In the United States, motorcycles represent just 3% of all registered vehicles and account for only 0.6% of total vehicle miles traveled. Despite this, motorcyclists contributed to 14% of all traffic fatalities, 17% of occupant fatalities, and 3% of occupant injuries in 2021.
If you've been in a motorcycle accident, you understand that dealing with the aftermath can be just as difficult as the crash itself. Motorcycle accidents often result in more serious consequences because riders are more exposed. Even if you did everything right, the impact can change your life. Recovering from injuries or coping with loss requires not only medical help but also a good lawyer.
The team at Stewart J. Guss Injury Lawyers is here to share their extensive knowledge and experience with you. In this article, we'll discuss what to do after the accident and how we handle insurance companies to ensure you get the compensation you deserve. We are dedicated to bringing you the best possible outcome and ensuring you have the support you need to recover.
Step One: Ensuring Personal Safety
After a motorcycle accident, your immediate priority should be to ensure your safety and those of others around you. Acting quickly and cautiously can prevent further harm.
Move to a Safe Area
If possible, get away from the traffic and the road; staying where cars are driving is dangerous. When your motorcycle can be moved safely without causing more problems, try to relocate it to avoid more accidents. However, if your bike can't be moved safely, do your best to stay out of harm's way and wait for help to arrive.
Check for Injuries
Check yourself for injuries. Look for any bleeding, pain, or broken bones. If you're with someone, ask them to do the same. Try not to take off your helmet or any protective gear unless necessary, as doing so could make any injuries worse.
Contact Emergency Services
Call emergency services immediately to provide your exact location and an overview of the accident. Report any injuries you or others have sustained. Stay on the line until the operator instructs you otherwise, and follow any given directions.
Step Two: Documenting the Accident
Proper documentation after a motorcycle accident is crucial in protecting your rights. Make sure to gather as much information as you can to accurately show what happened. This includes taking photos of the scene, getting contact details from any witnesses, and getting a copy of the police report.
Exchange Information
Immediately after the accident, ensure you exchange contact and insurance details with the other parties involved. Write down the following:
- Full names of drivers and passengers
- Phone numbers, addresses, and email addresses
- Insurer's name and policy number
- Vehicle details such as the make, model, color, and license plate number
- Driver's license numbers from all drivers involved
Photograph the Scene
Take comprehensive photos, including the following:
- Damage to your motorcycle from multiple angles
- Damage to other vehicles
- Road conditions such as skid marks, potholes, or road signs
- Any visible injuries you or others have sustained
- Environmental conditions such as weather, lighting, and traffic conditions
Gather Witness Contact Details
If there are witnesses, ask for their name and contact details. Politely ask if they would briefly describe what they saw, as recording these details will be invaluable for insurance claims or legal proceedings.
Step Three: Reporting the Incident
After a motorcycle accident, reporting the incident properly is crucial to ensure you meet all the legal and insurance requirements.
Notify the Police
When you're involved in a motorcycle accident, your first step should be to contact the local police immediately. If there are any injuries or significant property damage, it's crucial to have law enforcement on the scene to document the event. Provide them with clear information about what occurred, and obtain a copy of the police report for your records.
File an Accident Report
Some regions require accident victims to file a DMV report within a certain amount of time from the accident. For example, in Houston, Texas, accident victims are required to file an accident report with the Texas Department of Motor Vehicles (DMV) if the accident involves injuries, death, or property damage exceeding $1,000.
It is essential for individuals involved in such accidents to promptly report the incident to the DMV in order to comply with state regulations and ensure that necessary information is documented for insurance and legal purposes. Check your local DMV website for the appropriate forms and submission deadlines to avoid any legal complications.
Step Four: Legal Considerations
When you're involved in a motorcycle accident, it's crucial to understand the legal steps to protect your rights and interests.
Consult a Motorcycle Accident Attorney
After a motorcycle accident, it is crucial to seek the assistance of a lawyer due to the complexities and potential challenges involved in navigating the legal and insurance processes.
