Had a motorcycle accident and not sure what to do?
It’s overwhelming. You’re dazed, maybe injured, and insurance adjusters who only want to save their company money are breathing down your neck. Make one wrong move and your chances for fair compensation might be ruined.
Motorcyclists are 28 times more likely to be killed in a crash than vehicle occupants. With the stakes that high, you need to know which legal missteps to avoid after a motorcycle accident.
Here’s what’s covered:
- 6 reasons Motorcycle Accident Cases Are Different
- Top 10 Motorcycle Accident Mistakes
- 9 Legal Mistakes to Avoid After Your Motorcycle Crash
- When Should You Contact An Attorney?
6 Reasons Motorcycle Accident Cases Are Different
Motorcycle accident cases are not your average car accident claims.
They’re more complex, the stakes are higher, and insurance companies fight them harder. Why? Because serious injuries are common in motorcycle crashes and those injuries lead to higher payouts.
If you’re dealing with broken bones, a shattered leg, or worse you don’t want one rookie mistake torpedoing your case. But most riders don’t realize that small errors in the days and weeks following your crash can cost you thousands of dollars.
That’s why having an experienced motorcycle accident lawyer on your side is critical. I’ve worked motorcycle accident cases for over a decade and understanding the common mistakes riders make can mean the difference between a fair settlement and a goose egg.
Top 10 Motorcycle Accident Mistakes
What’s the #1 mistake that wrecks motorcycle accident claims?
Failure to get immediate medical attention. Hear me out. I know what you’re thinking. “But I feel fine! Don’t need no doctor.”
Every single one of my clients says that right after their crash. The adrenaline rush from a motorcycle accident is strong and can mask injuries. Internal bleeding, brain trauma, soft tissue injuries… these can take days to become apparent. By then it’s too late. If you don’t get checked out ASAP the insurance company will argue your injuries were from something else.
Adrenaline wears off and bam. You give the insurance company ammunition to deny your claim. They’ll tell the insurance company you’re faking it or your injuries didn’t come from the crash. Get yourself and your bike checked out by a doctor within 48 hours. It’s the most important thing you can do to protect your claim.
See also: Top 10 Motorcycle Accident Mistakes
9 Legal Mistakes To Avoid After Your Motorcycle Crash
The crash scene is where most riders make their most costly mistakes.
Here’s what you should never do at the scene of the crash…
Never admit fault. Do not apologize. “Sorry, I didn’t see you.” “My bad.” Leave it in your mouth where it belongs. Even if you think the crash was your fault, you don’t know all the facts.
And here’s the other dirty little secret…anything you say can and will be used against you. Insurance adjusters are trained to get you to say something that they can use to reduce or deny your claim. Even an “Oops” or a “My bad” can cause big problems later.
Don’t skip the police. Your instinct might be to deal with this privately. The other driver may even ask you not to call the cops. Don’t take it.
The police report is your most important piece of evidence at the crash scene. It documents the scene, contains witness statements, and often determines fault. Without a police report you’re fighting an uphill battle.
Evidence Collection: The Stuff Everyone Forgets
Collecting evidence is crucial to the strength of your claim. Yet most riders leave the accident scene with too little evidence.
Here’s what you need to do. Document the scene of the crash.
Take photos. Of your bike. The other vehicle. Road conditions, skid marks, traffic signs, anything. Lots of photos from multiple angles.
Witnesses. If anyone saw the crash, get their name and number. Witnesses are one of the most important types of evidence in your case.
Your gear. Don’t throw away your damaged gear. Helmet, jacket, boots, gloves. All of it is evidence. Keep it until your case is finished.
Evidence collection at the crash scene matters. The more you have, the better.
The Insurance Company Trap
Insurance adjusters are trained to minimize payouts.
It’s what they do and the recorded statement trap is one of their favorite tools.
You will get a call from an insurance adjuster asking for a recorded statement about your crash and injuries. They may say it will “speed up your claim.” In reality, they’re just looking for inconsistencies to use against you. Or some way to prove that you weren’t injured. You are NOT required to give a recorded statement. Once you say those words, they can be used against you for the rest of your case.
Politely decline and tell them to talk to your attorney.
The Statute Of Limitations Nightmare
The statute of limitations is a ticking time bomb for all personal injury cases.
If you run out the time to file your lawsuit, your case is over. Kaput. Done.
Every state has a statute of limitations for personal injury claims. In Pennsylvania, it’s two years from the date of your accident. But here’s the thing. You don’t want to wait until the last minute. Evidence disappears. Witnesses get cold feet. You forget important details. Waiting to get an attorney is a huge mistake.
Social Media: The Silent Claim Killer
Stop posting about your accident on social media.
You’d be shocked at the “innocent” posts that come back to bite riders in the rear. Facebook, Instagram, Snapchat. Anything can be used against you.
I mean it. Don’t post anything about your accident, injuries, or recovery on social media until after your case is settled.
The Settlement Trap
Never accept the first settlement offer.
Insurance companies know that motorcycle accident victims are in a tough spot. Medical bills are piling up. They can’t work. Money is tight. So the insurance company makes a lowball offer hoping you’ll take it.
But here’s what they won’t tell you. Accepting a settlement kills your case. You can’t come back for more money later.
First offers are almost always well below what your case is worth. Insurance adjusters get bonuses for saving the company money. A good attorney knows how to value your claim and negotiate for the money you deserve.
When To Get Legal Help
You should contact an attorney immediately after your motorcycle accident. Don’t wait a few weeks. Do it right away.
Why? Motorcycle accident cases are complex. There are specific laws, insurance policy issues, and legal strategies involved that most people don’t know. Let an attorney handle the complicated stuff. That way you can focus on what’s important… recovering from your injuries.
Plus, motorcycle accident attorneys work on contingency. You don’t pay anything upfront. They only get paid if you win.
Wrapping This Thing Up
Motorcycle accident claims are serious business. There were 6,335 fatalities in 2023 alone. The legal side of your case is just as important as the physical recovery process.
By avoiding these common mistakes – getting immediate medical care, not admitting fault, collecting evidence, not giving recorded statements, not missing deadlines, staying off social media, and not accepting lowball offers – you can dramatically improve your chances for a fair payout. But the biggest mistake of all? Thinking you can handle your case by yourself.
Get professional legal help early and protect your rights from the very start.
