What to Do If You've Been Involved in a Motorcycle Accident

Car accidents are scary enough, but when you add in the potential for serious injury due to a lack of protection while on a motorcycle, the situation becomes even more frightening.

Victims of motorcycle accidents may have a hard time seeking financial or recover compensation in such cases. The dangers of driving a motorcycle are known to most drivers. However, the injurious and sometimes fatal collisions caused by driver negligence can affect cyclists. The lack of protective outerwear that drivers use combined with certain weather conditions can make a deadly motorcycle accident scene. Drivers need to be aware of these dangers when sharing the road with motorcyclists.

If you've been involved in a motorcycle accident, the first thing you need to do is stay calm and assess the situation. Are you injured? Are other people injured? Is your motorcycle damaged? If you are able to answer these questions, then you can start thinking about what to do next.

In this blog post, we will discuss some of the steps that you should take if you're involved in a motorcycle accident.

• Don’t Leave the Scene of the Accident
• Try to remain calm.
• If you can, move your motorcycle out of the road.
• Call 911.
• Collect information from anyone involved in the accident.
• Get medical attention immediately.
• Take photos of any damage to vehicles or property.
• Report the accident and call your insurance company as soon as possible.
• Get legal help for your motorcycle accidents.
  

If you are physically able, stay at the scene of the accident until emergency personnel arrive, even if you feel like you aren’t hurt. If you leave and someone is injured, you could face hit-and-run charges.

Even if no one was hurt, it's illegal to leave the scene of an accident. Leaving the scene of an accident is illegal in most states and could result in jail time, fines and suspension or revocation of your license. It can result in civil penalties. But it could also be considered a felony in some states if someone was injured.

In Texas, for example, the charge for leaving the scene of an accident is a Class B misdemeanor. That can result in up to 180 days in jail and/or a $2000 fine.

On the other hand, if you’re involved in an accident with another motorist and they leave the scene, try to get their license plate number if possible. Also, take note of their make/model/color of their vehicle. If it’s safe to do so and there aren’t any injuries or other damages, move your vehicle out of traffic to avoid further accidents and wait for police to arrive.

If you're unlucky enough to be involved in a motorcycle accident, try to remain calm and think clearly. Your immediate post-accident actions will greatly impact the outcome of your medical treatment and insurance claims.

The adrenaline rush that comes with being involved in a motorcycle accident can be overwhelming, but it's important to try to remain calm. Your emotions can affect your ability to take the necessary steps after an accident, so try to keep anxiety at bay as much as possible.

Also, if there is any injured person, be sure to provide first aid if you are able or just try to keep them calm, out of any potential danger and wait for emergency personnel. If you are feeling overwhelmed or stressed, ask a bystander to help you until emergency personnel arrive.

If it's safe to do so and there are no injuries, try to move your motorcycle out of the way of oncoming traffic. Move it out of the road, or to a safer place. If you can't ride it there yourself, push it or ask someone else for help. If you can't move the bike at all and it's in harm's way — say, a blind curve — do your best to warn oncoming traffic by putting out flares (if you have them) or waving a bright piece of clothing. This will help prevent further accidents and congestion, as well as keep you safe.

Not only could an oncoming vehicle hit you while you're down, but if other vehicles are coming around the curve, they may not see your downed motorcycle and accidentally run over it or hit it themselves. This will just add more damage to your bike and create more problems for law enforcement when they arrive at the scene of the accident.

If you believe the other driver is at fault, collect information from them and any witnesses to the accident. This includes their name, phone number, insurance provider, driver's license number and license plate number.

Make sure you have all of your own information handy as well (name, phone number, insurance information), and take photos of both the damage to your motorcycle as well as the other vehicle or vehicles involved. If another person was injured in the accident, collect information from that person as well.

You must gather evidence and information as soon as possible after the accident because memories fade and evidence can disappear. The sooner you start compiling all of this information, the better your chances are of a successful outcome and a fair compensation.

