What Should You Do If You Are a Victim of a Motorcycle Accident?

September 3, 2024 | By Colombo Law

Motorcycle accident victims owe it to themselves to seek legal counsel in the aftermath of a crash. Too often, drivers on the road fail to exercise the proper precautions around motorcyclists. From not checking blind spots to driving over the speed limit, any number of careless behaviors can lead to a collision.

At Colombo Law, our motorcycle accident lawyers understand the trauma and uncertainty these accidents cause. If you or a loved one has been injured or killed in a motorcycle accident, we are here to provide the legal guidance, experience, and resources to help you take action and recover maximum compensation.

This starts with taking some specific steps in the moments, hours, and days following an accident. To get started with a FREE case review, call our experienced motorcycle accident attorneys today at 304-599-4229. Our lawyers serve clients in Morgantown and throughout West Virginia.

1. Get to Safety

Disorientation. Panic. Confusion. These are just some of the emotions that can overwhelm motorcycle accident victims in the moments following an accident. First and foremost, it is important—if you are able—to get to safety as soon as possible to ensure one accident is not compounded with another: This includes:

• Getting out of the road and away from oncoming traffic
• Keeping your gear on, including your helmet
• Moving your motorcycle out of the roadway without putting yourself in harm’s way

Once you are in a safe place, you will be able to collect yourself and assess the situation more clearly.

2. Call 911

As soon as you can, you should call 911 to report the accident. Paramedics will treat your injuries while the police will document the facts surrounding the accident (including the location, date, and time, along with the parties involved and some basic facts about how the accident occurred).

The other party may try to convince you to settle the matter without the police, but doing so is extremely risky and something we never advise.

3. Receive Medical Attention at the Scene

It is often difficult for motorcycle accident victims to assess the severity of their injuries immediately following an accident. You may be in a state of shock, your body flooded with adrenaline, as you process what took place.

As such, regardless of how you think you feel or the temptation to “shrug it off,” you should always receive medical attention after a motorcycle accident. In some cases, doing so can even play a role in your injury claim later on. If you decline medical treatment initially but then later seek compensation for injuries, the driver’s insurance company may argue that your injuries are not as severe as you claim.

4. Document the Crash

For the safety of others on the road, most accident scenes are cleaned up quickly. This can make it difficult after the fact to reconstruct the accident scene and determine how it took place.

If possible, try to document facts such as:

• Weather conditions
• The state of the road
• Damage to the vehicles
• The position of the vehicles on the road
• And more

Using your smartphone to take some photos and videos should suffice. Any evidence you can obtain at the scene is well worth the effort.

5. Get the Driver’s Information

Collecting the driver’s information will ensure you are able to contact them later on and file a claim for your damages. At the minimum, make sure you get their:

• Full name
• Phone number
• Insurance information
• License plate
• Driver’s license number

If the driver is argumentative or refuses to exchange information, do your best to get pictures of their vehicle and license plate so the police can track them down if they flee the scene.

6. Talk to Witnesses

While documenting the accident scene and gathering evidence can help establish how an accident took place, having witnesses who can corroborate what the evidence shows can be very valuable—especially if your claim ends up going to trial.

If you are unable to speak with witnesses due to your injuries, do your best to at least get their information so you or your attorney can contact them at a later date.

7. Get a Copy of the Accident Report

In West Virginia, the police must be notified of a crash if it results in any of the following:

• Bodily injury
• Death
• $1,000 or more in property damage

Once they submit their report, you should reach out to the police department to obtain a copy. The report will be used by the insurance company to determine liability.

8. Notify Your Insurance Company

While most people know to contact the other driver’s insurance company if they were not at fault for the accident, you should also contact your own insurer. There are a few reasons for this:

1. Your insurance company may help with repairing your motorcycle and/or medical bills if the other insurance company delays approval of your claim.
2. If the driver does not have insurance, it may be the only way to receive coverage.
3. Your insurance company likely requires notification of the accident.

You should expect the other insurance company to put up resistance to your claim, but your own insurance company may be a helpful ally if you inform them of the accident as soon as possible.

9. Receive Additional Medical Care

While immediate medical treatment is crucial, receiving follow-up care can be just as important. Some injuries can take longer to show symptoms, including:

• Traumatic brain injuries (TBIs)
• Neck injuries, such as whiplash
• Spinal cord injuries

In addition, you should always follow through with your doctor’s recommendations. Failing to do so is not only risky for your physical well-being but also for the viability of your compensation claim.

10. Contact a Motorcycle Accident Attorney

Finally, we recommend speaking with a motorcycle accident lawyer—especially if the accident was serious. An experienced attorney will be able to bear many burdens of the claims process, including:

• Gathering evidence and preparing your case
• Calculating the compensation you are due
• Working with expert witnesses
• Negotiating with insurance companies
• If necessary, representing you at trial

You can be sure that the insurance company is going to do whatever they can to pay you as little compensation as possible. Having a good attorney on your side will even the playing field to help you obtain what you need and deserve.

Colombo Law Can Help!

Because of how serious motorcycle accidents often are, it can make the claims process much more challenging than it would be in a car accident claim. When the costs associated with an accident are high, so are the stakes. The best chance you have to ensure your rights are protected is to pursue maximum compensation for your damages.

The motorcycle accident attorneys at Colombo Law are here to help. We have a long track record of success representing motorcycle accident victims. Our lawyers are compassionate, dedicated advocates for all injured West Virginias, and we will do everything we can to fight for justice on your behalf.

Contact Colombo Law Today for FREE.