What Do I Do After a Motorcycle Accident?
Injured in a Motorcycle Accident?
Here’s Your Roadmap to Recovery.
Being involved in a motorcycle accident can be a traumatic and overwhelming experience. In the aftermath, it’s normal to feel shaken, confused, and unsure about what to do next. Whether you’ve been in a minor collision or a more serious crash, there are important steps to take to protect your health, your rights, and your financial future. This guide will walk you through what to do after a motorcycle accident, providing you with the clarity and confidence you need to move forward.
Step 1: Check for Injuries and Get to Safety
Immediately after a motorcycle accident, the first and most important step is to check yourself and others for injuries. Motorcycle riders are especially vulnerable in accidents, and even if you feel fine, it’s crucial to assess your body for any signs of injury. Adrenaline can mask pain, so don’t rush this step. Look for cuts, bruises, swelling, and signs of broken bones, and take stock of how you’re feeling.
If you or anyone else is seriously injured, call 911 right away. It’s important to get medical attention as quickly as possible. Even if injuries don’t appear life-threatening, it’s better to be cautious and ensure everyone’s safety.
Once you’ve checked for injuries, move yourself and your motorcycle out of harm’s way, if you’re able to do so safely. Moving to the side of the road or a safer location can prevent further accidents, especially on busy roads or highways.
Step 2: Call 911
Regardless of the severity of the accident, it’s important to call the police to the scene. Having a police report is critical if you need to file an insurance claim or take legal action later on. When the police arrive, they will assess the situation, speak to all parties involved, and file an official accident report.
When speaking with the police, stick to the facts of what happened. Avoid admitting fault, even if you feel you might be to blame. Motorcycle accidents can be complex, and determining fault often requires an investigation of various factors. Let the police and insurance companies handle that part. It’s okay to be honest about what happened, but don’t make any assumptions about fault or liability.
Step 3: Gather Evidence at the Scene
If you’re able to do so safely, gathering evidence at the scene of the accident can be incredibly helpful. This information will be valuable if you need to file a claim with your insurance company or pursue legal action.
Here’s what you should gather:
Photos and Videos: Use your phone to take pictures or videos of the accident scene, including the damage to your motorcycle, other vehicles involved, and any visible injuries. Capture the surrounding area, road conditions, skid marks, and traffic signs.
Contact Information: Get the names, phone numbers, and insurance information of the other driver(s) involved in the accident. If there were any witnesses, ask for their contact information as well, since their testimony might be helpful later.
License Plates and Vehicle Details: Take note of the other vehicle’s license plate number, make, and model.
Police Report Number: Ask the responding officer for the report number, and write down the officer’s name and badge number. This will make it easier to get a copy of the report later on.
Gathering evidence right after the accident helps preserve details that might be forgotten or altered later. If your injuries prevent you from gathering information, don’t worry—you can rely on the police report and other methods to obtain necessary details.
Step 4: Seek Medical Attention
Even if you don’t feel hurt or think your injuries are minor, you should still see a doctor as soon as possible after the accident. Motorcycle accidents often result in injuries like whiplash, concussions, or internal injuries that might not show symptoms right away.
By getting checked out by a doctor, you ensure that any injuries are properly documented, which can be crucial for your recovery and for any insurance or legal claims. Be sure to follow your doctor’s advice, attend follow-up appointments, and keep all records of your treatment. These medical records can serve as valuable evidence if you need to file a claim or lawsuit.
Step 5: Report the Accident to Your Insurance Company
Once you’ve gotten medical attention, it’s time to notify your insurance company about the accident. Reporting the accident promptly is important because insurance policies often have deadlines for filing claims.
When you contact your insurance company, provide them with the basic facts of the accident, including the police report number and any evidence you gathered at the scene. Just like when speaking with the police, avoid admitting fault during this conversation. Also, be careful not to downplay your injuries.
Be prepared for your insurance company to ask for documentation related to the accident, including photos, medical records, and repair estimates. Cooperating with your insurance company can help move your claim forward, but remember that they might not always prioritize your best interests. If you feel unsure about dealing with the insurance company, especially if the accident was severe, consider consulting an attorney before continuing communication.
Step 6: Understand Your Insurance Coverage
California law requires that all drivers, including motorcyclists, carry insurance. It’s important to understand the different types of coverage that may come into play after a motorcycle accident.
Liability Insurance: This covers damages or injuries you cause to others in an accident. It’s required by law in California, and the minimum coverage includes $15,000 for injury or death of one person and $30,000 for injury or death of more than one person.
Uninsured/Underinsured Motorist Coverage: This protects you if you’re hit by a driver who doesn’t have insurance or doesn’t have enough coverage to pay for your damages. This type of coverage is optional in California, but it’s highly recommended for motorcyclists because of the increased risk of injury.
Medical Payments (MedPay): This optional coverage helps pay for medical expenses for you and your passengers, regardless of who was at fault in the accident.
Collision Coverage: This pays for damage to your motorcycle if you’re in an accident, regardless of who was at fault.
Comprehensive Coverage: This covers damage to your motorcycle from non-collision events, like theft, vandalism, or natural disasters.
If the other driver was at fault and has adequate insurance, their liability coverage should pay for your damages. However, if the other driver is uninsured or underinsured, or if the insurance company is disputing liability, your own insurance may play a bigger role. This is where understanding your coverage—and possibly seeking legal advice—can be helpful.
Step 7: Talk to a Lawyer
Talk to a motorcycle accident attorney. If you’ve been seriously injured in a motorcycle accident, you may need to consider legal action to recover compensation for your medical bills, lost wages, and other damages. While insurance can cover many of these costs, there are limits to what insurance companies will pay, and they may try to minimize your claim.
