer:
   • Self-Representation: An experienced lawyer can provide invaluable guidance, negotiate with insurance companies, and represent you in court if necessary​​.
   • Choosing the Right Lawyer: Ensure you choose a lawyer with experience in motorcycle accident cases. Their expertise can significantly influence the outcome of your case.

Need Help? We’ve Got Your Back

Let's face it–a motorcycle accident turns your world upside down. But here's the good news: You don't have to face this alone.

Here's how we'll get you back on track:

• We'll dig deep to uncover every detail of your crash
• We'll go toe-to-toe with stubborn insurance companies
• We'll fight for every dollar you're owed–in and out of court

Don't let confusion or fear stall your recovery. Your future is riding on this, and time is ticking.

Ready to shift gears? Let's talk. Call Frankl Kominsky Injury Lawyers at (561) 800-8000 now.

The right moves now lead to a smoother road ahead. Let's get you back in the driver's seat of your life.