Just the opposite, if you think you are at fault, you also shouldn't leave the scene of the accident. As we mentioned earlier, fleeing the scene of an accident can lead to criminal charges, a conviction, or seem guilty even if you weren't at fault.

If you're not sure who is at fault, it's best to stay put and wait for law enforcement. Leaving the scene can also make it more difficult to sort out who is at fault and who is liable.

In either case, it's best to speak with your own insurance company as soon as possible after the accident. They will want to know what happened and may have specific instructions for you. You might also consider hiring a personal injury lawyer or a car accident attorney to help with your case.

As with any auto accident, it's important to get seek medical attention no matter how minor your injuries may seem. This should be your top priority. Never assume you haven't sustained injuries, because adrenaline can mask pain and damage.

If anyone else needs medical attention, call 911 immediately. Otherwise, go to a doctor as soon as possible after the accident. Even if you don't have obvious injuries, some issues — like internal bleeding — might take time to become apparent.

Even if you believe that your injuries are minor, it is important to be examined by a physician as soon as possible after being involved in an accident. Some serious injuries can be delayed in symptoms or complications can arise later on. A medical professional will be able to assess your medical situation and provide treatment for your injuries if necessary.

This will also be important when it comes time to file an insurance claim or personal injury lawsuit. Insurance companies and the courts will want documentation of your injuries, treatment, and prognosis, so its better to keep all medical records and bills in one place.

Once you've taken care of your own injuries, collect information from the other driver and any witnesses. Take photos of any damage to vehicles or property, including a shot that shows the entirety of the accident scene from a distance. If there are skid marks, capture them in your photos. Take down contact information for anyone who witnessed the accident.

If you have a cell phone, take pictures or video of the The motorcycle crash scene. This can be helpful later on if there are any disputes about what happened.

Take pictures of the damage to your bike, other vehicles and yourself if possible. This is especially important if you plan on pursuing legal action against another party for damages or injuries sustained in the accident.

Remember, the sooner you start compiling evidence, the better your chances are of a successful outcome. So as soon as possible after the accident, begin gathering as much information as you can. This will include evidence like photos, video and witness statements.

Even if you're not sure who is at fault, it's best to report the accident and call your insurance company as soon as the accident occurred. They will want to know what happened and may have specific instructions for you. Leaving the scene can also make it more difficult to sort out who is at fault and who is liable.

As we mentioned previously and in other blogs, document everything and hang on to all the paperwork related to the accident and your physical health afterward. This will help if you need to pursue legal action in the future, and cover you in case of any disputes with the other party's insurance company.

In Texas, if you are involved in a motorcycle accident, you are not required to have insurance. However, if you are at fault for the accident, your personal assets could be at risk if the other party decides to sue. Texas follows a system of tort law, which means that the injured party can sue for damages. If you are found liable for damages, you could be responsible for paying for the other party's medical bills, property damage, and even lost wages.

If you are not at fault, your insurance company will likely cover the damages, but it's still a good idea to have uninsured/underinsured motorist coverage just in case. However, if you are injured in the accident, you may still be able to file a claim against the other party's insurance company, even if you do not have uninsured/underinsured motorist coverage.

This type of policy will protect you if the other driver does not have insurance or if their policy does not cover the full damages. Many uninsured motorist coverage and policies also cover hit-and-run accidents.

Texas also follows the contributory negligence rule. This means that even if you are only partially at fault for the accident, you may still be unable to recover damages from the other party.

You can read more about this in: How do you Determine Who is At Fault in a Car Accident?

If you have been injured in a motorcycle accident, it is important to seek legal help. An experienced car accident lawyer or motorcycle accident lawyer can help you navigate the legal process, file a claim, and get the compensation you deserve.

At the Law Office of Rolando Cantu, we have years of experience helping people injured in car and motorcycle accidents. We understand the complex nature of these cases and will work tirelessly to get you the compensation you deserve. Rolando Cantu is an experienced attorney who is passionate about helping people in his community through an attorney client relationship.

If you have been involved in a motorcycle accident, please contact us today for a free consultation. We will review your case and let you know what your legal options are.