A lawyer specializing in motorcycle accidents can provide invaluable support in the following ways:
- Dealing with insurance companies
- Gathering evidence
- Determining liability
- Negotiating fair compensation for medical expenses, lost wages, and pain and suffering
Additionally, a lawyer can help protect the victim's rights and ensure that they are not taken advantage of by other parties involved in the accident, ultimately providing peace of mind during a difficult and overwhelming time.
A lawyer from Stewart J. Guss, Injury Lawyers, is particularly well-suited to handle motorcycle accident cases due to our firm's extensive experience and expertise in personal injury law. With a strong track record of successfully representing motorcycle accident victims, our lawyers possess in-depth knowledge of these cases' unique challenges and intricacies.
Our dedication to advocating for the rights of motorcycle accident victims, coupled with our commitment to providing personalized attention and support, makes us a highly reputable choice for individuals seeking legal representation after a motorcycle accident. Choosing a lawyer from Stewart J. Guss, Injury Lawyers, can provide peace of mind and assurance that your case is in capable and caring hands.
Understand Your Rights
You have rights that need to be protected after an accident. These include the right to:
- File an insurance claim: Contact your insurance provider to report the accident.
- Seek compensation: If the accident was not your fault, you may be eligible for compensation for damages and injuries.
- Remain silent: You are not obligated to provide a statement to the other party's insurance company without legal counsel.
Don’t Admit Fault
Even if you believe you may have contributed to the accident, it is crucial not to admit fault at the scene or to insurance adjusters. Statements made can be used against you, potentially impacting any legal proceedings or insurance claims.
It's crucial to understand that admitting fault prematurely can have significant repercussions. Always discuss the accident details with your attorney before making any statements or accepting fault. Your attorney can guide you in navigating the situation, protecting your rights, and ensuring that you handle the aftermath of the accident in a legally sound manner.
Simply put, seeking legal advice can help safeguard your interests and prevent any unintentional harm to your case.
Step Five: Handling Insurance Claims
After a motorcycle accident, navigating your insurance claims properly is crucial to ensure you receive the compensation you are entitled to.
Contact Your Insurance Company
Immediately following the accident, call your insurance agent or company's claim hotline. Be ready to provide basic information about the incident, including the time, date, location, and description of what happened. You'll receive a claim number and instructions on the next steps.
Review Your Policy
Carefully examine your insurance policy to understand what coverage you have. Look for details about the following:
- Deductibles: The amount you're required to pay out-of-pocket before insurance covers the rest.
- Coverage Limits: Maximum amounts your insurer will pay for different aspects of your claim.
- Exclusions: Specific scenarios or damages not covered by your policy.
Ensure you fully understand your policy's terms and any applicable deadlines for filing claims.
Record All Expenses
Maintain an organized file documenting all related expenses, such as:
Type of Expense
| Medical bills |
| Repair estimates |
| Other damages |
Document
| Receipts |
| Written quotes |
| Photos, logs |
This record helps substantiate your claim and ensures all costs are accounted for in your settlement.
Step Six: Choose Stewart J. Guss, Injury Lawyers, as Your Motorcycle Accident Attorney
If you’ve been injured in a motorcycle accident in Houston, securing the right legal representation is crucial. Stewart J. Guss, Injury Lawyers, stands out with a dedicated approach to assisting motorcyclists. You deserve a team that will fiercely negotiate with insurance companies and advocate for your rights to ensure you receive the compensation you need.
Why else should you choose us? We offer the following:
- Decades of Experience: Our team, led by Stewart Guss, has extensive experience in handling complex motorcycle accident claims.
- Client-Centric Service: You're not just a case number; expect to be treated respectfully and compassionately.
- Contingency Fee Basis: You won't pay any upfront fees; you only pay if we win your case. It’s our no-win, no-fee promise.
- Motorcycle Riding Lawyer: With Stewart's personal enjoyment and experience in motorcycle riding, there’s a profound understanding of the risks you face on the road.
- Free Consultations: Available 24/7 for a free case evaluation, and we’re here to answer any questions you may have.
Don’t hesitate to reach out. Our team is ready to provide the necessary assistance and legal support to guide you through this trying time and work towards the justice you deserve. Call us at 866-Trust-Guss (866-878-7848) to start your journey toward recovery and compensation.