Experiencing a motorcycle accident can be overwhelming, both physically and emotionally. Afterward, you may feel shaken, hurt, and unsure of what to do next. When life suddenly changes in an instant, it’s hard to know where to begin.
Motorcycle accidents frequently involve serious injuries and complex insurance processes, so knowing what actions to take afterward to support your recovery and legal standing is key to your physical and financial recovery.
Contact our Birmingham motorcycle accident lawyers today for a free, no-obligation consultation to discuss your case and legal options.
Steps to Take in the Days and Weeks Following the Crash
Ideally, after a motorcycle accident, you would collect as much evidence as possible at the scene—such as taking photos of the accident site, exchanging contact and insurance information with the other driver, and gathering witness statements if available. However, in the shock and confusion of an accident, it’s completely understandable if you weren’t able to gather everything right away.
Fortunately, you can still take important steps in the days and weeks following the accident to build a strong foundation for your case. By focusing on your recovery and organizing key information now, you can still protect your rights and support any potential claim.
1. Prioritize Your Health and Recovery
In the days following the accident, your health should be your number one priority. Even if you felt okay initially, motorcycle accidents can lead to injuries that become apparent only later. This can include anything from soft-tissue injuries to more serious conditions like internal bleeding or head trauma. Therefore, getting a comprehensive medical evaluation is essential.
- Follow Up on Medical Care: If you went to the hospital directly after the accident, follow up on any treatment recommendations. This could mean scheduling additional tests, visiting specialists, or attending physical therapy. Remember, some injuries common in motorcycle crashes, like traumatic brain injuries (TBI) or whiplash, may not show symptoms immediately.
- Document Your Pain and Limitations: Keep a record of your daily symptoms, including any pain, discomfort, or limitations. This can be valuable evidence later on if you need to pursue a claim.
2. Notify Your Insurance Company and File a Claim
Within a few days of the accident, you’ll likely need to notify your insurance company, as well as any other involved parties’ insurance providers. It’s critical to handle this step carefully.
- Be Cautious in Your Communication: Avoid downplaying your injuries or offering unnecessary details when you speak with insurance adjusters. Stick to the facts, and avoid giving recorded statements without understanding your rights. Insurance companies often try to minimize their payout, so it's wise to limit your communication to only what’s essential.
- Understand Your Coverage: Motorcycle insurance policies vary widely. Familiarize yourself with what your policy covers, such as Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. Knowing your coverage options can help you navigate medical bills and lost wages without unnecessary financial strain.
3. Collect and Organize Evidence
In the weeks following your accident, begin gathering all possible documentation and evidence related to your motorcycle accident. This can be invaluable should you need to file a claim or pursue legal action.
- Organize Photos and Videos from the Scene: If you took photos of the accident scene, damaged areas of your bike, and visible injuries, keep these in a secure, accessible location. If you weren’t able to take photos immediately after the accident, try to return to the scene (if it’s safe to do so) to capture images of the surroundings.
- Secure Witness Information: If any witnesses were present at the accident scene, reach out to them and ask for written statements regarding what they observed. Eyewitness accounts can strengthen your case by providing an objective perspective of the events that took place.
- Keep Track of Medical Records and Bills: Organize every medical document, including emergency room visits, follow-up appointments, prescriptions, and any therapies or treatments you undergo. This documentation can help establish the extent of your injuries and their impact on your life.
4. Track Expenses Related to the Accident
Accidents bring unexpected costs beyond medical bills, so keeping detailed records of all accident-related expenses is essential.
- Document Property Damage Costs: Whether you ride a sleek Ducati, a classic Indian Motorcycle, or a Honda Gold Wing, motorcycle repairs or replacement costs can be significant. Keep all invoices and receipts from repairs, towing services, and even temporary transportation expenses, like renting a vehicle or using rideshares.
- Account for Lost Income: If you miss work due to injuries, document any wages earnings as a result. Include any future income you may be unable to earn if the injury has long-term consequences. An employment record showing missed hours or a letter from your employer can substantiate your claim.
- Save Receipts for Other Out-of-Pocket Expenses: Injuries may require assistive devices, prescription medications, or even home modifications to accommodate limited mobility. Save all relevant receipts to provide a clear picture of how the accident has affected your finances.
5. Manage Communication Carefully
While it’s natural to want to share updates with friends and family, exercise caution when discussing the accident, especially on social media. Insurance companies and defense attorneys often monitor social media to find posts that could be used against you.
- Limit Social Media Activity: Avoid posting photos or comments related to the accident, your injuries, or your activities. Even posts unrelated to the accident, like vacation photos, can be misconstrued as evidence that you aren’t injured as seriously as you claim.
- Direct All Communications to a Professional: If insurance adjusters or representatives from the other party reach out, consider consulting an attorney before responding. The days and weeks after an accident are sensitive, and having professional guidance can prevent missteps that might compromise your claim.
6. Consider Potential Long-Term Effects
Motorcycle accidents can have a lasting impact, and it’s crucial to consider the potential long-term consequences of your injuries.
- Assess Physical and Emotional Recovery Needs: Motorcycle injuries can lead to chronic pain, mobility challenges, or even psychological effects, like anxiety or PTSD. Ensure that your treatment plan includes resources for both physical and emotional well-being.
- Think About Future Medical Costs and Lifestyle Adjustments: If you experience permanent limitations, you may need to adjust your living situation or vehicle to accommodate these changes. For example, making your home wheelchair-accessible or purchasing adaptive equipment for your motorcycle can be costly but necessary.
