Motorcycle accidents are among the most difficult types of personal injury cases to litigate. There are various reasons for this, including the nature of most motorcycle injuries, the inherent inequalities between a motor vehicle and a motorcycle in terms of size and weight, and even a perceived bias against motorcyclists because of the known risks involved with riding a motorcycle. The personal injury experts at Wagners Law Firm provide the following tips for strengthening your motorcycle injury case to overcome these challenges.
Always Seek Medical Care
In most cases, injuries to motorcyclists are severe and you’ll have to seek medical care. But sometimes, your injuries might seem minor and you may think you don’t need to see a doctor. Do it anyway. This is because many injuries can show up days or even weeks after the accident and if you don’t get examined right away, these injuries might be dismissed in a court as not resulting from the accident. A doctor will also be able to tell if there are injuries you can’t detect yet and prescribe a course of treatment to keep them from getting worse.
Continue Medical Care
Stay in the hospital for as long as your doctors tell you to. Do not leave against medical advice and follow all treatment plans put in place for your injuries. Before an insurance claim can be settled, there is usually the requirement that you complete all prescribed treatment so they can pay the appropriate amount for medical bills. If you cut your medical care short, you won’t get compensated for everything you’re entitled to. Plus, insurance companies often try to deny the claims or lower the settlements of people who aren’t following their medical professional’s treatment plan.
Call the Police
No matter how minor the accident seems, call the police. This is important because you need to document the where, when, how, and why of the accident to prove negligence on the part of the other driver. Moreover, a police report will usually contain the contact information for the other people involved in the accident, which you’ll need to file a claim. If one or more drivers received a citation in the accident, which is evidence of negligence, this will also be on the police report.
Do Not Repair Your Motorcycle
Certainly, you’ll want to get your motorcycle repaired as quickly as possible so you can ride it again, but it’s best to wait until after the outcome of your claim. This is because your damaged bike is one of the biggest pieces of evidence you have. While you’ll have pictures of your bike to show the insurance company and/or judge and jury, there’s nothing like seeing the real thing. Additionally, an accident constructionist may need your damaged bike to accurately recreate the scene to prove fault and negligence. Pictures just don’t allow them to do this as well.
Conclusion
The tips given here will help you preserve evidence in your motorcycle accident case, but you may still need assistance in filing and negotiating your claim. Seek the advice of an experienced personal injury lawyer to make sure your interests are adequately represented at all phases of the process.
