Motorcycle Accident Checklist
The sad facts are that if you ride, it is highly likely you will be in a crash at some point in the future. Or you have already been injured in a past spill. In the vast majority of cases, a spill on a bike will mean injuries to the biker. It is common knowledge that motorcycle riders are at risk for very atrocious wounds.
If you can keep it together and commit these tips to memory, you could mitigate some of the expected, negative consequences.
- Immediately preceding the accident, refrain from becoming agitated or freaked out. You must try and remain calm. Only then can you assess your physical situation. Afterward, you can attempt to shield yourself from a strike by another vehicle.
- Next, if possible, shield your injured passenger. If there is a clear and present threat, be a good Samaritan and attempt a rescue if you can do so safely. So if at all possible, evacuate the roadway and wait for help. If you can locate orange safety cones, flares or other marking devices, use them. Or find some other way to mark the danger zone to fellow travelers.
- The law requires that motorists involved in serious accidents, must trade evidence of driver’s license and insurance and not flee the scene of an accident with potential property destruction or injuries exceeding $500.00. If possible, gather witness info to give to your lawyer or the cops later. (try and make a diagram of the accident scene, noting the positions and identifying properties of each vehicle, street, and traffic sign in the vicinity – use your camera phone to take pictures).
- Make sure the CHP or other investigating agency prepares a detailed report that is 100% factual. In any serious injury accident, police will typically generate a narrative. These are particularly useful when negotiating with an insurance company.
- Take copious notes at the scene if you can. But never admit or confess anything. Demand your right to speak to an attorney if you feel you are unfairly questioned.
- Call an ambulance and hurry to the emergency room. This is so important so as to stabilize the victim who is probably high off of adrenaline. An MRI could reveal ruptured discs, and an X-ray may show a skull fracture. This may be happening while you “don’t feel a thing,” increasing the chances of worsening your injuries. So getting medical care remains numero-uno.
- Don’t blow the statute for filing a lawsuit: Filing a lawsuit is an arduous and procedurally complicated task. Waiting until the last minute could mean a rejection of your case by the court clerk on the very last minute to sue. If that happens, it’s on you. You lose.
- If the LAPD took the traffic report, you could wait 90 days or more to get a copy finally. Most other agencies have a 10-15 day waiting period. Pay, or have your attorney advance costs and obtain the report. Review for inconsistencies, and notify the officer and your lawyer of incorrect information.
The majority of rider collisions and tragedies are very dangerous. And this, coupled with the government’s failure to repair a road, and a negligent driver, there could mean multiple defendants. So this means there could be multiple insurance policies on the risk. In any case, and the unrepresented person is not in a good position to deal with clever insurance adjusters.
When a rider goes down, they can be confident that Ehline Law can handle all the angles, file the right documents, send the right letters, and make the right phone calls.
We are movers and shakers and want to be your rain maker. All you have to do is sit back and allow your body to repair. Let us handle the heavy lifting. Call us at (213) 596-9642.