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In 2024, fewer people died in motorcycle accidents compared to the previous year. Figures show that 6,228 people died in 2024, compared to 6,335 deaths in 2023. Various elements may cause crashes involving motorbikes. Among them is a motorcyclist who did not yield to turning cars or acknowledged traffic signs. Most road accidents can be avoided but there are other factors that are associated with this. One of them is when people take alcohol and drive, which will usually result in an accident. More than one collision may be brought by a person riding at an exceedingly high speed, not executing proper turns or by losing control after bumping into another car.
In America, only 3% of registered vehicles are motorcycles, but this group of road users faces much more severe consequences per mile traveled than other road users. The National Highway Traffic Safety Administration notes that by the year 2024, motorcycle operators will be 5 times more likely to be injured.
The actions taken immediately after a crash can affect both your physical recovery and your ability to pursue compensation. Seeking medical attention, documenting the accident scene, reporting the collision, and preserving evidence are all important steps in protecting your legal rights.
Knowing what to do after a motorcycle accident will help protect your rights and facilitate an efficient recovery.
Seek medical attention the same day; don’t wait for symptoms to appear
Adrenaline after a crash can make a person not feel pain for a while. Traumatic brain injuries, internal bleeding, spinal injuries, and soft tissue damage may not be immediately visible and can deteriorate over several hours or days.
Should a rider leave the scene of a crash without injury and only see a doctor after three days, the insurer can cite this postponement to claim the injuries were insignificant or that the symptoms stem from causes unrelated to the accident.
The damage done in accidents involving motorcycles very often is more extensive, as these vehicles have fewer safety enhancements compared to the use of passenger cars. For instance, motorcycle riders may sustain fractures that occur more in the lower extremities and serious road rash that warrants skin treatments.
If possible, go to the hospital or urgent care facility on the day the collision occurs. It is important to give the medical personnel attending to you a detailed account of what happened. The report they write about the injury and its cause will be added to your medical history and used for future claims.
The bias problem: what motorcyclists face that other drivers do not
Even if the facts of the event do not support such assumptions, insurance adjusters are automatically biased toward the view that there was speeding, illegal lane filtering, or negligent or reckless behavior on the part of the rider.
The rule is different in every state. In Arizona, a pure comparative fault system is followed. In this system, the claimant will still get a chance to recover something even when he or she is 90% or 95% at fault. The amount will just be a reduction proportionally rather than 100% barring any kind of compensation. In other jurisdictions, one can only go up to about 50 or 51 percent or all hope of recovering in negligence cases and causes of action is lost. A very small group of states, such as Alabama, Maryland, North Carolina, and Virginia, prohibits all recovery at all at higher rates of fault.
This makes the information collected during the process even more relevant for the motorcycle accident compared to a normal automobile collision. The dashcam footage, physical evidence, eyewitness testimonies, and police reports containing officers’ observations prior to the account of the insurance company all refute the assumption that the rider is at fault.
Based on the information given by the Motorcycle Crash Causation Study conducted by the Federal Highway Administration, over 75% of motorcycle accidents occurred in connection with another vehicle. 30% of crashes involved motorists failing to see the presence of the motorcycle and 17% were attributed to drivers making unsafe maneuvers.
At the scene: what to document before evidence disappears
The website overview of Tucson motorcycle accident lawyer Marc Bleaman’s legal firm says that collecting strong evidence is necessary in motorcycle accident cases. Examples of evidence that should be gathered include accident scene photos, vehicle damage, skid marks, and injury pictures. Witness statements and a police report copy also help.
The challenge regarding evidence collection is that the physical environment is available for only a limited amount of time. The road conditions change, people disappear, and vehicles move. Gathering evidence from the physical environment gives you an account that you cannot replicate later on once things have changed.
You must also acquire the full name of the opposite driver, their license number, car registration, and insurance. Obtain details of their car’s make, model, color, and number plate. Investigate into the identities and contact details of each of the witnesses, particularly the ones residing or present within the accident site. Check if you can access dashcam footage from nearby vehicles that may have recorded the incident.
Reporting the accident and talking to insurers
Report the accident to your insurer as soon as possible. Most policies will require that you make a complaint within a certain period. Failure to do so can affect one’s insurance coverage. While making a description of the event, limit the mention only to the facts, such as the date and time, the venue, entities like vehicles and their brief qualification, etc.
Be prepared to be contacted by the third-party insurance carrier of the at-fault driver. Don’t forget that they are not your insurer and do not work on your behalf. No one makes it obligatory for claimants to give a statement to the other driver’s insurance company.
Providing statements without legal advice beforehand can establish a record that adjusters may exploit to decrease or reject the claim.
Claims related to motorcycle accidents are typically linked to huge medical bills, which make insurance providers strict in processing such kinds of claims. Some insurers are usually not willing to compensate a motorcyclist harmed in an accident since they hold a bias against them.
Building the medical and financial record for the claim
Keeping thorough records of the expenses should actually start by documenting everything that entailed a cost and is related to the accident. Keep all the hospital invoices, drugs, doctor’s appointments, transportation costs, and any equipment involved together in a manageable file.
In case an accident affects the condition of the riding gear, including the helmet, jacket, riding gear, and so on, it is advisable to take photos of the malfunctioned gear and store them safely. Such photos will be useful for the purpose of proving what the results of the particular accident meant for the said equipment and therefore the persistent quest for damages against responsible entities.
Keep a daily log on how the injuries affect sleep, work capability, and everyday tasks. This detailed record is more likely to be seen as evidence in discussions and negotiations. It also has more value than a summary created after the incident.
People have also reported that alcohol use by the riders themselves constitutes one of the leading causes of fatal motorcycle crashes. Surveillance data from NHTSA’s accidents show higher numbers of riders in crashes dying with positive test results of impaired driving than individuals in any other type of vehicle.
Don’t post about the accident, the injuries, or the claim on social media. Insurance defense teams routinely search public profiles for photographs or statements that contradict claims. injury severity.
Each move made before the insurer locks in its story makes the claim harder to minimize and easier to defend.
It is advisable not to publicize information about the accident or its effects on social media or elsewhere. Legal representatives of insurance firms will often conduct an investigation of the claimant and search their public profiles in a bid to access and prove that the information they provided to the insurance company was incorrect.
A delay in treatment gives the claimant’s attorney the opportunity to negate as much information as possible, adding pressure on the insurance carrier to achieve the best settlement offer instead of prolonging litigation.
