Michael D. Kelly, ESQ 
After a motorcycle accident, your first steps should be aimed at getting to safety, seeking medical attention, and reporting the incident to the authorities. Once you call 911 and notify the authorities, it is time to gather the necessary evidence that will help you build a strong and legally valid claim. Don’t forget to alert your insurer about the incident. It is always a good idea to consult a motorcycle accident lawyer for expert advice and guidance.
Being aware of the immediate steps to take right at the accident scene can help you boost your motorcycle safety, avoid further traumas, and strengthen your personal injury claim in the future. Today, we’ll share with you an all-encompassing, legally tested post-accident guide that’ll help to protect the well-being and rights of motorcycle accident victims and recover rightful compensation!
Scan Your Body and Seek a Safer Spot
Your primary objective following a motorcycle accident is to ensure that you are as safe as possible, considering the conditions. Resist the urge to get up immediately. Perform a quick self-assessment: Can you move your limbs? Do you feel sharp pain or notice any bleeding? Adrenaline often hides serious injuries, so move only if you’re certain it’s safe.
If you are certain that you are physically able to move, try to get away from the chaos of the busy road. In case you are trapped under the vehicle or badly hurt, you should stay put and signal for help, if possible.
Call 911: Ask for Help and Create a Traceable Record of the Accident
Despite the visible scale of a motorcycle accident, it is always the right decision to report it straight away. Call 911 and share with the dispatcher all the details of the crash you can assess. Starting with the location, the number of people involved, and visible injuries, proceed to report if there is fuel leakage, fire risk, or any traffic obstruction.
While you should remain as precise as possible, avoid making any assumptions on the line. A 911 report can strengthen your motorcycle accident claim, but it shouldn’t contain any thoughtless stipulations. Everything you state in the initial report can be used by the insurance company against you later. If you don’t know the answer to the dispatcher’s question, just say that you don’t know.
Don’t Trust Adrenaline — Seek Medical Attention
There are countless instances when motorcycle accident victims rashly assume that they are fine, which can lead to serious medical and legal implications. Not all traumas are as obvious as broken bones. Traumatic brain injuries, internal injuries, or soft tissue damage may not be spotted by the naked eye. Only trained medical professionals can notice these symptoms in time.
Besides, a prompt visit to an ER or timely hospitalization creates a document trail that can’t be disputed by insurance companies. On the other hand, waiting too long gives the insurers a valid right to question such insurance claims. Delaying treatment gives insurers a reason to downplay or deny your injuries. Immediate care not only protects your health but also strengthens your motorcycle accident settlement with medical evidence.
Investigate the Motorcycle Accident Scene: Capture, Collect, and Confirm
Just like any other incident, a motorcycle crash can become the epicenter of chaos. However, a smart approach to the situation and detailed documentation of the scene will help you put everything in order. Take out your phone and create an all-encompassing record of the motorcycle accident you’re a part of:
- Start with the scene: Take as many quality shots of the crash sight as possible. Use a multiple-angle approach. Don’t leave out such important details as skid marks, traffic signs, road conditions, location, and even weather conditions.
- Zoom in on important details: A close-up picture of the sustained injuries, broken parts, and personal items will reflect the full scale and impact of the motorcycle accident.
- Interact with eyewitnesses: If there’s anyone at the scene who has seen the incident take place, talk to them and record their statements. Moreover, you can go as far as to ask for their contact details in case they need to testify. However, don’t pressure the witness.
- Talk to the authorities: When the police arrive at the scene, please speak with them as well. Not only should you provide your version of events, but also inquire about a copy of a detailed police report that officializes the situation.
While it may feel like a ‘true detective’ moment, it can save you a lot of implications when you go down the road of the legal process to pursue the fair compensation you deserve.
Exchange Contact and Insurance Details With Other Parties Involved
Despite how traumatic and unnerving a motorcycle accident can be, it is imperative that you try to keep your emotions under control and get the factual evidence you need. You should exchange your contact and insurance information with motor vehicle drivers or other parties involved in such an incident. Here’s the list of details to inquire about:
- Full names of everyone, even those who are only remotely or potentially involved. Ask for their ID card or any other official document to make sure that you spell everything right.
- Complete address and phone number. Verify that the provided information matches the information listed in the official documents.
- Driver’s license numbers and vehicle registration details. Double-check the information, too.
- Insurance provider’s name, policy number, and expiration date.
- Car details, including the make, model, and color.
IMPORTANT!
- Stay calm and avoid placing blame. Your initial emotions may be misinterpreted later, and you wouldn’t want that to disrupt your right to a fair settlement.
- If the other party acts aggressively, leave the task to the authorities. Try not to instigate and always act in your best interests.
Watch Your Words: Don’t Make Loud Statements
In fact, in the first moments after a motorcycle accident, motorcycle riders are advised not to make any statements at all, loud or otherwise. Surely, it is natural to want to explain what happened. However, even if you know your side of the story, you can’t see the whole picture clearly yet.
Whether you report the accident or collect information from drivers of the vehicles involved, don’t apologize or speculate. Even a polite “I’m sorry” might be misinterpreted as admitting fault. Limit what you say, and don’t speculate about what caused the crash.
