What To Do After A Motorcycle Accident 

September 15, 2024 | Thomas L. Stroble
What To Do After A Motorcycle Accident 

Another driver hit and injured you on your motorcycle, and you wonder what to do next and who to blame. A motorcycle accident attorney can provide vital legal advice when another person’s negligence injures you.

Keep reading to find out what you should do after a motorcycle accident. Talk to a motorcycle accident attorney in your city today for more information and a free consultation. They may assist with a claim and obtain compensation for medical expenses, pain and suffering, lost earnings, and more. 

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Motorcycle Crashes Are All Too Common 

Forbes reports 83,000 motorcycle crashes with injuries nationally in 2021, and 5,000 were killed. Unfortunately, motorcyclists comprise 14 percent of all traffic deaths despite being only three percent of all drivers. More people are riding motorcycles today to enjoy the outdoors and save on fuel costs. However, more severe injuries and deaths on motorcycles are occurring across the United States. 

What To Do After A Motorcycle Crash 

Motorcycle accidents with a car, causing both damages

Immediately after a motorcycle accident, you likely know to call the police and first responders to help anyone injured. But what should you do in the following days and weeks to ensure your health and future legal options? An experienced motorcycle accident attorney would recommend the following steps: 

Get Immediate Medical Attention 

A motorcycle accident is usually no joke. You may have slammed into another vehicle or stationary object because of someone’s negligence. Or, you had to lay your bike on the road, hit the pavement hard, and suffered an injury. Whatever the accident details, it’s vital to get immediate medical attention. 

There are two reasons. First, you can have severe injuries and not be aware at first. A motorcycle accident is immensely stressful, and your body is almost certainly flooded with adrenaline at the moment of impact. You may feel no pain whatsoever for hours, but don’t be fooled: Most motorcyclists suffered an injury in these accidents. 

You should proceed immediately to the ER and be looked over by a medical professional. They will note if you have injuries from an auto accident and treat them. Many serious motorcycle accident injuries may be pain-free for hours, even days, then take a turn for the worse. Common injuries are: 

Fast treatment may prevent your injuries from turning far worse. Make sure that you report any injuries or symptoms, no matter how minor you suspect they are. It’s especially critical to tell the doctor or ER staff of any of these after a motorcycle crash: 

  • Loss of consciousness during or after the crash, even for a few seconds
  • Loss of memory before, during, or after the crash
  • Feeling dizzy, disoriented, or confused
  • Feeling sleepy or extremely fatigued
  • Experiencing blurred vision, headaches, ringing in the ears, or slurred speech

Any combination of these can be signs of a severe concussion. It is a potentially grave injury that can have devastating outcomes, so seek immediate care. 

The other reason to seek immediate medical attention is to preserve your legal options. Getting fast medical care ensures that the at-fault driver’s insurance company cannot argue that you weren’t hurt after the crash. Delaying medical care by just a few days can jeopardize your claim. 

Report The Accident To Your Auto Insurance

Your auto insurance policy requires you to promptly report any accident on a covered vehicle. You should do so as soon as possible to ensure that you follow the rules of your policy. Many states, such as Michigan, have a no-fault accident policy, so your policy should cover the first few thousand dollars of your expenses (see more information below).  

However, in some instances, the liable driver’s insurance policy can cover additional damages if appropriate. It depends on the situation, and your motorcycle accident attorney is a critical source of information about this matter. 

File A No-Fault Benefits Claim 

Michigan’s no-fault insurance law requires you to apply for your no-fault benefits. It is also called a written notice of injury and must be provided to your auto insurance company. Applying for the accident is essential for safeguarding your rights to no-fault coverage. Benefits usually include: 

  • Medical bill coverage, up to policy limits
  • Lost income, up to policy limits
  • Mileage and transportation cost reimbursement
  • Attendant care services

You must apply for no-fault benefits within a year of the accident, but the sooner, the better. If appropriate, a car accident attorney can help you apply for no-fault coverage and explain your other legal options. 

Attend All Medical Appointments

You must follow your doctor’s treatment plan by attending all your follow-up appointments. You can, for example, have appointments with medical, physical, and occupational therapists. Insurance companies often claim that the injured motorcyclist didn’t follow up with their appointments and didn’t follow the treatment plan. Doing so can jeopardize your compensation and benefits. 

Don’t Deal With The Other Party’s Insurance Company 

This is what NOT to do, but it’s critical. Speaking to the other party’s insurance company without an attorney never ends well. The only purpose of their insurance adjuster talking to you is to minimize what they pay you. 

The other driver’s insurance company will likely take one of two angles if they call you. First, they will try to record your statement, hoping you will say something to ruin your claim. They’ll encourage you to take the blame or say you aren’t seriously hurt. Don’t fall for this trap. 

Second, they may know their driver caused the crash, and they can be on the hook for damages after your no-fault benefits are used up. They can offer you a pittance of a settlement, say $5,000, and cover your additional medical bills. It might sound good, but you don’t know your true injuries and damages, so how can you agree to a settlement? Please don’t fall for it. 

Always politely decline to speak with the other party’s insurance adjuster. Then, talk to your attorney and ask them to handle the matter. 

