What should I do after a
motorcycle accident?
If you or a
family member has been seriously hurt in a motorcycle collision
or crash, the tips below will help you preserve valuable
evidence that may advance your later claim for damages. This
advice is not meant to substitute for the legal counsel of an
experienced personal injury attorney, but may ultimately help
your lawyer win your case.
Summon Medical Help and Police
Immediately after an accident, call 911 to summon medical
attention for anyone who is injured, and to get law enforcement
to the scene. Move the vehicles only if they are creating a
traffic hazard.
Exchange Information — But Be Careful What You
Say
Injuries or property damage may be worse than they seem
initially. Even if your injuries are minor or the damage looks
minimal, you should exchange information with the other driver
(license and registration).
Do not take blame for the accident. Any statements to the other
driver or witnesses may be used later to deny or reduce your
compensation. Investigation may prove that the other driver's
negligence actually caused or contributed to the crash.
Write down the name, address, phone number, drivers license
number, and date of birth of the other driver. Also get the name
of the insurance company, and the vehicle owner's contact and
insurance information if the owner is not the driver.
Witness Information If there are witnesses around, try to get
their contact information (name, address, and phone) before they
leave the scene. Do not ask them for statements — let a
qualified attorney handle witness interviews. Witness
information may turn out to be critical to your case, especially
if it corroborates your version of events or contradicts a
police report that is incorrect.
Documenting Evidence
Note the license plate number of the other vehicle, and the make
and model.
Document any damage to your motorcycle and the other vehicle.
Note the date, time, and location of the accident, as well as
weather conditions, sun glare, road hazards or any other
pertinent details.
Make a sketch of what happened, noting traffic signals or signs,
turns or lane changes, how the vehicles collided, etc.
Photos: Carry a Camera, Use the Camera on Your Cell Phone
Take a photograph of the scene, preferably with the vehicles in
the same position. Photograph any pavement defects that
contributed to the crash, and take close-up and full-body shots
of both vehicles and all damages. (If your cycle or the other
car is determined a total loss by an insurance adjuster, the
vehicle may be destroyed.) If you don't have a camera, ask a
witness or police officer to take pictures. It's a good idea to
carry a disposable camera in your storage compartment for just
such an occasion.
Photograph a helmet or clothing damaged in the accident, and do
not throw them out. Tell emergency personnel to preserve your
clothes and gear, even if they have to cut it to treat your
injuries.
Call an Attorney
As soon as possible after a motorcycle injury accident, whether
on a sport bike or a chopper, you should contact an attorney.
Your lawyer may send a private investigator to the scene, or
even an accident reconstruction specialist, especially if
someone was critically injured or killed in the crash. A Florida
motorcycle accident lawyer, especially one who rides motorcycles
himself, can advise you about statements to police and insurance
adjusters and evaluate your claim for damages.
Preserve the Wrecked Motorcycle
Do not repair the damaged motorcycle or allow anyone else to
repair it, until advised by your lawyer to do so. It may be
needed as evidence.
Online Form:
Do I Have a Good Case?
Call an Attorney:
Contact Us.
The
McMillen Law Firm represents motorcycle accident victims
throughout Florida, including Orlando, Tampa, Jacksonville,
Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort
Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples,
Panama City, Pensacola, Sarasota, St. Augustine, St.
Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm
Beach, and the counties of Bay, Brevard, Broward, Collier,
Dade, Duval, Escambia, Highlands, Hillsborough, Indian
River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola,
Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota,
Stuart, and Volusia.
