What To Do After a Motorcycle Accident in California
Motorcycle accidents are a significant traffic safety issue in the United States. Due to their increased vulnerability, motorcyclists suffer a disproportionate number of serious and fatal injuries compared to other vehicle occupants. With the number of motorcycle riders in the state increasing, motorcycle accidents in California have also been on the rise.
Following the legalization of lane splitting in California, which sets motorcycle riding apart from any other state, motorcycle crashes involving another driver are frequent. For more information regarding your legal options, reach out to our Santa Ana motorcycle accident attorney.
If you or a loved one was involved in a motorcycle accident in California, take these precautions to ensure your safety and protect your legal rights.
1. Move Out Of Harm’s Way
If you are involved in a motorcycle accident, especially on a busy freeway such as Interstate 5 (I-5), the first thing you need to do is move to a safer location. It is best to move away from the crash site to avoid the risk of being struck by oncoming vehicles. Your safety should be the top priority.
2. Call the Local Police Department
After moving, immediately call 911 and report the accident. Cooperate fully with the police investigation, providing accurate information without admitting fault. An accident report will be essential for any insurance claims or legal actions. In most serious motorcycle accident cases, emergency medical services will be called. Do not refuse medical assistance.
3. Collect Evidence
While the responding officer or officers will be conducting their own investigation at the accident scene in the police report, if you can do so, take photos of the accident scene, your motorcycle, the other vehicle or vehicles involved, and any visible injuries.
Exchange information with the other driver, including their insurance details, license plate and driver’s license number, name, and number. If there are any witnesses, get their names and numbers as well.
4. Do Not Apologize or Discuss Fault
As you remain at the scene, avoid making statements that could be interpreted as admitting fault. Even a simple apology could be used against you.
Recount the details of the accident to the police, but stick to the facts without speculating or making assumptions about what happened. Be clear and concise, and avoid any language that could be seen as accepting blame. It’s crucial to provide accurate information while preserving your legal rights.
5. Seek Immediate Medical Attention
Even if you feel fine, seek medical attention as soon as possible. If emergency services are called to the accident, follow their instructions and go to the hospital to be checked out. Some injuries, such as concussions or internal bleeding, may not be immediately apparent but could worsen if left untreated. Keep evidence to support your claim, including medical records.
6. Tell Your Insurance Company
Notify your auto insurance company about the accident as soon as possible. Provide them with accurate details, including when and where the accident happened and whether there were any injuries. Your insurance company will guide you through the next steps in the insurance claim process.
7. Talk to a Motorcycle Accident Attorney
Reach out to a knowledgeable California motorcycle accident attorney. They will guide you through the legal process, safeguard your rights, and work to secure the compensation you’re entitled to.
What NOT To Do After a Motorcycle Accident
Unfortunately, not knowing what to do can cost you a lot of money. If you are not careful, you may say or do something that jeopardizes your case. Here’s what to avoid:
Leave the Scene
Never leave the scene of an accident until law enforcement has arrived and you have exchanged information with the other parties involved. Injuries might not be obvious right away. If you leave the scene believing you’re uninjured but later discover you are hurt, you won’t be able to file a personal injury claim against the driver if you’ve let them go.
Neglect Medical Attention
Many California motorcycle accident victims make the mistake of neglecting medical assistance. They do not want to deal with emergency rooms, treatment, and the cost of medical care. While this is all understandable, failing to seek medical care can not only jeopardize your health but also weaken any legal claims you may have later.
Negotiate with the Insurance Company on Your Own
Taking legal action against the at-fault driver is not an easy decision. You may fear retribution or want to forget it all happened. If you choose to cover your injuries through your own insurance, you may not receive everything you are owed. Trying to get the other party’s insurance company to pay for your medical bills, lost wages, and other losses is very difficult to do on your own, especially when the injuries are serious.
Avoid negotiating directly with the insurance company without legal representation. They may offer you a settlement that is far below what you deserve. Consulting with a personal injury lawyer will help you avoid the common pitfalls after a motorcycle accident.
Consult a Motorcycle Accident Lawyer for Advice
Motorcycle accidents can lead to devastating injuries or death. When drivers fail to uphold their duty of care on the road, they can directly cause a motorcycle crash involving a vulnerable road user, such as a motorcyclist.
If this has happened to you, reach out to an experienced motorcycle accident lawyer as soon as possible. You have a clock running on your motorcycle accident claim, and you do not want to miss out on fair compensation.
Riverview Accident Lawyers is a leading personal injury law firm in Santa Ana and Orange County. Our attorneys have recovered millions of dollars for injured victims of motorcycle and auto accidents. Contact our law firm at (657) 655-6045 today for a free consultation and no upfront legal fees.