A motorcycle accident can change your life in an instant. Aside from the physical pain and emotional distress, you might be wondering what steps to take next to protect your rights and secure the compensation you deserve.
While getting through this time may feel overwhelming, understanding what you need to do in the days, weeks, and months after a motorcycle accident can make a big difference in your physical and financial recovery.
After a motorcycle crash injures you, you don’t have to face the process alone. With a bit of guidance and a little help from an experienced motorcycle accident lawyer, you can recover maximum compensation for your injuries.
For a free legal consultation, call 516-451-7900
How to Handle a Motorcycle Accident
What to Do Right After a Motorcycle Accident
Call a motorcycle accident lawyer immediately.
Your first step after a motorcycle accident, even before you speak to insurance companies or other parties, should be to contact a skilled motorcycle accident lawyer. Legal representation from the start can help avoid costly mistakes that might weaken your claim.
A lawyer can guide you on what steps to take and handle interactions with insurance adjusters so you don’t have to face the stress alone.
An experienced attorney will also:
- Review the facts of your case and inform you of your rights.
- Handle communication with insurance companies and the other driver’s legal representatives.
- Work to uncover evidence, such as traffic camera footage or witness statements, while it’s still fresh.
- Advocate for your interests from day one, ensuring you don’t feel pressured into accepting a lowball settlement.
Having a lawyer involved immediately helps protect your claim and gives you the confidence to focus on your recovery.
Seek further medical attention.
Even if you don’t think your injuries are severe, getting checked out by a doctor as soon as possible is critical to recovering maximum compensation for the harm you’ve suffered. Motorcycle accidents often lead to hidden injuries, such as internal bleeding or concussions, which may worsen if left untreated.
To build your claim on a strong foundation of medical evidence:
- Accept medical treatment at the scene or visit an emergency room immediately.
- To rule out underlying issues, follow through with diagnostic tests, such as X-rays or CT scans.
- Save all discharge notes, prescriptions, and itemized bills related to your care.
Prompt medical attention not only safeguards your health but also creates a record of your injuries, which will be essential when seeking compensation from the party or parties responsible for your accident injuries.
Document what you can.
If you physically can, start gathering basic documentation at the scene or shortly after the accident, including:
- Photos of your injuries, damaged motorcycle, and anything that contributed to the collision, such as road hazards or defective lights.
- Contact information for witnesses who may have seen the crash.
If you can’t collect this information on your own, don’t worry. A lawyer can fill in any gaps by helping to secure police reports or understand the accident scene with reconstruction experts.
What to Do in the Days After a Motorcycle Accident
Notify your insurance company.
While New York is a no-fault state for car accidents, no-fault insurance laws do not apply to motorcycle accidents. You’ll need to pursue compensation through the at-fault party’s insurance. However, it’s still important to notify your own insurer after the accident.
Failing to do so could jeopardize your policy coverage. When notifying your insurer:
- Provide basic information about the accident but avoid making detailed statements or admitting fault.
- Request a copy of your policy to determine what coverage you may have, such as underinsured motorist protection.
- Avoid discussing settlement amounts until you’ve consulted with your lawyer.
Insurance companies are known for prioritizing their bottom line, so having legal guidance during this process ensures your rights are protected and obstacles are addressed before they lead to diminished or denied settlement offers.
Continue medical follow-ups.
Many motorcycle accident injuries, such as soft-tissue damage, whiplash, or traumatic brain injuries, worsen with time or require ongoing treatment. Don’t skip follow-up appointments with your doctor, as doing so could:
- Delay your recovery.
- Weaken your injury claim because it may look like your injuries weren’t serious.
Always make sure to report symptoms to your providers and to keep appointments. These records will play a pivotal role in proving the full extent of your damages.
Request an official police report.
If law enforcement responded to your accident, their report can provide:
- The officer’s opinion on who was at fault.
- Witness statements and observations about the scene.
- Evidence collected, such as photos or measurements.
You can request a copy of the report from the police department or law enforcement agency that handled your accident. Your attorney can also assist with this step and review the report for any inaccuracies that could affect your case.
What To Do in the Weeks Following a Motorcycle Accident
Track all damages and losses related to the motorcycle accident.
Your financial losses may extend beyond medical bills or repairs to your motorcycle. Begin tracking any costs directly tied to the accident, such as:
- Expenses for rental vehicles or alternative transportation.
- Lost wages if you’ve been unable to work.
- Out-of-pocket costs for medications, medical devices, or home care.
- Future medical costs, especially for long-term injuries or disability.
Properly documenting these expenses helps calculate the total compensation you’ll need to cover current and future damages.
Avoid social media discussions.
Posting updates about your recovery or sharing your frustrations online is tempting, but doing so can harm your case. Insurance companies often monitor social media accounts to find evidence they can use to minimize your claim. For example:
- A photo showing you walking or smiling could be misinterpreted to downplay your injuries.
- Comments about the accident could be taken out of context to suggest fault.
