Many motorcycle riders do not know what steps to take after involvement in a motorcycle crash. If you have been in a motorcycle accident, knowing what you must do is essential for your safety. Other than that, it is critical for evidence preservation and creating a basis for any possible legal claims.
That said, our skilled lawyers at Dallas Horton & Associates have compiled this comprehensive guide on what to do after a motorcycle collision in Las Vegas. Fault notwithstanding, knowing your legal rights and what steps to take are necessary for your safety and claim to damages. Contact us if you have questions or concerns, to learn more, or need help with your motorcycle accident claim or lawsuit.
What You Should Do After a Motorcycle Crash
The shock and adrenaline after a motorcycle collision can overwhelm you, making it challenging to think with a clear mind. Yet what you do during this time is essential for your and other people's safety. Here is what you can do to maneuver this period effectively.
Ensure Yours and Others’ Safety
The first thing you should do after involvement in a motorcycle accident is ensure you and other victims are safe. This is so you can avoid further injury and damage. You should:
- Evaluate your physical state: Before everything else, assess your physical condition. If you sustained injuries, try not to move to prevent worsening them. Even when you feel okay, remember adrenaline can prevent pain from manifesting right away; injuries may manifest once the adrenaline wears down.
- Move to safety: If you have not sustained severe injuries and doing so is safe, move from the road or any possible hazards. Securing yourself from more harm is essential. However, ensure your moving to safety will not tamper with the site of the accident for investigative reasons.
- Try helping other victims: After moving to a safe place, check on other people involved in the incident. These could be other motorcycle riders, pedestrians, or motorists. Help them if you are capable, but do not move anyone. Doing so may worsen their injuries if they have suffered serious ones.
Contact Emergency Services and The Police
After you have ensured your and others’ safety, call emergency personnel. Immediate communication with the 911 service ensures swift legal and medical help. Here is the effective way of making the call:
- Remain calm: Try staying composed. Clear communication ensures timely response.
- Give the exact location: Use GPS coordinates, road signage, or landmarks to describe where the accident occurred. The emergency team will need these to find you on time.
- Explain the emergency: Mention a motorcycle crash and state any noticeable hazards or severe injuries. These details help dispatchers send the right emergency unit.
- Follow dispatcher directives: The dispatcher may give guidance on steps to take until assistance arrives. Follow these instructions to ensure your safety and prevent any injuries from worsening.
Since you are already talking to the emergency dispatcher, it is crucial to stay on the call. Hang up only when the dispatch confirms you can do so. Staying connected can be essential for many reasons. For example, it enables immediate, real-time help, knowing the subsequent directives, and collecting information. It also helps in case the collision site worsens when on the phone.
Cooperate With First Responders
Once you have called 911, first responders will arrive where you are, and you must cooperate. Here is how you can effectively collaborate with first responders at a crash scene:
- Try making yourself accessible while staying out of their way. First responders need to evaluate the situation quickly. Thus, having access to the scene and the victims involved is imperative.
- When an emergency responder approaches you, offer brief and explicit details about the collision. Information on how the crash happened, the number of victims, and the severity of the injuries are critical. Tell the team immediately if you notice any victim in anguish or hurt.
- Follow all of the instructions. The emergency personnel might give safety instructions or directives to facilitate their response to the scene. This may include wanting you to move to a specific area or permitting them to give medical attention. It may also involve providing particular information for the initial report. Obeying these instructions accurately and promptly is crucial for emergency operations to be efficient.
- Avoid unwarranted interference. It is human nature to desire to assist. However, trying to help first responders without clear instructions may impede their efforts. Regardless of your specific skills, like medical training, you want to let the professionals do the job without interfering.
- Document for later. Once you have cooperated with first responders and it is appropriate and safe to do it, make notes regarding your interactions. Also, document the responders’ activity and other observations. The documentation will be helpful for legal advice, personal records, and insurance claims.
Document the Accident Scene With Notes and Photos
Ensure to document the accident scene with detailed notes and photos. Doing so helps organize the sequence of events before and after the incident. The pictures and notes will also be helpful when developing a solid case to claim damages. Here is how to document the crash scene:
- Photograph the scene: Use your phone or camera (if you have it) to take photos of the collision scene. Ensure to capture as much of the site as possible. The details you should capture include motorcycle damage, damage to other cars involved in the crash, and visible injuries. Also, photograph environmental factors such as skid marks, traffic signs, and road conditions. The objective is to have visual documentation that presents the scene correctly.
- Record vehicle information: Photograph the make, model, and license plate numbers of all cars involved in the crash. These details are critical for legal and insurance purposes.
- Gather contact information: Exchange insurance and contact information with other drivers. Write down their names, phone numbers, addresses, insurance policy information, and license numbers. If eyewitnesses were present, request their contact details too. This information may be helpful later on.
- Take notes: Apart from photographs, write your notes regarding the crash. Include the date, location, and time of the accident. Also include your narration of the events leading to the accident, road conditions, and other observations you could not capture in the photos. You will still have a fresh memory immediately after the accident. Make the best out of it to record this information.
