What to do After a Motorcycle Accident in California

Immediately after a motorcycle accident in California, prioritize safety by moving to a secure location, if possible, and calling 911 for both medical and police assistance. Documenting the scene with photos and gathering witness information is also vital as it can help strengthen a potential claim.

However, it’s a bit more complicated than that, so let’s get into the nuances of your next steps.

Here’s exactly what to do after a motorcycle accident in California

Once the immediate danger has settled and you find yourself at the scene of a motorcycle accident, there are several critical steps you should follow to protect both your well-being and your legal interests.

These steps are not only essential for your health but also paramount in building a strong foundation for any potential legal action or insurance claims that may follow:

  • Seek immediate medical care

  • Report to the police

  • Gather evidence

  • Consult a lawyer

  • Notify insurance

  • Keep records

While those steps sound pretty simple, there's a lot more to each of them.

1. Seek immediate medical care

Even if you believe your injuries are minor, seeking immediate medical care after a motorcycle crash is paramount. Adrenaline often masks pain, so any injuries may not manifest right away. Seeking medical attention can help prevent any injuries from worsening and provide documentation for potential legal action.

Additionally, obtaining a medical report provides essential documentation that links your injuries directly to the accident, which is much needed when filing your claim and pursuing legal action. Remember to keep all medical bills, records, and receipts related to your treatment, as they will form an important part of your claim documentation.

2. Report the accident to the police

When law enforcement arrives at the scene, they will create an official accident report, which serves as a vital piece of evidence when dealing with insurers and potential legal battles.

This report will contain an objective account of the accident, including details about the involved parties, witness statements, and the officer's observations and conclusions regarding the incident. It's important to cooperate fully with the responding officers while also ensuring your version of events is accurately recorded.

If you're able, take note of the officers' names, badge numbers, and ask how you can obtain a copy of the accident report for your records.

3. Gather evidence

While still at the scene, and only if you're able to do so without risking your health, use your smartphone or camera to take detailed photos of the accident scene, including:

  • Shots of your motorcycle

  • Any other vehicles involved

  • Visible injuries

  • Any environmental factors (like road conditions or obstructions) that may have contributed to the accident.

 Additionally, if there are any bystanders or witnesses, ask for their contact information. A witness testimony further down the line can provide invaluable perspectives that differ from those directly involved and can be critical in establishing the facts of the accident.

Remember, the more evidence you can collect, the stronger your claim will be. However, prioritize your well-being first and foremost; if you're severely injured or it's unsafe to collect evidence, focus on your health and safety.

4. Consult a lawyer

An experienced California motorcycle accident attorney will offer invaluable advice on how to navigate the legal and insurance claims process, ensuring your rights are protected every step of the way. They can help interpret the often complex language of insurance policies and provide guidance on the most strategic actions to take for your specific situation.

They will also evaluate the details of your case, advising on whether you might be entitled to compensation for damages such as medical expenses, lost wages, and pain and suffering. They can negotiate with insurance companies on your behalf, fight for the maximum compensation you deserve, and prepare your case for trial if necessary.

If you're local to Southern California, get in touch with a Burbank motorcycle accident lawyer from our law firm today for a free consultation!

5. Notify insurance

Insurance policies often have specific time frames within which you must report an accident to be eligible for coverage. When you call your insurer, provide a factual account of the incident without admitting fault or speculating about the causes or outcome. 

It’s advisable to have your lawyer present during this conversation or to consult them beforehand to ensure you’re prepared for any questions the insurer may ask. This step is fundamental in initiating the claims process; however, it’s equally important to be cautious about the information you share.

Avoid detailed discussions or agreements with the other party’s insurance company without consulting your legal representative first, as this could inadvertently affect the outcome of your claim or reduce the compensation you’re entitled to.

6. Keep records

Maintaining comprehensive records after a motorcycle accident is essential for supporting your insurance claim and legal proceedings. Start by organizing all medical documentation, including hospital visits, treatments received, prescriptions, and any other healthcare-related expenses.

This also includes keeping a detailed diary of your recovery process, noting any pain, discomfort, or mobility issues you experience, as these personal accounts can significantly impact the valuation of your claim.

Additionally, compile all communication records related to the accident, such as emails and phone call logs with your insurer, conversations with your lawyer, and any correspondence with the other party involved. Keep a file of repair receipts for your motorcycle and any other property damages incurred from the accident.

