Fellow rider and attorney Carl Nagle knows what to do after a motorcycle accident. For many bike crash victims, they are badly injured and cannot handle these steps on their own. However, in some states (like North Carolina), if the biker is just 1% at fault for the accident, they have no right to collect from other drivers. Thus, it is crucial to take the following steps immediately to protect your legal rights.
1. Check for Injuries First
Before you do anything else, check yourself and others involved for injuries. If anyone is hurt, call 911 immediately. Your safety and health come first. If you can move safely, try to get to a safe area away from traffic. Once everyone is safe, you can start gathering evidence.
2. Call the Police
Always call the police after a motorcycle accident in North Carolina, even if it seems minor. A police report can be very helpful for your case later on. When the police arrive, give them an honest account of what happened. Remember, don’t admit mistakes or blame unless you are certain that you caused the accident. Police will write a Police Report, which will contain measurements, officer’s findings and citations, and other vital evidence. Make sure to ask for the report number and how to get a copy later.
3. Take Photos of the Scene
If witnesses are able to help or if you are able, take several photos of the accident scene. Here are some important things to capture:
- Motorcycle(s) Involved: Take pictures of any involved motorcycles from different angles. This helps show the damage and positions of the bikes.
- Damage to Other Vehicles: If another vehicle was involved, get clear shots of any damage.
- Road Conditions: Capture photos of the road, including skid-marks, crash debris, potholes, and any hazards that may have contributed to the accident.
- Traffic Signs and Signals: If there are stop signs, traffic lights, or other signals nearby, take pictures of them to show their position.
- Witnesses: If there are people who saw the accident, get their names and contact information.
4. Gather Contact Information
Make sure to collect contact information from everyone involved in the accident, including drivers, passengers, witnesses and the investigating officer.
5. Document Everything in Writing
Once you’re able to, write down your own account of the accident while it’s still fresh in your mind. Include as many details as you can, such as:
- Time and Date: When did the accident happen?
- Location: Where did it happen?
- Conditions: What was the weather like? Were there any road hazards?
- Events Leading Up to the Accident: Describe what happened just before the crash. This can help you remember the crash date and piece together the events that led up to the accident.
6. Look for Surveillance Cameras
Check the area around the accident for any surveillance cameras that may have captured what happened. This could be security cameras at nearby businesses, traffic cameras, or even nearby homes. If you find any, note their locations. Your motorcycle wreck attorney may be able to collect and preserve the video footage. In contested liability cases, this can be crucial evidence.
7. Keep Medical Records and Bills
If you retain a lawyer to present your injury case, they should gather all medical records and bills on your behalf. If you handle the case without a lawyer, you will have to deal directly with the insurance adjuster. Remember, the adjuster is paid to oppose your claims, and they will not do your homework for you. When dealing directly with the insurance company, you should collect and keep full copies of all medical records and bills. This paperwork will document your injuries and all medical care rendered during your recovery.
8. Stay Organized
Keep all the crash-related documents and evidence in one place. This includes photos, witness contact information, police reports, and medical records. Having everything organized will make it easier for your motorcycle accident lawyer to properly build and present your personal injury case.
9. Limit Social Media Posts
After an accident, we recommend either placing all social media on private, or at least minimizing any posts that relate to your accident or your life thereafter. Insurance adjusters typically check social media profiles to find information that could hurt your case. Avoid posting about the accident or your injuries until you’ve talked to your motorcycle wreck attorney. They can guide you on what to say and what to avoid. Also, avoid posting about parties, vacations, or other activities after the accident that can be shown to suggest that your injuries were trivial.
10. Seek a Free Consultation with an Experienced Motorcycle Wreck Attorney
Motorcycle accident victims with significant injuries should always talk to a victim’s rights personal injury lawyer as soon as possible. Even if you choose to handle your case without a lawyer, the consult is free and will help you understand all of your legal rights and options. In many states, there are limits on who can collect for motorcycle injury claims and how long their claims remain valid. Invest some time to speak with one or more attorneys to understand how insurance companies will seek to oppose your claims, and how to protect and enforce your financial and legal rights.
Summary:
Taking steps to gather evidence and protect your rights after a motorcycle wreck can feel overwhelming, but it’s crucial for your claim. By following these steps, you will be better prepared to collect full value for your crash claims, and you will minimize the chance that the insurance company underpays your damages. Remember, the steps you take early to build a winning case will help you whether you handle your case alone, or you decide to work with a motorcycle wreck attorney. Stay calm, be thorough, and focus on your recovery. With the right support and evidence, you can navigate this challenging time more easily.