Documenting the motorcycle accident scene with notes and photos is an essential step you should not overlook. It provides the foundation for a flawless claims process. It will also give the lawyers crucial evidence and help preserve your side of the story correctly for future preferences.
Seek Medical Assistance
The moments after a motorcycle crash can be confusing. However, obtaining urgent medical care is among the most crucial steps. Whether you believe you are hurt or not, having an immediate health assessment by a professional is essential for several reasons. First of all, underlying injuries like concussions or internal bleeding might not manifest on the spot. Seeking immediate treatment ensures you undergo the necessary treatment to avoid complications. Also, the medical report will be helpful when developing a solid motorcycle accident claim. Ensure the medical professional documents every injury.
The Steps You Can Take at the Accident Scene
If you can, contact emergency medical services. Or you can request someone else at the scene to contact them on your behalf if you cannot do it yourself. Paramedics can give you crucial first aid. They can then determine whether you must go to the doctor for more evaluation. If you have sustained severe injuries, going to the hospital might not be debatable. But if you can communicate, collecting contact details from motorists and witnesses can help your motorcycle crash claim or lawsuit.
Follow-Up Medical Care
After your first evaluation and treatment, ensure you schedule follow-up appointments with your doctor for a detailed exam. As mentioned, some injuries worsen or manifest days following the collision. Showing up at your appointments and complying with your healthcare provider's recommendations are critical recovery steps.
Documenting Injuries
Keeping a record of your injuries is essential in your recovery journey and motorcycle accident claim or lawsuit. Request your doctor copies of all medical bills, records, and reports associated with your crash. These documents should mention how severe your injuries were, the treatment you underwent, and the expected need for medical attention.
Documenting your medical journey is crucial. It becomes physical evidence of your injuries and the treatment necessary after the accident. The records are valuable when it comes to proving your insurance claim. It helps show you deserve to recover damages for lost wages, medical costs, and pain and suffering.
Treating and recording your injuries adequately protects your healing and your legal right to the compensation you deserve.
Call an Expert Personal Injury Lawyer
Motorcycle crashes often lead to more serious injuries and have more legal challenges compared to typical vehicle collisions. Understanding when to obtain the skills of a lawyer can be essential in sailing through these intricacies and recovering the damages you deserve. A lawyer will protect your rights and manage your case as it should. The following are instances when a motorcycle accident personal injury lawyer can be helpful for your case:
You Have Severe Injuries
If you have suffered severe injuries following a motorcycle accident, attorney representation is crucial. Severe injuries generally result in considerable medical costs, the need for long-term care, and substantial time away from work. A skilled attorney can ensure all past, future, and current bills are accounted for in your claim. This way, you will have ample time to recover from your injuries.
Dispute Over Liability
Motorcycle crashes can involve complex details and contradictory narration of events. In case of any dispute over who is to blame for the crash or if the liable driver’s insurer denies their client’s liability, an experienced lawyer can collect evidence to prove otherwise. This evidence may include witness statements, police reports, and photos from the accident scene.
Insurance Providers Offer Low Settlements
The liable party’s insurance provider may try settling claims hastily with a settlement offer far less than you deserve. Before agreeing to any settlement offer, let your lawyer evaluate it. If it is lower than you deserve, a skilled lawyer will negotiate for a fair settlement amount for you.
Complex Insurance or Legal Issues Arise
At times, motorcycle crashes involve intricate legal matters. These include collisions with uninsured drivers or claims that involve severe property damage. A lawyer specializing in motorcycle accident claims and lawsuits can navigate these intricacies and advise on the ideal steps.
You Are Unsure of How Much Your Claim Is Worth
Understanding your claim’s full value, including general damages such as pain and suffering, can be challenging. A lawyer can evaluate the degree of your property damage, injuries, and other losses to establish a fair assessment of your lawsuit or claim.
Facing Stonewalling or Delays from Insurers
Sometimes, you may face delays, refusal to pay a just settlement, or a lack of communication from the insurer. If that is the case, a motorcycle accident attorney can be essential. They can put the necessary pressure on the insurer to speed up your claim.
Assurance and Peace of Mind
Dealing with the aftermath of a motorcycle crash can be stressful. Retaining a lawyer will maximize your odds of favorable results. It also provides peace of mind, enabling you to concentrate on recovering while your lawyer handles the intricacies surrounding your claim or lawsuit.
Talk With Your Insurance Company
After the accident, inform your insurer about it as soon as possible. You can also ask your attorney to notify the company. Some insurance providers have applications where clients can upload statements and photos, but contacting them via phone is enough to open an insurance claim. Note that Nevada personal injury law gives victims up to 24 months to file an insurance claim, but you want to bring it sooner rather than later.
An insurance adjuster for the at-fault party’s insurance company might contact you. If they do that, avoid speaking with them and answering their questions. Instead, refer them to your lawyer.
