It’s the day after your motorcycle accident, and you’re probably feeling a whirlwind of emotions. Maybe you’re in pain, feeling overwhelmed by what happened, or unsure of what steps to take next. You’re not alone, and it’s okay to feel this way. The most important thing right now is to prioritize your recovery while making sure your rights are protected moving forward.
Whether you’re dealing with physical injuries, worried about how to handle bills, or uncertain about how to deal with insurance companies, below is an overview of the steps to take. Most importantly, know that you don’t have to face this alone. An experienced motorcycle accident lawyer can guide you through the process, taking on the legal and insurance challenges so you can focus on healing.
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First Things First: Your Health Comes First
If you didn’t already go to the doctor after the accident, now is the time to make it your top priority. Even if you feel fine or think your injuries are minor, you need to get a thorough medical examination for two reasons.
- Some Injuries Can Be Delayed: Adrenaline after an accident can mask pain. Internal injuries, concussions, whiplash, and even small fractures can take time to become apparent.
- Medical Records Are Key Evidence: If your accident leads to compensation claims, medical documentation will be a part of proving your case.
Make an appointment with your doctor or visit an urgent care clinic as soon as you can. If paramedics treated you at the scene or you went to the hospital, follow up with your primary care physician or any specialists recommended. Stick to their treatment plan, whether that means physical therapy, medications, or further tests.
Take Note of What Happened
Now that you’re past the immediate chaos of the incident, it’s time to reflect on the details of what happened. Chances are, you’re starting to have a lot of questions, like “What does this mean for my insurance?,” and “Do I need legal help?”
The good news is that you don’t need to have all the answers right now. This is where an experienced lawyer can step in and take a huge weight off your shoulders. They can investigate the accident, determine who was at fault, and guide you through your next steps.
Write Down Everything You Remember
Details fade quickly. If you haven’t already, take some time today to write down everything you can remember about the accident. Where were you headed? What did you notice just before the crash happened? What were the road conditions like? Who was there? Your memory, combined with physical evidence, will help build a strong legal case.
Check for Any Photos or Notes
Did you or someone else take photos of the scene after the accident? If you did, review what you captured to make sure you have pictures of the following:
- Damage to your motorcycle
- Damage to any other vehicles
- The road or intersection where it happened
- Any injuries, like cuts or bruises
If you didn’t take photos at the time, don’t worry. A motorcycle accident lawyer can help gather evidence after the fact by securing police reports, surveillance footage, or other documentation.
Notify Relevant Parties
If you haven’t yet, take care of the necessary notifications today.
1. Report the Accident to the Police
Even if a report was filed at the scene, getting a copy for your records can be useful for insurance claims and legal proceedings.
2. Notify Your Insurance Company
Your insurance provider likely requires you to report the accident within a certain time frame, so it’s better to contact them early. When you do, stick to the facts. Share the basic timeline and details of the accident, but don’t speculate or admit fault.
3. Inform Your Employer, if Necessary
If your injuries have impacted your ability to work, make sure to notify your employer. This could be important for your own benefits and may also play a part in seeking compensation for lost wages later.
Don’t Worry About Handling Insurance Alone
One of the most stressful parts of dealing with a motorcycle accident is communicating with insurance companies. Unfortunately, insurance adjusters often prioritize minimizing payouts, even if you deserve much more for your injuries and losses.
The good news? You don’t have to deal with insurance companies at all. An experienced motorcycle accident lawyer can take over every aspect of these communications, negotiating on your behalf to ensure you receive the full compensation you’re entitled to. Having an attorney means you won’t need to worry about making a misstep or accidentally compromising your claim.
Why the First Offer Is Usually Too Low
Many accident victims receive a settlement offer shortly after reporting their case to insurance. This can feel like a quick solution, especially when you’re dealing with medical bills and other expenses piling up. However, these offers are often much lower than what your case is truly worth, and accepting one may cut off your ability to pursue additional compensation later.
A motorcycle accident lawyer will assess the full value of your claim, taking into account factors like ongoing treatment costs, lost wages, and emotional impact. With their help, you’ll have a much better chance of securing a fair outcome.
Focus on Your Recovery
One thing to keep in mind right now is that your top priority is your recovery, not handling your case. Delegating the legal and administrative work to a team that knows what they’re doing will allow you to focus on healing physically and emotionally.
While you rest, remember to document your recovery. Keeping a journal of your symptoms, physical limitations, and emotional state can help illustrate how the accident affected your life. This personal record becomes a valuable piece of evidence when calculating damages.
What a Motorcycle Accident Lawyer Will Do for You
When you hire an experienced motorcycle accident lawyer, they’ll handle all the hard work for you. Here’s a glimpse of what they’ll take care of on your behalf.
1. Investigate the Accident
A lawyer will thoroughly investigate your case, gathering evidence like police reports, medical records, witness statements, and even expert analysis if needed. This is for establishing liability and building a strong case.
2. Calculate Your Damages
Beyond obvious costs like medical bills, your motorcycle accident attorney will account for the entire scope of your losses. These may include lost wages, future earning potential, emotional distress, and pain and suffering. They’ll make sure nothing gets overlooked.
3. Handle the Insurance Companies
Dealing with insurance adjusters can feel like more than you have the energy for right now. With legal representation, you won’t have to interact with adjusters or negotiate settlements. Your lawyer will ensure you don’t fall victim to lowball offers.
4. Represent You in Legal Proceedings
If an agreement can’t be reached through negotiation, your attorney will represent you in court. They’ll take care of all filings, deadlines, and arguments so you don’t have to worry about the legal system.
FAQs About Motorcycle Accident Claims
How long does a motorcycle accident claim take?
The timeline for resolving a motorcycle accident claim depends on the complexity of the case, the extent of your injuries, and whether it goes to court. Your lawyer may be able to provide a a timeline based on the details of your case.
What if I was partially at fault?
Even if you were partially at fault, you might still be able to recover compensation. Ohio follows a comparative negligence rule, which means you can collect damages as long as you’re less than a certain percent at fault.
Do I need a lawyer for a minor motorcycle accident?
Even for what seems like a minor accident, having a lawyer is beneficial. Injuries that appear minor at first may worsen over time, and insurance companies may undervalue your claim. A lawyer ensures your rights are protected, no matter how big or small the case.
How much does it cost to hire a lawyer?
Most personal injury lawyers work on a contingency fee basis, which means you don’t pay any legal fees upfront. Instead, your lawyer’s fee is a percentage of the compensation they recover for you. If you don’t receive compensation, you don’t owe them legal fees.
What types of motorcycle accident compensation can I receive?
Depending on your case, you may be eligible for several types of compensation, such as:
- Medical expenses (both current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
If the accident resulted in the loss of a loved one, additional forms of compensation, such as funeral costs and loss of companionship, may also apply.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may still have options. If you carry uninsured/underinsured motorist coverage on your policy, it can help cover costs. A lawyer can also explore alternative ways to seek compensation.
If you have further questions or concerns, consulting an experienced personal injury lawyer is the best way to get clear answers and guidance tailored to your situation.
Your Motorcycle Accident Legal Ally Is Just One Call Away
At O’Connor, Acciani & Levy, we’re here to help you every step of the way. Our compassionate team of attorneys has the skill, dedication, and resources needed to handle your claim. From gathering evidence to negotiating with insurance companies, we’ll take on the burden so you don’t have to.
Contact us today for a free, no-obligation consultation.