The detailed compilation of these records serves not only as proof of expenses for reimbursement but also as a timeline and narrative of the impact the accident has had on your life. A well-documented case can expedite the claims process and ensure you receive fair compensation for your losses and suffering.

What NOT to do after a motorcycle accident

While it's good to know the right steps to take in the aftermath of a motorcycle accident, it's equally important to be aware of common pitfalls that can undermine your claim or legal standing. Understanding what not to do can help protect your rights and ensure the best outcome for your situation.

Leaving the scene

Leaving the scene of a motorcycle accident, especially when injuries or significant property damage have occurred, can have serious legal consequences and may result in criminal charges, ranging from misdemeanors to felonies. 

In California, leaving the scene of an accident is a serious offense that could result in one year in jail or a fine of $10,000. Additionally, not stopping can be considered a case of hit and run, which can carry even harsher penalties.

Admitting fault

Whatever you do, DO NOT ADMIT FAULT!

In the heat of the moment, it's natural to want to apologize or assume responsibility, especially if you believe your actions may have contributed to the accident. However, understand that the determination of fault involves considering all aspects of the incident, many of which may not be immediately apparent. 

Admitting fault prematurely can jeopardize your ability to claim compensation or defend against claims from other parties. It's best to limit your communications to factual statements about what happened without speculating on motorcycle accident causes or assigning blame. Allow law enforcement and insurance investigators to determine fault based on evidence and a thorough investigation.

If you're unsure what to do, contact an experienced motorcycle accident attorney to get the best possible advice. Our team is here for you 24/7!

Accepting early settlements without legal advice

Accepting an early settlement offer from an insurer without consulting an injury attorney can be a significant mistake. While it may seem appealing to quickly resolve the matter and receive compensation, early settlement offers are often much lower than what you may be entitled to.

They will aim to minimize their payouts, and without a legal expert’s evaluation, you might not fully understand the extent of your expenses and losses, including future medical costs, ongoing care, or long-term impacts on your earning potential.

A lawyer specializing in motorcycle accidents can negotiate on your behalf, ensuring that the settlement reflects the true value of your claim. They have the experience and knowledge to anticipate future needs that should be covered in your compensation, protecting you from financial shortfalls as you recover.

Skipping medical attention

Even if you initially feel fine, some injuries, such as internal bleeding or concussions, may not show symptoms immediately. Failure to have a medical professional evaluate you could result in the injury worsening or delay your recovery. 

From a legal standpoint, an official medical record immediately following the accident serves as crucial evidence linking your injuries directly to the accident. Without this documentation, insurance adjusters might argue that your injuries were pre-existing or occurred after the accident, significantly undermining your claim.

Posting on social media

In the digital age, social networks are an integral part of our daily communication, but sharing details after you've been injured in a motorcycle crash on social media can inadvertently harm your case. Insurers and defense attorneys often monitor claimants’ social media accounts for evidence that could contradict injury claims or suggest a different narrative of the accident.

Even seemingly innocent posts or photos can be misconstrued and used against you in court. For instance, a picture of you engaging in physical activity after the accident might be used to dispute the severity of your injuries, even if the activity was part of your medical rehabilitation.

Therefore, it's wise to refrain from posting any information, photos, or comments about your accident or recovery process online until your claim is resolved. Digital discretion ensures your legal rights are protected and prevents social media from undermining your motorcycle accident compensation case.

Delaying legal action

Delaying legal action after a motorcycle accident can significantly affect your ability to secure fair compensation. All states have statutes of limitations, which are deadlines for filing a lawsuit. Failing to act within these timeframes can permanently bar you from pursuing legal action against those responsible for the accident.

In California, for example, the statute of limitations for personal injury claims is two years from the date of the accident. While this may seem like ample time, gathering evidence, building a strong case, and negotiating settlements can be a lengthy process. Therefore, it's essential to consult with a lawyer as soon as possible to ensure your legal rights are protected.

Also, there are nuances to these laws, and certain exceptions may apply in specific situations. For example, if the accident involved a government entity, you may need to file a claim within six months. 

A working example

Consider the case of a motorcycle enthusiast named John Nazarian who found himself in an unfortunate accident on a bustling city street. The sudden impact left him dazed, and although he felt fine at first, he wisely decided not to admit fault or discuss the details with the other party involved.

Remembering the advice to avoid making immediate legal decisions at the accident scene, he refrained from accepting an early settlement offer from the insurance company without consulting a lawyer.

John also knew the importance of medical attention, so despite feeling no immediate pain, he visited the emergency room to get checked. This decision was crucial, as the doctors diagnosed a mild concussion that wasn't obvious to John at the time. He made sure not to post any details of the accident or his health on social media, understanding how it could negatively impact his case.

