Atlanta Motorcycle Accident Attorney

What to Do at the Scene of the Accident: Steps to Take to Protect Yourself

The immediate aftermath of an accident is a scene you may not even remember. All accidents are traumatic, but when you are struck by a car or truck while operating your motorcycle, you’re at high risk of serious injury. You may even suffer additional injuries at the scene if you can’t get out of the way of oncoming traffic.

Having a plan in your mind before an accident is helpful because it often allows you to be better prepared. Here’s what to prioritize after a motorcycle accident:

• Moving to safety. The first thing you should do is move yourself to safety if possible. However, you should avoid moving if you are in extreme pain because you could have suffered a spinal cord injury or back injury that could be exacerbated by moving around at the scene.
• Documentation is crucial. The more information you get from the scene of a motorcycle accident, the better. In addition to obtaining information from the other vehicle’s operator, you should obtain the names and contact information of any witnesses. Snap pictures if you can, and note any traffic signals in the vicinity. Before you move your motorcycle, you should attempt to photograph the location and the damage it suffered.
• Contacting law enforcement. Make sure someone notifies the local authorities about the accident and advises them about injuries so EMS may be notified. Police at the scene will ask numerous questions. Use caution when answering. Make sure you ask for the name and badge number of the officer taking the report so you can obtain a copy of it later.
• Seek medical attention. If you are involved in an accident, you should immediately seek medical attention from either the closest urgent care facility or an emergency room. Chances are it will be nearly impossible to obtain a last-minute appointment with your own physician. Make sure you indicate you were involved in a crash involving a vehicle while you were operating a motorcycle.

As you can see, sometimes the information you obtain at the scene can be helpful later. The more information you have at your disposal, the better. There’s no such thing as too much evidence!

Motorcycle Accidents and Insurance Companies

You may think after a motorcycle accident that insurance companies are going to help. The sad fact is, nearly every insurance company is set up to place hurdles in your way and minimize your claim. From the minute the insurance adjuster contacts you following a motorcycle accident, they will begin to build a case for denying or minimizing your claim. Their bottom line is profit—the less they pay out in claims, the higher their profit.

Bearing that in mind, you should always be aware of what to avoid doing when talking to an insurance adjuster after a motorcycle accident. The adjuster will ask you several questions in an attempt to get you to admit total or partial fault, downplay your injuries, or label them as pre-existing conditions.

Some tips for dealing with insurance adjusters after an accident:

• Do not offer a recorded statement. Whether the adjuster asks you for a written statement or asks you to agree to make a “recorded” statement on the record, you should avoid doing so without consulting with an attorney.
• Do not answer questions pertaining to your injuries. A simple question such as how are you feeling can lead an adjuster to make note that you are “not as hurt as your records might indicate” if you say you are doing well, or fine. Remember, the more your injuries can be minimized, the less the insurance company pays in claims.
• Deny requests for records. Do not sign a medical release form without checking with an attorney. These forms are nearly always too broad, and rather than requesting medical records for only the injuries sustained during the accident, insurers look for pre-existing conditions that can “explain” your current injuries.
• Carefully assess any settlement offers. An insurance company may offer a quick settlement following a motorcycle accident. This is deliberate; adjusters know you are out of work and you are probably suffering some financial setbacks. Remember, if they make a quick offer, this is going to be on the low end of what you may be legally entitled to get for your injuries and other damages.

The more complicated your injuries are, the more likely it will be the insurance company attempts to get a quick settlement. The reason behind this is simple: As soon as you accept a settlement offer, the insurance company no longer has any liability. When you have suffered a serious injury in a motorcycle accident, your care and treatment could extend for months. This means if you accept an offer upfront, the insurer will only have to pay the initial portion of your medical bills and lost wages.

Always, always, always speak with an experienced Atlanta motorcycle accident lawyer before signing any documents or agreeing to any terms!

Your best bet is to leave it to the professionals and let us deal with insurance adjusters on your behalf.