In California, you have the right to file a personal injury lawsuit if someone else’s negligence caused your motorcycle accident. Negligence could involve a distracted driver, someone violating traffic laws, or even a defect in the road or motorcycle itself.
What Can You Recover in a Lawsuit?
If you file a lawsuit, you may be able to recover compensation for:
Medical Expenses: This includes both current and future medical costs related to the accident, such as surgeries, hospital stays, rehabilitation, and medication.
Lost Wages: If your injuries prevent you from working, you can recover compensation for the wages you lost while recovering, as well as any future earnings you’ll miss out on if you can’t return to work.
Pain and Suffering: Motorcycle accidents often result in significant physical and emotional trauma. You can seek compensation for the pain and suffering caused by the accident and your injuries.
Property Damage: If your motorcycle was damaged or totaled in the accident, you can recover the cost of repairs or replacement.
Loss of Enjoyment of Life: Serious injuries can affect your ability to enjoy activities you once loved, like riding motorcycles, spending time with family, or even basic daily tasks. Compensation for loss of enjoyment of life accounts for these intangible losses.
It’s important to consult with an experienced motorcycle accident attorney if you’re considering a lawsuit. An attorney can help investigate the accident, negotiate with insurance companies, and fight for the full compensation you deserve.
Step 8: Be Aware of the Statute of Limitations
In California, you have a limited amount of time to take legal action after a motorcycle accident. The statute of limitations (SOL) for personal injury cases in California is generally two years from the date of the accident. This means you must file your lawsuit within this timeframe, or you risk losing the right to seek compensation.
However, if the accident involved a government entity, such as an unsafe road condition, city or state vehicle, the timeline to file a claim may be shorter—often just six months. If you’re unsure about the time limits for your case, consulting an attorney early on can help ensure you don’t miss any important deadlines.
Step 9: Focus on Recovery
After a motorcycle accident, it’s easy to get caught up in the legal and financial aspects of the situation. While these are important, your health and recovery should always be your top priority. Follow your doctor’s advice, attend any necessary physical therapy or rehabilitation, and take the time you need to heal.
It’s also essential to care for your emotional well-being. Motorcycle accidents can be traumatic, and it’s not uncommon to experience anxiety, depression, or PTSD afterward. If you’re struggling emotionally, don’t hesitate to seek counseling or support from friends and family.
Step 10: Stay Informed and Empowered
The road to recovery after a motorcycle accident can be long and challenging, but you don’t have to go through it alone. By staying informed about your rights, understanding your insurance coverage, and seeking legal advice when necessary, you can take control of the situation and ensure you’re treated fairly.
Remember, accidents happen, but they don’t define you. What matters is how you respond, and by taking the right steps after a motorcycle accident, you’re setting yourself up for a stronger recovery and a more positive outcome.
Step 11: Stay in Touch with Your Legal and Insurance Teams
If you’ve hired a lawyer to represent you in your case, make sure to stay in regular communication with them. Your attorney will guide you through the legal process, keep you updated on the status of your claim, and advise you on what actions to take. The same goes for your insurance company—if there are any new developments or if you receive additional medical bills, let them know as soon as possible to ensure your claim stays on track.
It’s crucial to be proactive in following up on your case. Don’t hesitate to ask questions or seek clarification on anything that feels confusing. Your attorney’s job is to advocate for your best interests, and staying involved helps ensure that your voice is heard.
Step 12: Learn from the Experience
While a motorcycle accident is undoubtedly a difficult experience, it’s important to reflect on what can be learned from it moving forward. This doesn’t mean blaming yourself—accidents happen for many reasons, and sometimes they’re completely out of your control. However, understanding what contributed to the accident might help prevent future incidents.
Were there certain road conditions that you didn’t anticipate? Were you unfamiliar with the area? Or was another driver distracted and at fault? By reflecting on these factors, you can take steps to protect yourself in the future, whether it’s choosing safer routes, making sure your motorcycle is always in top condition, or investing in additional safety gear.
Step 13: Embrace the Road Again—When You’re Ready
For many motorcycle riders, the thought of getting back on a bike after an accident can be intimidating. It’s natural to feel apprehensive or even scared, especially if the accident resulted in significant injuries. However, if riding is something you love, it’s important to give yourself the time and space to heal—physically and mentally—before getting back on the road.
When you do feel ready, consider taking steps to boost your confidence and ensure your safety. A refresher motorcycle safety course, investing in top-quality protective gear, and practicing in low-traffic areas can all help you regain your confidence. Remember, your well-being is the top priority, so don’t rush the process.
In Summary:
Get Safe
Call 911
Gather Evidence
Seek Medical
Talk to Insurance
Understand Insurance
Talk to Lawyer
Don’t Be SOL
Recover
Stay Informed
Stay in Touch
Learn
Get Back in the Saddle
Final Thoughts: You’re Not Alone
A motorcycle accident can be a life-changing event, but it doesn’t have to define your future. By following the steps outlined above—focusing on your health, gathering evidence, understanding your insurance, and seeking legal help if necessary—you can navigate the challenges that come with a motorcycle accident in a way that empowers you and protects your rights.
At the end of the day, you are not alone. Whether it’s your medical team, legal professionals, or your loved ones, there are people who care about your recovery and want to see you get back to doing the things you love. It’s okay to ask for help when you need it, and by staying informed, you’re already on the right path.
If you ever find yourself feeling overwhelmed, remember that taking things step by step, and leaning on the support available to you, will help guide you through. Motorcycle riders are resilient by nature, and though the road to recovery may be long, you have the strength to navigate it and come out even stronger on the other side. We’re here to help.