Inform Your Insurer About the Motorcycle Accident
As you already know, motorcycle accident statistics are quite concerning. That is why the state of Massachusetts requires all motorcyclists to carry a mandatory insurance policy. Although different agents provide various services — some are mandatory, while others remain optional — all injured motorcyclists should report the incident to their insurer.
The faster you do so, the higher your chances of succeeding when you seek compensation that reflects your losses in full. When you talk with the insurance company representative, be honest and informative but brief. Keep in mind that most insurance providers prioritize their own interests over those of others. This means that a single slip during the conversation can result in a reduction in reimbursement for your damages.
Keep a Medical Treatment Diary
If you’ve never been in a motorcycle accident before, you may not know that every bandage, prescription, and scan matters. Medical expenses are often the core of a successful personal injury claim. That is why your medical journey should be thoroughly described. Here’s a list of aspects to record to maximize your future compensation:
- Doctor visits, hospital stays, and physical therapy sessions
- Medical bills for all the prescriptions, tests, surgeries, and other manipulations
- Receipts for out-of-pocket expenses spent on medical equipment, additional services, and even transportation to and from the hospital
- Personal notes on your well-being, physical pain levels, mental health effects, and their effect on your everyday life.
Introduce an Experienced Motorcycle Accident Lawyer Into the Case
All motorcycle accident cases are different. It may be challenging to find the direct path to a successful accident settlement without professional assistance. An experienced motorcycle accident attorney can become your best co-pilot on this ride through the maze of legal proceedings and insurance obstructions. Most law firms, such as Michael Kelly Injury Lawyers, now offer free consultations. All it takes is a single call to understand if you have a claim to pursue and which steps to take to ensure the most plausible outcome.
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Your Motorcycle Accident Claim Is on the Clock
While you may have already realized that filing a motor accident claim is often a complex legal process, there’s more. Every state has a locally-approved deadline within which to file a personal injury claim to recover compensation. If you fail to do so, you may lose your legal right to a settlement. In Massachusetts, the Statute of Limitation is three years from the date of the accident.
However, exceptions may apply. The conditions and consequences of the motorcycle accident can affect the timeframe. Sometimes, only an expert personal injury attorney can decipher the legal scriptures and win the case.
How to File a Motorcycle Accident to Turn it Into a Solid Claim?
Filing personal injury claims is often a complex process that extends beyond simply dealing with paperwork. As you are trying to recover both financially and physically, a well-prepared claim can either make or break the case. To ensure the most desired outcome, we suggest you take the following steps:
According to general Massachusetts law, every motor vehicle accident that involves physical injuries, a fatal outcome, or property damage exceeding $1,000 must be reported to the authorities within five days of the incident. A valid claim based on solid proof. That is why you should compile all accident reports, medical records, repair estimates, and digital evidence from the accident scene together. You can do it on your own. But your attorney can file the claim with the at-fault party’s insurance provider. Most insurers have online portals, but a lawyer ensures no crucial detail is missed. As the insurance company evaluates the case, they may request additional information, suggest settlement offers, or initiate denials. You should monitor the status of your case so as not to miss out on these critical moves. When an insurer makes even a seemingly lucrative offer, it is a good idea to consult an attorney to confirm that it isn’t a lowball offer that barely covers your losses. Don’t be afraid to deflect such propositions. Even if you don’t reach a favorable solution, you can take the case to court and resolve it there.
The Role of a Motorcycle Accident Lawyer: Is It Worth It?
As you decide to take legal action against the negligent party, you must realize that not only is a trained legal expert aware of all the nuances and intricacies of the local law system, but they can also see the opportunities you can’t. Here’s a list of non-obvious advantages of hiring a skilled lawyer in Massachusetts:
- Elimination of legal confusion: Legal jargon, as well as the other aspects of the law system, isn’t easy to understand if you don’t have expertise in the field. A trusted lawyer will explain all in simple terms so that you are never in the dark.
- Proper accident investigation: Physical injuries can interfere with your ability to gather evidence and build a solid case. That is where legal assistance comes in, too. Your attorney will reconstruct the scene, talk to witnesses, and assess every bit of available evidence to bulletproof the claim.
- Skilled insurance provider handling: A seasoned Boston motorcycle accident lawyer knows how to negotiate with insurers and deflect their lowball offers that will be coming your way.
- Proper case assessment: Some losses and expenses do not lie on the surface. A professional attorney will calculate all the damages, including past and future costs, to make sure that both sides of the claim — monetary and non-monetary — are included in the settlement.
FAQ
What Are the Immediate Steps to Take After a Motorcycle Accident?
The first step is to assess your condition and ensure the best available safety measures are considered, considering the situation. After that, you should report the accident and wait for the medics and law enforcement to arrive at the scene. Your well-being and legal rights are of utmost importance.
Do I Have to Exchange Information with Other Parties Involved?
It is advised to exchange contact and policy information with other drivers after a motorcycle accident. However, if you’ve suffered severe injuries or the other party is too hostile, you should leave it to the police.
Is There a Deadline to File a Personal Injury Claim?
Yes, there is a state-defined deadline to comply with. In the state of Massachusetts, you have three years from the date of the crash to file an injury case. Also, every accident that involves significant injuries or property damage must be reported to the Registrar within 5 days of the accident.