To protect yourself, avoid public posts about the accident and assume anything you share online could be used against you.
What To Do in the Months Following a Motorcycle Accident
Finalize your settlement or prepare for court.
By this point, your attorney may negotiate a settlement with the at-fault party’s insurance company. They’ll submit additional evidence to counter the lowball offers or prepare your case for court if a fair agreement isn’t reached. During this time:
- Be patient. Settlement negotiations can take time, especially for high-stakes cases involving serious injuries or large claims.
- Provide any additional documentation your lawyer requests to strengthen your case.
- Trust your lawyer to advocate for the compensation you deserve, whether through a settlement or a trial verdict.
While the legal process may feel overwhelming at times, trusting your lawyer to handle the details allows you to focus on what truly matters—your health and well-being.
Focus on long-term recovery.
Physical and emotional trauma from a motorcycle accident can linger long after the event. Consider taking steps to prioritize your well-being, such as:
- Attending ongoing therapy or support groups to process the accident’s impact.
- Exploring vocational programs or rehabilitation if you cannot return to your current job.
- Checking in with medical specialists to ensure you’re making progress in your recovery.
Your long-term health is just as important as financial recovery. Balancing both will help you rebuild your life after the accident.
Common Obstacles to Recovering Compensation After a Motorcycle Accident
Missing the Statute of Limitations
One of the biggest challenges is simply running out of time to file your case. In New York, the statute of limitations for personal injury claims from a motorcycle accident is generally three years. If you need to file a wrongful death claim, that window narrows to two years.
Things can get even trickier if your case involves suing a municipality—for example, if the accident was caused by unsafe road conditions or poor signage. In these situations, you have only 90 days to file a notice of claim.
Missing these critical deadlines can result in losing your chance to recover compensation, so acting promptly is important.
New York-Specific Motorcycle Laws
While motorcycle accidents fall under general personal injury laws, a few New York-specific details can add complexity to your case.
For instance:
- Motorcycles aren’t covered under New York’s no-fault insurance system, meaning you must prove the other driver’s fault to recover compensation.
- Riders and passengers are required to wear helmets, and failure to do so could impact your claim. Insurance companies may argue that not wearing a helmet contributed to your injuries, potentially reducing your settlement.
These unique characteristics of New York law make it essential to have a lawyer who understands the state’s legal system and can advocate for you effectively.
Comparative Negligence Rules
New York follows a comparative negligence standard. This means your compensation can be reduced if you’re found partially at fault for the accident.
For example, if the other party argues that you were speeding, changing lanes unsafely, or not following traffic laws, they might try to place a larger share of the blame on you.
Unfortunately, fault assignment isn’t always fair, and there’s a risk of being unfairly blamed. This could significantly reduce the settlement you’re entitled to, even if the other driver was primarily responsible for the crash.
Having a skilled attorney who can challenge unfair fault claims is key to protecting your rights and maximizing your recovery.
Dealing With Insurance Companies
Insurance companies are known for putting their interests above yours.
They may:
- Offer lowball settlements that don’t cover your full medical costs or future needs.
- Delay the process by asking for excessive documentation or questioning your injuries.
- Use any statements you make against you, even casual remarks taken out of context.
Navigating these tactics alone can feel exhausting and overwhelming. Partnering with an attorney can lessen this burden and ensure you’re treated fairly.
Lack of Documentation
A lack of proper documentation can also hinder your ability to make a strong claim. It may weaken your position if you didn’t gather evidence at the scene or fail to keep records of your medical treatments, injuries, or missed work. Additionally, any gaps in treatment may lead insurers to argue that your injuries aren’t as severe as claimed.
Fortunately, evidence-gathering can often be improved even after the fact. A lawyer can help reconstruct the events of the accident, request police reports, obtain witness statements, and organize your medical records to strengthen your case.
Emotional and Physical Challenges
Recovering from a motorcycle accident isn’t just about finances. It’s also about dealing with the emotional toll and physical injuries, which can make it harder to stay on top of your claim. Pain, stress, and the demands of recovery can make managing deadlines, paperwork, or negotiations with insurance companies challenging.
An experienced attorney acts as your advocate during this difficult time, shouldering the legal complexities so you can focus on healing. With someone guiding you through these challenges, you don’t have to feel like you’re carrying the weight of the process alone.
Need Help After a Motorcycle Accident? Contact Rosenberg & Gluck, LLP
Recovering from a motorcycle accident can feel like an uphill battle, but you don’t have to face it alone. Taking the right steps in the days and weeks that follow can make a significant difference in your ability to secure the compensation you deserve.
Remember, the clock starts ticking immediately after the accident. Gathering evidence, understanding your damages, and consulting a personal injury lawyer can help protect your rights and give you the best chance at a positive outcome.
If you’re ready to take the next step and explore your legal options, don’t wait to speak with someone who can help you get started. Call (631) 451-7900 or fill out a quick online form to speak with an experienced motorcycle accident lawyer from Rosenberg & Gluck, LLP.
