Immediate Emergency Medical Care and Safety Steps After a Motorcycle Accident
It is important to remain calm after a motorcycle crash. Your safety and that of anyone else involved is the top priority.
What To Do If You Are Not Injured
Check for injuries and confirm that it is safe to move. Watch traffic carefully to protect yourself and prevent further crashes, and follow this safety checklist:
- Call 911 and share essential details such as your location and landmarks. Report any injuries you see, and let the dispatcher know if a driver left the scene or appears intoxicated.
- Turn on your hazard lights and move your bike off the road if traffic permits.
- Be patient, and do not attempt to cross a highway or street to stop traffic.
- If you have flares or other warning devices, place them around the scene.
What To Do if You Are Injured in a Motorcycle Accident
Motorcycle riders do not have a vehicle’s structure to protect them. Therefore, accidents can cause catastrophic injuries. If you are in pain, stay still to prevent further harm. If you have a phone or flashlight or can reach something bright, wave it to attract attention and get help. Ask bystanders to call 911 and wait for professionals to arrive.
Do not ignore any first responder suggestions for emergency treatment. Your health comes first. An insurance company may also view a lack of emergency treatment as evidence that your injuries were not serious or that you made them worse after the crash.
Subsequent Medical Care and Reporting Your Crash
Telling authorities about your accident and addressing your health are critical first steps. Failure to do either can affect your ability to collect compensation for the accident.
Seek Prompt Medical Attention
Even minor symptoms after an accident require immediate medical attention from urgent care or a doctor. Some injuries, such as head trauma and internal bleeding, have delayed onset symptoms. Other injuries, such as severe road rash, can cause complications such as infections, retained debris, and decreased mobility if not treated promptly.
If you delay medical treatment after a motorcycle accident, you may face difficulty getting compensation for your injuries.
Filing a Report of Your Motorcycle Crash
Virginia law requires that you notify police of a crash, but you do not have to file a formal report. However, Virginia allows you to file a Voluntary Report of a Crash if you believe the other driver was uninsured or they left the scene.
Police officers must file FR300 crash reports within 24 hours for accidents resulting in injury, death, or property damage of at least $1,500. These reports detail vehicle, driver, and passenger information and the officers’ crash observations, such as road and weather conditions. They also contain a crash diagram section.
You can request a copy of your police report through the Virginia Department of Motor Vehicles. The DMV keeps these reports for at least three years and releases them to authorized parties, such as the parties involved in the accidents, their guardians, their legal representatives, and insurance carriers.
Police reports provide vital evidence in insurance claims and can point your attorney in the right direction in your motorcycle crash investigation. A voluntary report can also support a claim under your own policy’s uninsured motorist coverage.
Documenting Your Accident and Collecting Evidence
If you did not leave the scene for emergency care, document your crash and preserve as much evidence as safely as possible. Do not step into traffic or take other actions that might endanger you or others.
Digitally Documenting the Scene and Injuries
Capture photos and videos of the accident scene, including vehicle damage, road conditions, skid marks, and injuries. Include pictures of your gear to show that you followed Virginia helmet laws.
If you have footage from a dash, body, or helmet camera, back it up as soon as possible. Do not share this footage with anyone but your attorney, and do not post it on social media.
Retaining Physical Evidence From the Crash
Keep any damaged parts or gear from your accident but ask permission from law enforcement before you remove anything from the scene. Get at least three repair estimates for your motorcycle unless your insurance policy dictates otherwise.
Document any weather conditions or road hazards, such as a work zone, that may have contributed to your crash. If certain hazards, such as road debris or overgrown trees or bushes that obscured signs, affected you or the other driver, document those as well.
Gathering Witness Information
Unbiased witness testimony can sway an insurance company or jury’s liability and damages determinations. Ask for witnesses’ names and contact information and whether they saw or heard the crash. Ask if they called 911, as the call’s recording could contain vital information. Politely ask if they are willing to stay until the police arrive.
Do not discuss the circumstances of the accident with witnesses or anyone else at the accident scene. Your words could come back to haunt you if an insurance company twists them to allege you admitted even partial responsibility for the crash.
It is perfectly understandable if you can’t juggle these steps while recovering from your injuries. An experienced injury lawyer can step in to handle evidence collection and build a case for damages.
Building a Strong Motorcycle Accident Insurance or Legal Claim
The steps you and your attorney take after a motorcycle accident influence your chances of collecting damages. Listen to any advice your attorney has regarding what to do if you are injured in a motorcycle accident. Each claim is unique, and an experienced lawyer may suggest additional actions you didn’t consider that can bolster your claim.
Evidence Organization
Maintain a comprehensive file that includes medical records, police reports, expenses, and correspondence with insurers. Make copies of your documentation so you always have a backup.
Start a journal and include a chronological timeline of your crash, medical treatment, prescriptions, and associated costs. Monitor your pain and document how it or any other crash fallout affected your home and work lives.
Collecting damages often comes down to your attorney’s ability to tell your story. Written documentation is always preferable to relying solely on memory.
Expert Testimony and Accident Reconstruction
Accident reconstruction experts and medical specialists are essential to establishing liability and injury severity. In motorcycle accident claims involving severe injuries, high medical costs, and significant lost wages and earning capacity, your attorney may rely on an expert for damages calculations.
Choose a respected motorcycle accident lawyer quickly after your accident so experts have time to investigate thoroughly. Virginia’s personal injury statute of limitations only gives you two years from the accident date to file a claim.
Recovery and Support Resources After a Motorcycle Crash
Healing after an accident involves both physical and emotional recovery. You may have to work to regain your mobility through physical therapy or process trauma through support groups or a therapist. Counseling may minimize the long-term mental health impacts of motorcycle accidents, especially for those dealing with PTSD, severe anxiety, or depression.
Look for local and state-wide rehabilitation services, physical therapy options, support groups, and mental health services in Virginia. An attorney with significant motorcycle accident claim experience can refer you to trusted doctors and other resources.
Take Action Now by Partnering With Cooper Hurley Injury Lawyers
It can be challenging to recover compensation after a Virginia motorcycle accident, so victims need immediate legal assistance. State law includes a strict contributory negligence standard that dictates you cannot collect damages if you were even just one percent responsible for the accident.
Contact our award-winning motorcycle accident lawyers immediately so we can gather evidence that contradicts allegations that you contributed to your injuries. We have a long and successful history of handling insurance company tactics and coming out on top.
Our personalized client attention has produced a history of positive case results. In 2023, our firm secured a $7 million motorcycle accident settlement for a client whose foot was severed, among other severe injuries. Our investigator located an eyewitness who recalled that the plaintiff was safely operating his motorcycle within the applicable speed limit. We then used expert witness testimony to establish the extent of our client’s damages.
Call Cooper Hurley Injury Lawyers today at (757) 333-3333 for a free case evaluation or complete our online contact form.