The next day, John contacted a personal injury attorney specializing in motorcycle accidents. His lawyer advised him on the importance of acting promptly to not exceed the statute of limitations for filing a legal claim in California. Together, they worked diligently to gather evidence, including CCTV footage of the accident, witness statements, and a detailed assessment of John's injuries and potential future medical expenses.

Here's a review from a client who was in a similar situation as John:

"Chris is an A+ attorney. My wife and I were hit by a drunk driver on the 134W, totaling our motorcycle. Fortunately, we survived and Chris guided us through a complex case, as the drunk driver hit 4 other cars after us, involving 6 parties.

Chris was kind, professional, honest, and patient. He knew his stuff, provided regular updates, and secured the maximum compensation from the insurance companies."

If you're in Southern California, an experienced Glendale motorcycle accident lawyer will have a free consultation with you and take the first step toward securing your rights!

Expert tips on negotiating with your insurance company

Navigating the negotiation process after a motorcycle accident requires both patience and tact: 

  • Understand the full extent of your injuries and damages before engaging in detailed discussions or accepting any settlement offers. Often, initial offers from insurance companies may not fully cover the long-term costs associated with your accident, such as ongoing medical treatments or loss of income.

  • Assemble a comprehensive dossier of documentation. This should include medical records, proof of lost wages, repair bills for your motorcycle, and any evidence of pain and suffering, like a daily diary detailing your recovery struggles. Remember, detailed evidence is your most persuasive tool in negotiations.

  • Always communicate in writing to maintain a clear record of all interactions. When speaking directly to insurance adjusters, remain calm and composed, sticking to the facts of your case without divulging unnecessary personal opinions or speculative details.

  • Should negotiations stall or if the offer remains unreasonable, consult with your attorney about the next steps. This could include mediation or, if necessary, escalating the matter to court. Your lawyer can leverage their expertise to advocate for your best interests, ensuring that you receive the maximum compensation to which you are entitled.

Remember, the goal of insurance companies is to settle claims quickly and economically. Equipping yourself with a strong legal strategy and patience can significantly impact the outcome of your insurance claim following a motorcycle accident.

The importance of emotional and psychological support after the crash

Beyond the physical injuries, motorcycle accidents can leave profound emotional and psychological scars on victims. Survivors may experience a range of feelings from shock and disbelief to anger and depression. It's not uncommon for these emotional responses to manifest into longer-term psychological conditions, such as post-traumatic stress disorder (PTSD), anxiety, and phobias related to riding or even driving.

The path to emotional recovery often requires professional intervention. Seeking help from a psychologist or counselor who specializes in trauma can be immensely beneficial. These professionals can provide coping strategies and therapeutic techniques to process the trauma, manage stress, and alleviate anxiety symptoms.

Additionally, support groups are invaluable resources that connect accident survivors with others who have endured similar experiences, fostering a sense of community and mutual support. Many national and local organizations offer resources specifically tailored to motorcycle accident survivors. Connecting with these communities can provide a sense of belonging and understanding, ultimately aiding in the healing process.

Remember, seeking emotional and psychological support is not a sign of weakness but rather a necessary step towards recovery after a traumatic event like a motorcycle accident.

FAQs

  • Yes, in California, you can still claim some compensation under the "pure comparative fault" law. Your compensation may be reduced by your percentage of fault in the accident, but you're not completely barred from seeking and recovering damages for your injuries and the harm caused.

  • In California, you have up to two years from the date of the motorcycle accident to file a personal injury lawsuit. However, if you're filing a personal injury claim against a government entity, you must file a government claim within six months from the incident date.

  • If the other driver involved was uninsured, you might still recover damages through your own insurance if you have uninsured motorist (UM) coverage. This policy is designed to cover medical expenses, pain and suffering, and lost wages that would have been paid by the at-fault driver's insurance.

  • The compensation from a motorcycle accident claim can include medical expenses, lost wages, property damage, pain and suffering, and punitive damages in cases of egregious negligence. The exact amount depends on the specifics of your case, including fault and the extent of your injuries and losses.

  • To prepare for your consultation with a motorcycle accident lawyer, gather all relevant documents, including the police report, medical records, proof of lost wages, and any communication with insurance companies. Prepare a detailed account of the accident and a list of questions you have for the lawyer.

    Contact us today at (818) 806-0844 to schedule your free consultation!