Whether you ride your motorcycle for the exhilaration and thrill of it or you find it a more affordable mode of transportation, you are in greater danger on the road. Many drivers fail to pay attention to motorcyclists, which often results in motorcycle accidents.
After a motorcycle accident, it is important to know the right steps to take to protect your rights. While these steps are similar to what victims should do in car accidents, motorcyclists must take extra precautions to prevent unnecessary blame in these events.
Steps to Take After a Georgia Motorcycle Accident
One minute, you’re riding down a road or the highway on your motorcycle. The next thing you know, you’re on the pavement and in pain. Hopefully, you will never have this experience but these tips will guide you on the proper procedures to protect your legal rights after motorcycle accidents.
Call 911 for the Police and Emergency Medical Services
If you are conscious and able to move, grab your phone and dial 911 to alert the police of your motorcycle accident. Officers will respond promptly and create a police report that details their findings after the crash.
When you’re on the phone with the 911 operator, tell them if you or anyone else involved has been injured. They will send emergency responders to treat the injured and transport victims to the hospital.
Avoid making the biggest mistake of all by ensuring you get medical treatment even if you think you’re fine. Your helmet may have shielded you from the worst of the impact but you still could have hidden injuries that could become fatal if left untreated. Head injuries, neck injuries, spinal cord injuries, and internal bleeding are some of the more serious conditions you could suffer in the accident.
If medical professionals discover that you are fine, you can celebrate your good fortune. However, if you are injured, you will receive the treatment you need and have medical records that detail the injuries a careless driver caused you to suffer.
Get the Evidence and Information You Need on the Scene
If you are capable of doing so, take photos and videos of the accident scene. It’s important to show where your motorcycle ended up and where the damage is located on the vehicle that crashed into you.
You are also required to exchange contact and insurance information with the other driver. If anyone saw your motorcycle accident, get their contact information as well. They may be able to back up your claim that the driver of the motor vehicle caused the accident to occur.
Avoid Any Apologies
In addition to not getting medical treatment, another huge mistake is to apologize for the accident. While it may seem like a polite thing to do, and you’re sorry this event occurred, telling the other driver that you’re sorry can be construed as an admission of fault.
You should not say anything to them except to ask if they are okay. You can also ask if they need medical attention and exchange contact and insurance information with them. Beyond that, avoid saying anything else as it could be twisted and contorted to place the blame for the motorcycle accident on you.
Sometimes, the cause of a motorcycle accident is straightforward. For example, if a driver of a car doesn’t yield the right of way to a motorcyclist, that car driver would be liable. However, if the motorcyclist was speeding at the time of the accident, they might also be partially to blame. Other parties can be found negligent too, such as the motorcycle manufacturer. In California, pure comparative negligence is the standard applied to determining fault in accidents.
Notify Your Insurer of The Motorcycle Accident
You should first take the steps to protect your health and follow proper accident protocols in the aftermath. Once you have received medical treatment and the police have issued an accident report, make sure you notify your insurer of the accident.
In Georgia, auto insurance follows an at-fault model, which holds the person who caused the accident responsible for paying the damages. Even if the other driver caused this event to occur, you must notify your insurer.
It is common in at-fault states for finger-pointing to ensue after an accident. The driver of the car may try to claim you were at fault. They may attempt to file a claim with your insurer, and alerting your insurance company ahead of this provides them with notice. You’re also obligated to inform your insurer of any accident, regardless of who is at fault, or else it could be considered a breach in your contract.
Since Georgia follows modified comparative negligence, it is also possible for both parties to be assigned partial blame. You must be less than 50% at fault for your injuries to recover compensation, and the other driver’s insurance company will want to assign you most or all of the blame simply because you ride a motorcycle.
Stick with the facts when talking to the insurance companies. You may also want to hire a motorcycle accident attorney who can deal with them on your behalf.
Keep Your Expenses Organized and Start a Journal
After a motorcycle accident, you may have extensive injuries and a mountain of added expenses. Medical bills may keep piling up and it can be incredibly overwhelming. It helps to keep a file with all of these expenses organized to show the costs of your economic damages.
Additionally, you should keep a journal that details how your injuries are impacting your life after your motorcycle accident. This journal, along with expert medical testimony, may be instrumental in proving your non-economic damages like pain and suffering, loss of enjoyment of life, and mental anguish.
Rely on a Motorcycle Accident Lawyer to Help Navigate the Legal Landscape
If you have sustained serious injuries in your motorcycle accident, you should not try to represent yourself. Motorcyclists are likely to be unfairly blamed for their accidents. They are often cast in a reckless light, even when they are operating their motorcycles in a safe and responsible manner.
You’ll want an attorney who fully understands traffic laws and the rights of motorcyclists on the road to help advocate for your best interests. They will also be aware of state statutes that can impact your case, such as the statute of limitations. In Georgia, you are granted two years from the date of your accident to file legal proceedings against the at-fault party.
Much of this time will go by quickly as you get the medical care needed to stabilize your condition and go back and forth with the insurance company to get a fair settlement. Before you know it, you will have little time to spare; however, an attorney will be aware of the time limit from the start and be ready to take action.
What to Do If You Wake Up in the Hospital After Your Motorcycle Accident
The steps detailed above can help protect your legal rights after you have been in a motorcycle crash. However, many motorcyclists often wake up in a hospital room and are not sure what to do. You may remember riding down the road as your last memory before you wake to find yourself in a hospital.
If you were rushed to the emergency room and treated, you would have no way of exchanging information with the other driver or witnesses. You would have no way to take photos or videos of the scene or even file a claim. It is important to remember that your health and recovery should always come first.
If you were unable to take these steps due to being unconscious or you were conscious at the scene of the motorcycle accident but were too badly injured, you need to contact a motorcycle accident lawyer. A good personal injury attorney will come to you when you are incapable of leaving the hospital to discuss your legal options.
If you’re worried about missing the evidence at the accident scene, motorcycle accident lawyers have the resources needed to investigate. They can request footage from traffic cameras or surveillance videos from nearby businesses. They can also check the police report to contact any witnesses and get their testimony. These resources also allow attorneys to hire expert witnesses such as accident reconstructionists or medical experts to support your claim.
Why Having a Motorcycle Accident Attorney Is the Most Important Step
On your motorcycle, you are less protected from the impact of a crash. If another vehicle hits you, you could be thrown to the ground and slide across the asphalt when you land. You have the potential to suffer broken bones, road rash, head injuries, internal bleeding, and permanent paralysis due to the careless actions of another driver.
Very few motorcyclists escape these events with minor injuries. Most commonly, they have months or even years of recovery ahead. Some will have permanent disabilities as a result, forever changing their lives. When you file an insurance claim for your injuries, it is likely that the insurer will blame you or offer a lower settlement than you deserve.
Treating these serious injuries is costly, and you may need ongoing medical care, which can negatively impact your future. Most insurers will offer a settlement that is insufficient to cover these expenses or your lost income from not being able to work due to your injuries. This would mean that you would be stuck in a dire financial situation because of a negligent driver.
For these reasons, you will not want to proceed without a motorcycle accident lawyer on your side. It’s not right for you to be saddled with excess expenses when you didn’t do anything wrong. If you or someone you love is facing issues after a motorcycle accident, it’s wise to get a legal opinion on the available options.