Initiating an insurance claim is your first step in recovering damages for your losses, injuries, and damage to property. While this process is necessary, it can be complex and full of challenges. Knowing how to take on insurance providers can make the difference between winning and losing your case. Here are the steps involved in a claims process:
- Inform your insurer as soon as possible: You want to notify your insurer about the accident soon enough. Insurance policies generally stipulate that a victim must make a collision report within a particular time frame, often within twenty-four hours. If you postpone making this report, it can complicate your claims process.
- Give comprehensive details: When talking to the insurer, be ready to provide extensive information regarding the collision. Include the location, time, and date of the accident. Also, explain the collision, give the model and make of the involved motorcycles, and the injuries you suffered. Completeness and accuracy are key. If your report contains discrepancies, it can delay the claims process or even denial of the claim.
- Insurance adjuster and claim number: The company will give you a claim number after you report the collision. This number is essential for tracking all communications and details associated with your claim. The company will also assign you an insurance adjuster. This person will be the primary contact between you and the insurer as they process your claim.
- Remain proactive with follow-ups: The insurance claim process can be lengthy. However, you should maintain proactive communication. Routinely contact the adjuster to ask about the status of your claim and to submit any further documentation and information they require. Do not hesitate to ask questions about the process.
- Assess offers to settle with caution: If your insurer proposes a settlement amount, scrutinize it thoroughly before accepting it. Ensure it reimburses for all of your expenses and damages. If their offer seems insufficient, negotiate or seek legal counsel from an attorney before accepting.
Understanding Your Rights About Insurance Claims
Understanding your legal rights concerning insurance claims is imperative following a motorcycle accident. This knowledge will empower you. It will also pave the way towards recovering the damages you deserve for property damage, injuries, et cetera.
Initiating an Insurance Claim
It is your right to claim compensation from your insurer if involved in a motorcycle crash, the liable motorist’s insurance company, or both based on the facts of the collision and the existing coverage policies. You want to report the collision to your insurer as quickly as possible, complying with the stipulated policy deadlines to avoid risking your claim.
The Right to Just Assessment
You have the right to an unbiased and fair evaluation of your insurance claim. Insurers have the legal duty to thoroughly probe the facts surrounding the collision and assess the degree of your property damage and injuries. This entails considering your repair estimates, medical bills, and other losses you provide.
The Right to Attorney Representation
Among your most crucial legal rights is the capability to seek attorney representation. Consulting your lawyer can significantly affect the outcomes of your claim. The lawyer can guide you on how you can proceed with your claim. They can also assist you in:
- Gathering evidence,
- Negotiating with insurance providers and
- Protecting your rights.
The Right to Resolve Disputes
If the insurer’s settlement offer is unsatisfactory or you feel the company unjustly denied your claim, you can challenge this move. This can entail negotiating face-to-face with the company or undergoing mediation. If it comes to it, you can take legal steps. Understanding you have channels to resolve the existing dispute can give you control during this often frustrating process.
The Right to Information and Privacy
Throughout the process of your insurance, you are entitled to confidentiality and privacy. Thus, the insurer should not disclose your details and information about your claim. They must keep your data carefully, ensuring they use it only for claim processing reasons.
What You Should Not Do After the Accident
- Do not postpone seeking a medical assessment. Just because you feel okay does not mean you do not have severe injuries.
- Do not leave the collision scene before the police arrive or you exchange information. Leaving the crash scene can lead to legal consequences, including criminal prosecution.
- Do not admit liability, even when you think you are to blame. That would be unwise, as the insurance provider can use that against you. The company may use this information to deny your insurance claim. If witnesses or other involved motorists say you caused the collision, do not argue with them. Instead, advise them to talk with your motorcycle accident personal injury lawyer.
- Do not try settling your claim as quickly as possible. Understand that settling takes time, at times one or two years. Contact a lawyer for assistance with settling.
- Do not share any information or details of the collision on social media platforms. Many lawyers often request their clients to avoid posting anything on social media while their cases remain pending.
- Do not say you have not sustained injuries. Even when you seem only to have suffered minor scrapes or bumps, you may not know your actual condition after the collision. Shock may be blocking pain. Or an injury to the head might make you disoriented. As mentioned, many injuries do not show for hours or even days. If anyone asks whether you sustained an injury, say something like, ‘’I do not know and need a medical examination.’’
Find a Motorcycle Accident Personal Injury Attorney Near Me
A motorcycle accident case may be more challenging to settle than a collision between two vehicles. You may be up against biases against motorcyclists. Your insurance adjuster may not negotiate on a level playing field.
For these reasons, you need a motorcycle accident personal injury attorney. An experienced attorney will defend your legal rights and advocate for you. If you were riding per the law, you should have all the same privileges and rights as any other motorist.
Your attorney understands every personal injury law and how courts and insurers operate. They will ensure you receive fair treatment to recover the damages you deserve. If you have been in a motorcycle accident in Las Vegas, we at Dallas Horton & Associates can help you. Call us at 702-820-5917 for a free and confidential consultation.