The freedom of the open road on a motorcycle can immediately turn into a nightmare if a crash occurs. While the initial reaction is often disorganized and complicated, the acts you do or do not do within the initial minutes have a frequently ill-timed legal consequence later on. The majority of bikers, being already traumatized and injuring themselves in the process, unknowingly make mistakes that can seriously compromise your right to compensation and your legal position. It is very critical to be conscious of such mistakes so that your rights are protected and your recovery process made easier.
1: Not Receiving Adequate Medical Treatment Promptly
One of the worst things to happen to a motorcyclist following an accident is failing or putting off going to see a doctor. Adrenaline, a powerful hormone that is released during traumatic crashes, can mask the extent of the injuries. What may initially seem to be minor aches in the region of the accident may turn out to be severe, debilitating diseases later on, like internal bleeding, head trauma, or spinal injury.
By receiving treatment late, the insurers have it as an opportunity to dispute that your injuries are not serious and that, to their worst fears, they were actually brought about by another cause and not the accident. Having a contemporaneous record of your damage at the scene to the incident makes an unfading record valuable in any subsequent claim. Do it for your health and hence your reputation as well.
- Apologizing or Apologizing on the Scene
During a state of being in shock and confused within the context of a collision event, apologizing or even trying to apologize for what happened is not so unexpected. But anything you do say on the accident scene, especially anything that might be interpreted as an admission of fault, can haunt you.
Even just saying “I’m sorry” can be used by opposing parties or their insurers against you to deny your claim. Be clear when speaking to police or the other party. Give only such facts as are specifically requested like names, telephone numbers, and insurance, and avoid speculating on what occurred and who may have been at fault. Let fault be determined by official investigation and the courts of law.
- Inadequate Documentation of the Scene
While police are generally supposed to make a report of an accident, it is not recommended to rely only on theirs. Experienced riders who are not too injured will have to attempt to fully record the scene for themselves. That is, take plenty of pictures from all possible angles, photo damage to vehicles road surface, skid marks, traffic lights, and any landmark visible.
Take down contact details of everyone involved, passengers, and most importantly of any independent witness. Witness testimony is extremely useful to corroborate your version of events, particularly since there is prejudice against bikers. The more details you are able to gather at the scene, the stronger your case will be.
- Giving Recorded Statements to Insurance Companies When You Lack an Attorney
Shortly after the accident, the insurance company for the other driver will call you, typically asking for a recorded statement. It may appear a nice thing to do, but it is where most bikers unintentionally undermine their own position. Insurance adjusters are trained to get you to say something and lower payment by your company, and innocent comments can be manipulated out of context or taken to create contradictions against you.
You don’t need to give a recorded statement to the other party’s insurance company before you even get to talk to an attorney. It is always preferable that your attorney do all of the communications with the insurance companies so that you’re protected in your rights and you do not unwittingly sabotage your claim.
- Postponing Legal Consultation
Time is usually of the essence after a motorcycle accident. Most states have fairly short statutes of limitation for a personal injury suit, and a failure to comply with those deadlines waives the right to receive an award altogether.
Other than deadlines, useful evidence disappears, witnesses forget, and the other party can repair or change so as to conceal fault. Waiting too long in finding a skilled motorcycle accident attorney is a costly mistake. An attorney will guide you through the complex maze of law, help with obtaining evidence, battle the insurance companies, and iron out all the paperwork just so and on time, greatly improving your chances for a positive outcome.
Conclusion
Being in a motorcycle accident is a tough enough experience, but avoiding these common legal pitfalls can be the difference of worlds for your recovery and quest for justice. By putting strong emphasis on your health, prudentness in the words you use to communicate, especially identification of the location, shunning premature contact with other insurers, and obtaining early representation, you position yourself to keep command of the legal consequences and obtain the compensation you deserve. Keep in mind that your behavior within those initial minutes following a collision determines the tone for your whole case.