7. Know When to Seek Legal Help
Motorcycle accidents can be legally complex, and having an advocate on your side can ease the burden of dealing with insurance companies, hospitals, and other involved parties. An attorney with experience handling motorcycle accident cases can help you understand your rights, navigate the claim process, and determine whether pursuing legal action is necessary to secure fair compensation.
- Understand Your Right to Compensation: Every case is unique, and depending on the circumstances, you may be entitled to various forms of compensation, including for medical bills, lost wages, and pain and suffering. This is especially relevant if the accident occurred on interstates like I-65, I-40, or I-24, connecting cities like Birmingham, Memphis, and Nashville, where high-speed collisions are common.
- Identify Responsible Parties: Determining who is at fault is not always straightforward, especially in cases involving commercial vehicles, poorly maintained roads, or defective motorcycle parts. A lawyer can investigate the accident thoroughly to identify all liable parties, whether that’s another driver, a vehicle manufacturer, or a city municipality.
Compensation Available to Motorcycle Accident Victims
After a motorcycle accident, victims may be entitled to various forms of compensation to help cover their financial losses and support their recovery. This compensation, often referred to as “damages,” is generally divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages are intended to cover the direct financial losses resulting from the accident. These damages include:
- Medical Expenses: This covers current and future medical costs related to the accident, including emergency treatment, surgeries, rehabilitation, medication, and assistive devices.
- Lost Income: If the accident caused you to miss work, you can recover lost income. This may also cover loss of future earning capacity if the injury impacts your ability to work in the long term.
- Property Damage: Repair or replacement costs for your motorcycle and any other personal property damaged in the accident are typically covered under economic damages.
Non-Economic Damages
Non-economic damages are designed to compensate for the intangible effects of an accident, which can be equally impactful:
- Pain and Suffering: This compensates for physical pain, emotional distress, and the overall reduction in quality of life due to the accident and resulting injuries.
- Loss of Enjoyment of Life: If the injuries prevent you from engaging in hobbies, recreational activities, or daily routines, you may receive compensation for this loss.
- Emotional Distress: This covers the psychological impact of the accident, including anxiety, depression, PTSD, or other mental health challenges caused by the trauma.
Preparing a well-documented case that captures the accident's financial and personal toll can improve your chances of securing maximum compensation.
Compensation Available to Surviving Family Members After a Fatal Motorcycle Crashes
In tragic cases where a motorcycle accident results in the loss of a loved one, certain family members may be entitled to pursue wrongful death damages. These damages are designed to compensate surviving family members for both financial and emotional losses. They may include:
- Funeral and Burial Expenses: Covering the costs associated with laying a loved one to rest.
- Loss of Financial Support: Compensating for the income and benefits the deceased would have provided to their family.
- Loss of Companionship and Emotional Support: Recognizing the deep emotional impact and loss of guidance, companionship, and comfort for surviving family members.
Wrongful death claims aim to ease some of the burdens families face after such a heartbreaking loss, helping them find a measure of security and closure during a difficult time.
How to Find the Right Motorcycle Accident Lawyer for Your Case
Choosing the right motorcycle accident lawyer helps to ensure you receive the support and compensation you deserve. Here are key factors to consider when searching for the right legal advocate:
Experience with Motorcycle Accident Cases
Motorcycle accident cases come with unique challenges, from disproving biases against motorcyclists to understanding specific injuries common in motorcycle crashes. Look for a lawyer with substantial experience handling motorcycle accident cases and a record of successful outcomes for clients in similar situations.
Proven Track Record in Personal Injury
Seek a lawyer with a proven track record of securing favorable settlements and verdicts in personal injury cases. A lawyer who has successfully obtained compensation for clients—especially in high-stakes cases involving serious injuries—will have the skills and knowledge needed to fight for the maximum compensation you deserve.
Strong Communication Skills
Effective communication is key throughout the claims process. Choose a lawyer who listens to your concerns, explains your legal options in plain language, and keeps you informed every step of the way. A lawyer who is responsive and accessible will ease your concerns and help you feel more comfortable with the process.
Compassion and Dedication
Look for an attorney who genuinely cares about your recovery and well-being. A compassionate lawyer will prioritize your needs, handle interactions with insurance companies, and be committed to achieving the best possible outcome for you.
No Upfront Fees
Many reputable personal injury lawyers work on a contingency fee basis, meaning you only pay if they secure compensation in your case. This arrangement makes it financially feasible to access top legal representation without the stress of upfront costs.
Protecting Your Future After a Motorcycle Accident
The days and weeks after a motorcycle accident are critical to ensuring you recover as fully as possible—both physically and financially. Whether your accident happened on a Harley-Davidson touring bike, a Yamaha sport bike, or a Kawasaki cruiser, every step you take can make a difference in building a strong case if you decide to pursue compensation for your injuries.
Taking care of yourself, following up on medical treatment, documenting every detail, and carefully managing communications can safeguard your rights and provide the best foundation for your recovery.
At Cory Watson Attorneys, we understand the unique challenges motorcyclists face after an accident, and we’re here to help you pursue the justice and compensation you deserve. If you or a loved one was injured in a motorcycle accident, our compassionate and experienced legal team is here to stand by your side, advocating for you every step of the way.
Contact our motorcycle accident lawyers today at (866) 615-9297 or through our online form for a free, no-obligation consultation to discuss your case and legal options.