Motorcycle crashes can lead to severe injuries, emotional distress, and financial burdens. Successfully navigating a motorcycle accident claim in San Bernardino requires understanding the legal process and taking steps to protect your rights.
Whether gathering evidence, dealing with insurance companies, or determining fault, each step is crucial to achieving a fair resolution. A San Bernardino motorcycle accident lawyer can provide the help needed to navigate the complexities of such claims effectively.
Below are essential tips to help ensure a successful motorcycle accident claim.
Seek Medical Attention Immediately
The top priority after a motorcycle accident is your health and safety. Even if you think your injuries are minor, get medical help. Many injuries, like internal damage or concussions, may not show symptoms right away. Medical records are essential because they provide proof of the injuries you received and how they affected your life.
Document the Scene Thoroughly
Gather as much evidence as possible at the accident scene if your condition allows. Take photographs of:
Damage to all vehicles involved.
Skid marks and road conditions.
Traffic signs and signals near the accident site.
Contact details from witnesses and the other motorists or drivers must also be gathered. These details can be critical when establishing fault or countering false claims from the opposing party.
Get a Police Report and Notify the Authorities
Filing a police report is essential in any motorcycle accident. Law enforcement officers assess the scene and create an official report detailing their observations, which can support your version of events. Please request a copy of the police report, which can serve as critical evidence in your claim.
Avoid Admitting Fault or Discussing Details Publicly
After the accident, refrain from admitting fault, even inadvertently, and avoid making statements about the incident to anyone except your lawyer or insurance company. Be especially cautious about sharing details on social media, as anything posted can be used against you.
Consult an Experienced Motorcycle Accident Lawyer
Motorcycle accidents often involve unique challenges, such as biases against motorcyclists or disputes over fault. An experienced lawyer knows the nuances of these cases and can direct you through the legal pathway.
Understand Comparative Negligence Laws
In states like California, comparative negligence laws may apply, meaning your compensation could be reduced if you share some fault for the accident. For example, if you are found to be 20% responsible for the crash, your settlement may be reduced by 20%. A skilled lawyer can help minimize these deductions by presenting evidence in your favor.
Communicate Carefully with Insurance Companies
Insurance adjusters often prioritize their company’s bottom line and may attempt to offer a quick, low settlement. Before speaking with adjusters, consult your attorney to ensure you do not unknowingly compromise your claim. Provide only the necessary information and avoid speculative statements about your injuries or the accident.
Calculate the Full Scope of Damages
Motorcycle accidents can cause various damages, including:
Medical bills (past and future).
Lost wages and diminished earning capacity.
Property damage.
An experienced attorney can aid you in accurately calculating these damages to avoid undervaluing your claim.
Make Your Claim Within the Allotted Time Limit
The statute of limitations, or deadline for submitting a claim for a motorcycle crash, varies by state. In California, the deadline is generally two years from the accident date. Missing this window could result in losing your right to seek compensation.
Takeaway
Navigating a motorcycle accident claim can be overwhelming, but following these tips can help set you up for success. Always prioritize your health, document the scene thoroughly, and seek guidance from an experienced lawyer.
Being well-prepared and communicating with others can increase your chances of receiving fair recompense for your damages. So remember—always consult a knowledgeable motorcycle accident attorney before taking action following a motorcycle accident.
