What to Do After a Motorcycle Accident | Learn about your Legal Options

Motorcycle accidents are often catastrophic because motorcycles lack the protective metal shell and standard airbags of passenger vehicles. This is why you want to take the right steps following a motorcycle accident to protect your health, legal rights, and financial future.

At Morris Haynes, we are committed to helping our clients seek justice and receive the compensation they deserve for their injuries. Our team has compiled this guide of steps to follow after a motorcycle accident. We are to represent you and help you seek the compensation you deserve.

Steps to Follow After a Motorcycle Accident

If you have been involved in a motorcycle accident, following these steps can help you navigate the process:

Check for Injuries

Check yourself for injuries and do not move your motorcycle. This is not only dangerous if you’re injured, but it can also compromise the evidence at the scene. If you have a passenger and are able, check them for injuries as well. Medical experts advise against removing your helmet or any protective gear. A helmet can help to stabilize a fractured skull or cervical spine injury. If you take it off, it can make your injury worse.

Call 911 Immediately

Never let an at-fault driver talk you into settling your accident privately without involving the police. Call 911 right away. Inform the dispatcher of your location, the number of vehicles involved, and whether anyone appears injured. Request both police and emergency medical services (EMS). A formal police report is a vital piece of evidence for any subsequent legal or insurance claims. 

You should always seek immediate medical attention. When you are involved in a motorcycle accident, you have an adrenaline rush that can mask your pain. While you may not be feeling pain at the scene, it can surface 24 to 48 hours later. 

Some people experience delayed-onset injuries. These include internal bleeding and organ damage, traumatic brain injuries, and spinal cord trauma. To prove that these injuries were a result of your accident, you need medical documentation.  If you wait a week to see a doctor, the insurance adjuster will argue that either your injuries weren’t actually severe, or you were injured in an entirely unrelated incident after the motorcycle crash. Seeking medical care within hours establishes an unbroken medical link between the accident and your diagnoses.

Document the Crash Scene

If you are physically able or have a companion who can help, document the crash scene as best you can. Memory fades quickly, and emergency crews can clear away physical evidence, or weather can wash it away within hours. 

You’ll want to consider evidence such as:

• Your motorcycle: Document the exact damage points, the position of the bike relative to the road, and any fluid leaks.
• The other vehicles: Photograph the damage to the other cars, their license plates, and their final resting positions.
• The surrounding environment: Look for skid marks, debris fields, and any visibility obstructions, such as overgrown bushes or construction barriers.
• Weather and road conditions: Check whether the asphalt is wet, icy, or uneven. Any of these conditions may have played a role in your accident.
• Your injuries and gear: Take photos of scuffed helmets, shredded boots, and visible cuts or bruises.

Remember, capture anything you can that will help prove fault in your case. Do not only take close-ups. Take wide shots that show the entire layout of the intersection or roadway.

Exchange Essential Information

Interact politely with the other driver, but do not become overly talkative. Exchange information such as contact information, driver’s license number, insurance company, and policy number.

Do Not Admit Fault or Assume What Happened

When speaking with the other driver, bystanders, or police officers, stick exclusively to the objective facts. Do not apologize or admit fault in any way. These types of statements can be used against you down the road. This can not only impact any compensation you may be entitled to but can also jeopardize your case as a whole. Let the accident reconstruction experts determine fault based on physical evidence.

Look for Witnesses

If possible, look for witnesses as soon as possible. If anyone stopped to help or witnessed the crash, ask for their names and phone numbers. These innocent bystanders can help your case down the road.

Maintain an Injury and Recovery Journal

Since you can seek compensation for pain and suffering, it is important to keep a daily journal documenting your pain levels. Use a scale from 1-10, and also keep track of the tasks you can no longer do because of your injuries. Include the psychological impact of the crash and any anxiety or depression you may be feeling.

Why You Want a Lawyer Representing You in a Motorcycle Accident

Since there are so many moving parts to a motorcycle accident investigation, you want an experienced lawyer to represent you. Your attorney will focus entirely on your case, so you can concentrate on your injury and getting better.

You can count on your lawyer to:

• Conduct an independent investigation of the crash site
• Subpoena traffic camera footage, black box data from the striking vehicle, and cell phone records to prove the other driver was distracted or speeding
• Hire accident reconstruction experts, if needed, to show how the accident occurred
• Manage all communication with insurance companies
• Seek compensation to cover current and future expenses 

The team at Morris Haynes has the experience you can rely on in cases like these. We have represented countless motorcycle accident victims and are ready to take on your case.

A Closer Look at Fault and Liability in Motorcycle Accident Cases

Alabama is a “fault-based” state for motor vehicle accidents and injury claims. This means that injured victims must file claims with the at-fault party’s insurance company to receive any compensation. This is why it is vital to prove the other party was at fault.

In Alabama, there is also a contributory negligence rule. This means that an injured victim cannot recover compensation even if they are one percent at fault for the crash. Because Alabama imposes strict rules on fault and liability, it is important to have an attorney working with you. They can explain the rule to you and how it applies to your case.

FAQ

What are the most common motorcycle accident injuries?

Motorcycle accidents tend to result in common injuries such as broken bones, head injuries, and bruises.

How much more compensation do people get when they hire a lawyer?

While every case is unique, data show that injury victims who hire a lawyer recover significantly higher settlements than those who represent themselves. Even after a lawyer’s fee is paid, injured parties generally receive a higher settlement.

Is there a time limit for me to hire a lawyer and file a claim?

In Alabama, the statute of limitations for filing a personal injury or property damage lawsuit after an accident is 2 years from the date of the crash. However, you should not want to hire a lawyer. Physical evidence can disappear quickly. So, the faster you can hire a lawyer to handle your case, the better it will be for you.

The insurance adjuster offered me a check. Why can’t I settle this myself?

Insurance adjusters work for the insurance company, not you. Their job is to protect their company’s bottom line by minimizing your payout. Early settlement offers are almost always low figures. They are designed to close your case before you realize the long-term cost of your injuries. If you accept the check and sign the release waiver, you can not ask for more money in the future. If you have a lawyer working for you, they will assess all present and future costs to determine the appropriate compensation amount.

Contact Morris Haynes Today if You’ve Been in a Motorcycle Accident

The experienced team at Morris Haynes is here to help if you have been in a motorcycle accident. You can count on us to get real results. We have more than 250 years of experience, and it shows in each case we take on. Let us get to work for you. Call us today at 205-324-4008 to schedule an appointment, or reach out to us online. All initial consultations are free, so we can assess your case and determine the best path forward. We are here for you!