Crash Your Motorcycle? Here's How To Protect Your Interests

4 November 2015
 Categories: , Articles


If your motorcycle has gotten into an accident that involves other people or vehicles, then you need to look out for yourself in more ways than simply checking for wounds. Legal and insurance issues can be just as damaging as medical ones in these cases, so it pays to know how to conduct yourself following a motorcycle accident. Here are some tips for getting through the entire post-accident ordeal as favorably as possible. 

Focus on the Facts

Call 911 to summon the police and any other necessary aid, even if someone else may have already done so, just to make sure local law enforcement arrives on the scene as soon as possible. When the police arrive, answer their questions, but don't volunteer any admissions of guilt or responsibility then and there -- just state the facts of the accident as you know them, and leave any interpretations to the authorities, the insurance companies, your motorcycle accident attorney, and (if it comes to it) the court system. If you're victim of a hit and run accident, do everything you can to file the incident as soon as possible, even if you have to be transported to a medical facility right away.

If you believe that the facts are on your side, by all means, gather as many of them as you feel physically up to gathering. Approach any witnesses and try to secure their contact information so their accounts can be added to the public record. It's also a good idea to carry a digital camera with you every time you ride your motorcycle. If an accident occurs, you can take picture or video of the entire scene, since this could very well prove critical to your legal case later.

Insurance Issues

It's important to notify both your insurance company and the company representing other parties in a timely manner when you plan to file an insurance claim. If you drag your feet in this regard, it might hurt the perceived legitimacy and urgency of your claim. But even before you set the insurance claim wheels in motion, your first conversation, after those with the police and medical personnel, should be with your motorcycle accident attorney. This professional can advise you as to what you should and shouldn't say to insurance adjusters. Adjusters working for the other side, for instance, who might be looking to catch you in an admission that reduces your monetary compensation. Such an admission can also come back to haunt you in court, whether it's based on the truth or just an impulsive statement on your part.

Fault vs. No Fault

Your motorcycle accident attorney can brief you on your state's laws controlling your ability (or the other party's ability) to seek compensation based on fault. If you reside in a "no fault" state, that means you'll be filing a claim with your insurance company, and that's probably the end of it unless you can establish that you've suffered additional damages not covered by this process, such as lost wages or pain and suffering. Your motorcycle accident attorney will determine whether you can prove such damages and help you make the necessary calculations.

If you live in a state where fault is assigned in vehicular accident cases, then you'll file your claim, not with your own insurance company, but with the other parties' respective insurance companies. The main thing the court looks at in assigning fault is which party or parties violated their "duties of care" (looking at intersections, allowing sufficient stopping distance, not speeding, etc.,) to the others involved. Even then, the rules for awarding compensation depend on the court's preferred method for finding comparative fault. For instance, if the court awards something called full comparative fault, then you can only sue for the percentage of the damages that were not caused by you. If the court follows the "50 Percent Rule," then you can't sue for damages at all unless you're found to be less than 50 percent responsible for the accident.

As you can see, there's no such thing as a "simple" motorcycle accident when multiple vehicles and drivers are involved. If you own a motorcycle, do yourself a favor and make the acquaintance of a reputable, experienced local motorcycle attorney. You may never need them, but if trouble strikes, you'll be glad you know where to turn!


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