Motorcycle accidents often leave riders flat on their backs, and the days and weeks after a motorcycle accident can appear like a blur. Unfortunately, obtaining compensation is hard work, especially when a negligent motorist blames you for the collision.
At JustCallMoe, we represent accident victims in their quest to receive compensation. Call our office if you want to hold a negligent motorist accountable for crashing into you. A Winter Haven motorcycle accident lawyer can explain more about the claims process in a free consultation. Below, we review what to expect after a motorcycle accident and invite you to call our office if you have questions.
1. The Day of the Accident
Staying Safe
A motorcyclist can end up in the middle of the road after a crash, which is a disaster during rush hour traffic. Your first focus should be on seeking immediate safety. Get to the side of the road and help anyone else who was hurt, such as a passenger riding with you.
Reporting the Accident
Someone should call the police to report the crash. An officer will swing by and create a traffic accident report, which is an important component of any injury claim. The officer can also speak to witnesses who observed the accident. That’s helpful, especially when you are too injured to talk to them yourself.
Later, you will need to report the accident to your own insurer. You should do so within 24 hours. If you do not have insurance, then you can open a claim by calling the driver’s insurance provider.
Preliminary Evidence Collection
We recommend documenting what you can if you are not too shaken up. Evidence can include photographs of the vehicles involved and speaking with witnesses.
Emergency Medical Treatment
Medical treatment is necessary to stabilize your condition and improve the odds of making a full recovery. Motorcycle crashes can lead to major injuries, including concussions, fractures, spinal cord injuries, and paralysis.
Many motorcyclists need a lift to the emergency room in the back of an ambulance. Even if you are not in blinding pain, you should still stop by the hospital after finishing at the accident scene and talk about where you feel any aches or pains. A doctor can order tests to see the full extent of any injuries.
2. The Weeks Ahead
Questions About Fault
Motorcycle accidents are analyzed according to fault principles. Personal injury protection (PIP) insurance does not apply to motorcycles. If you were hurt, then you will need to seek financial compensation from the at-fault motorist.
Questions about fault are common after motorcycle accidents. A driver who struck you will probably blame you for cutting them off or for weaving between lanes.
Motorcyclists must push back on these accusations. Florida’s comparative fault law has become less favorable to plaintiffs over the past few years. Under the current law, you cannot receive compensation if you are more than 50% at fault for the collision.
Do not be surprised if you are blamed for the crash. Instead, call an attorney for help documenting your memories of what happened. Our firm can analyze all the evidence and make a strong case that your share of fault, if any, is minor.
Evidence Collection
Many accident victims struggle to find relevant evidence to use in their cases. After motorcycle accidents, they are in too much pain to visit the scene or track down witnesses.
You should call an experienced Winter Haven motorcycle accident lawyer for assistance. While you visit the doctor or rest at home, we can busily begin:
- Contacting witnesses to go over what they observed.
- Inspecting your motorcycle as well as the other vehicles involved in the crash.
- Visiting the accident scene to find and document road hazards which possibly upset your bike.
- Collecting medical records to help document your serious injuries.
This type of evidence collection takes time and effort, and injured motorists should focus on their health.
Ongoing Medical Care and Rehabilitation
Serious injuries require serious treatment. For example, a brain injury can prevent someone from walking normally. To recover, they must attend grueling rehabilitation.
Our clients should stick to their treatment plan to prove they are doing everything reasonable to get well. Medical records and testimony from your providers can also strengthen your injury claim.
How long will it take to recover? That will depend on the injuries, as well as your quality of care. We can expect relatively minor injuries to heal within a few months, but catastrophic injuries will probably never fully heal.
3. The Process for Receiving Compensation
Insurance Questions and Demands
Insurance companies will make many demands after an accident. They will demand that you fill out countless forms and provide information more than once. They will demand to know the names of every doctor you met with and the dates and times of your appointments.
Insurance companies will also request that you give a recorded statement about the crash and your injuries. This might sound like an innocent request, but we recommend avoiding any statement until you hire a lawyer. Some adjusters dig for information to use to undermine your claim, such as an admission you were tired while out on your bike or momentarily distracted. These admissions could be used later to justify offering less compensation than you deserve.
Financial Stress
Motorcycle accidents are expensive. There is no way around that fact. In addition to paying for medical care, many of our clients cannot work for months at a time, which increases the financial stress. We recommend setting aside time to fully understand your monthly expenses and possibly draft a budget. Your lawyer will fight to obtain compensation, but it takes time to settle.
Let Us Ease the Burden After a Motorcycle Accident
Few people know what to expect after a motorcycle accident. The above is only a general outline of some of the key milestones and considerations. Your case might be unique. For help with a claim, contact JustCallMoe and hire an experienced Winter Haven motorcycle accident lawyer.