Top 5 Mistakes to Avoid After a Motorcycle Accident

The exhilaration of riding a motorcycle can quickly turn into a nightmare in the event of an accident. Motorcycle accidents, often due to their lack of protection compared to cars, frequently result in severe injuries and significant emotional distress. In the chaotic aftermath, it’s easy to make mistakes that could jeopardize your health, your financial recovery, and your legal claim.

Knowing what not to do in those crucial moments can be just as important as knowing what to do. Avoiding these common pitfalls can significantly impact the outcome of your personal injury claim and ensure you receive the justice and compensation you deserve.

Here are the top 5 mistakes to avoid after a motorcycle accident:

1. Not Seeking Immediate Medical Attention

This is arguably the most critical mistake. Even if you feel “okay” or only have minor scrapes, the adrenaline rush can mask serious injuries. Head injuries, internal bleeding, spinal damage, and soft tissue injuries might not manifest symptoms for hours or even days.

• Why it’s a mistake:
  • Health first: Your well-being is paramount. Delaying medical care can worsen injuries and lead to long-term complications.
  • Legal impact: A gap between the accident and medical treatment can be used by insurance companies to argue that your injuries weren’t caused by the accident or aren’t as severe as claimed. They may try to suggest you were injured elsewhere.
  • Documentation: Medical records are fundamental evidence in any personal injury claim, linking your injuries directly to the accident.

2. Admitting Fault or Making Statements that Imply Blame

In the heat of the moment, it’s natural to be shaken, confused, or even apologize out of habit or politeness. However, what you say at the scene can be used against you.

• Why it’s a mistake:
  • Self-incrimination: Even a simple “I’m so sorry!” could be interpreted as an admission of fault by insurance adjusters.
  • Lack of complete information: You don’t have all the facts at the accident scene (e.g., driver’s distracted driving, road conditions, etc.). Your initial assessment might be inaccurate.
  • Impact on liability: Admitting fault makes it much harder for your attorney to prove the other party’s negligence and secure fair compensation.
• Instead: Stick to factual statements when talking to the police. Exchange insurance and contact information.

3. Failing to Gather Evidence at the Scene

The accident scene holds crucial details that can disappear quickly. Unless you are severely injured, try to collect as much information as possible.

• Why it’s a mistake:
  • Lost opportunities: Once vehicles are moved and the scene is cleared, vital evidence like skid marks, debris, and vehicle positions are gone forever.
  • Weakened claim: Without concrete evidence, your case relies more heavily on testimony, which can be disputed.
• What to gather:
  • Photos/Videos: Take pictures of vehicle damage, road conditions, traffic signals, skid marks, debris, your injuries, and the other driver’s license plate.
  • Witness Information: Get names and contact details of anyone who saw the accident.
  • Police Report: Obtain the incident number and responding officers’ names.

4. Giving a Recorded Statement to the Other Driver’s Insurance Company Without Legal Counsel

Shortly after an accident, you will likely be contacted by the other driver’s insurance adjuster. They may seem helpful and friendly, but their primary goal is to minimize their company’s payout.

• Why it’s a mistake:
  • Traps and trick questions: Adjusters are trained to ask questions designed to elicit responses that could undermine your claim, such as downplaying your injuries or admitting partial fault.
  • Premature settlement offers: They might offer a quick, lowball settlement before the full extent of your injuries and damages is known.
  • Your words used against you: Anything you say can be used to deny or devalue your claim.
• Instead: Politely decline to give a recorded statement. Inform them that your attorney will be in contact.

5. Not Consulting with an Experienced Motorcycle Accident Attorney

Many injured riders try to handle their claim independently, often underestimating the complexities involved.

• Why it’s a mistake:
  • Lack of legal expertise: Personal injury law is complex, with specific procedures, deadlines, and legal precedents.
  • Undervaluation of damages: You may not know the full value of your claim, including future medical costs, lost earning potential, and pain and suffering.
  • Insurance company tactics: Insurers have vast resources and experienced legal teams designed to fight claims. You need someone equally equipped to advocate for you.
  • Strict deadlines: There are statutes of limitations for filing personal injury lawsuits, and missing them can forfeit your right to compensation.
• Why an attorney helps: A skilled motorcycle accident attorney will handle all communication with insurance companies, investigate the accident, gather evidence, accurately assess your damages, and fight tirelessly to secure the maximum compensation you deserve.

After a motorcycle accident, your focus should be on your recovery. By avoiding these common mistakes and seeking prompt legal guidance, you can protect your rights and ensure you are fairly compensated for your injuries and losses.

At Herrling Clark Law Firm, we understand the unique challenges faced by motorcycle accident victims in Wisconsin. Our experienced personal injury attorneys are dedicated to protecting your rights and securing the justice you deserve. If you or a loved one has been injured in a motorcycle accident, contact us today – we’re here to help.