Speak To A Motorcycle Accident Attorney 

Only a motorcycle accident attorney has the skills and experience to maximize your compensation for your losses. The sooner you talk to an attorney after the motorcycle accident, the better. Some of the vital roles your attorney plays include: 

  • Collect accident evidence to prove fault: Your attorney knows the evidence necessary to prove another driver violated their duty of care and injured you. Critical evidence usually includes police reports, any photos and videos you have from the crash scene, surveillance footage if available, your motorcycle damages, eyewitness testimony, accident reconstruction expert analysis and testimony, and physical crash evidence. 
  • Accurately estimate your damages: You can be entitled to major compensation for current and future medical bills, past and future lost earnings, lost earning ability because of long-term disability, pain and suffering, and mental anguish. Your attorney works with medical, legal, and financial experts to estimate your damages so you have plenty of money for medical treatments and other losses. 
  • Oversees the case and communicates with insurance companies: Being seriously injured after a motorcycle wreck is emotionally and physically draining. Let the attorney deal with all of the case paperwork and insurance negotiations while you recover. 
  • Negotiate with the insurance company: Your motorcycle accident attorney will probably try to settle the case with the liable insurance provider. This process may involve several back-and-forth offers over several weeks, even months. Your attorney will update you on the offers and let you know if a fair one has been made. 
  • File a personal injury lawsuit and go to court: If settlement negotiations fail, your personal injury lawyer will represent you by filing a lawsuit and performing discovery

Ensure you hire an outstanding personal injury attorney with excellent results in motorcycle accident settlements and trials. Motorcycle accident law is complex and particular. You should have an attorney who can fight these complex cases and prevail. 

How Much For Your Motorcycle Accident Claim? 

Lodging motorcycle accident claim with insurance adjuster

All motorcycle accident claims are different; yours can be worth more or less than another. Only a personal injury attorney can roughly estimate your case value by examining the following factors in your claim: 

  • How severe your injuries are: Sadly, many motorcycle accidents cause severe head trauma, spinal cord injuries, shattered bones, amputations, etc. The more serious your injuries, the more the case is worth. 
  • The amount of medical care needed: Any severe accident with injuries will have more medical expenses than a minor accident. For example, if a car turns left in front of your motorcycle and you break your back in the crash, you can have hundreds of thousands in medical expenses. Your attorney will work with your doctors to understand your future medical needs, which can be six or seven figures. Your case value will reflect this fact. 
  • Policy limits of applicable insurance policies: Your compensation may be limited by whatever policy limits. Some states only require $30,000 of bodily injury coverage, which may need more to cover your full losses. 
  • Fault: If the fault is obvious, the case may be higher than if you were partially to blame. 
  • Your attorney: The skill of your motorcycle accident attorney and when they were hired may affect the case value. Retaining an experienced motorcycle crash lawyer as soon as possible after the crash is best. 
  • Whether the liable party was working at the time of the crash: Suppose a delivery driver was working when the crash happened. Their employer can be vicariously liable for serious injuries, and their insurance policy may provide higher coverage levels. 
  • Settlement or jury trial: A personal injury settlement may be agreed to by both parties to provide a partial case value to you in exchange for resolving the case and not suing. You may wind up with less than the full case value possible at trial. However, every jury trial is unpredictable, and you can lose. Taking a guaranteed settlement amount is often better than risking an uncertain trial. You probably have injuries and can’t work, so you need money sooner rather than later. Trials take time, which may not be on your side. 

Always talk in detail with your personal injury attorney to understand the potential value of your motorcycle accident case. 

Get More For Your Motorcycle Accident Settlement

You got seriously hurt after the accident, so you want to get more money in your settlement. If you take the advice mentioned here, you hired a personal injury attorney. That’s a huge help, and you also should take these steps: 

  • Do not delay medical care for one day: Get to the doctor or ER immediately after the crash. Even if you think you aren’t seriously hurt, you should have a doctor look at you. Your injuries can be much worse than you think. Few motorcycle accident victims walk away without injuries. You can have broken bones, various back injuries, joint injuries, internal bleeding, a concussion, etc. Being treated quickly ensures your health and preserves your future legal options. 
  • Talk to a lawyer: You are likely injured, but you don’t know the extent of your injuries and losses yet. It’s always best to speak to an attorney so you know your legal options if you need to file a claim against the other driver. The attorney won’t charge you upfront for their fees and won’t take the case if they don’t think you can get compensation. 
  • Disclose all information about injuries and the accident: Tell the police and attorney everything you know about the accident, and fully inform your doctors of all possible injuries and pains. Don’t try to hide anything about the case or take any injury too lightly. Everything is important and will influence any compensation you receive. 

Contact A Motorcycle Accident Attorney Today 

After a motorcycle accident, you can be overwhelmed with injuries and pain. Plus, you probably can’t go to work. Another party’s negligence shouldn’t prevent you from living life, so you should speak to a motorcycle accident attorney. You can receive compensation from the liable party to get you back on your feet. Speak to a Bloomfield personal injury lawyer in a free consultation to learn if you have a case.

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Thomas L. Stroble

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Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.

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