Knowing what to do after a motorcycle accident in Conway, Arkansas, may help you have what you need for your claim. By getting medical care, collecting evidence, and hiring a Conway motorcycle accident lawyer from Horton Personal Injury Lawyers, you can secure a better outcome in your case.
Call 911 and Get Medical Attention
Motorcycles provide no protection from the impact of a car or the road and can cause serious injuries during an accident. Calling 911 to dispatch emergency services can help you get a medical evaluation right away after a crash and is often essential. Paramedics can conduct an initial exam and take you to the hospital if you require emergency care.
You may not know all your injuries until you have had the proper medical tests to identify those that may be hidden. That is why you should still schedule an appointment with your doctor even if your injuries do not seem severe. Many motorcycle accident injuries are delayed or internal and can be poor indicators of the scope of injury.
As you receive tests and treatment, be sure to request copies of all of your medical records. Keep thorough records of your medical bills as well. This documentation is important for showing the extent of your injuries, that you sought medical care, and how much your losses from medical expenses are.
File a Police Report
A police report should be filed with law enforcement when they arrive on the scene. If police were not called because the accident was minor, you can file a crash report online as well. This is an important step in ensuring you have the evidence you need for your case.
When you file a police report, it creates an official record of the crash, which in turn becomes a piece of evidence. Lawyers and insurance companies carefully review and evaluate the information in the report to understand what occurred and what factors contributed to the collision.
Police reports also document fault, which is important when it comes to establishing liability in an accident. Given the important role this document plays in your case, you should request a copy of the report for your records and to submit to the insurance company with your claim.
Collect Evidence
Begin collecting evidence right away after an accident. In addition to the police report and your medical records, you should include photos or videos of the scene and your injuries. Talk to witnesses and get their contact information in case you need a statement later.
Even in the days after the accident, take steps to get repair or replacement estimates for your motorcycle to determine the value of your property damage losses. Keep pay stubs and financial information, as well, to show any lost income you have suffered due to the injuries you sustained.
The more evidence you can gather, the stronger your case may be. You must be able to support every assertion you make in your claim, and having concrete evidence shows that you have a strong case. It can also minimize the risk of complications over the course of your case, especially with insurance.
Exchange Information With the Other Driver
You are required to exchange information with the other driver(s) involved in the accident. When exchanging information, be sure to get each other’s basic contact information, such as first and last name, number, and address.
You must exchange vehicle information as well. Note the vehicle’s license plate number, as well as its color, make, and model. You will also need to get the other party’s driver’s license number. You must also exchange insurance information so you can file your claim with their insurance company.
Hire a Conway Motorcycle Accident Attorney
After all initial steps have been taken and you have left the accident scene, it is important to promptly hire a lawyer who can help you navigate how the legal process works a crash. They can also talk to the insurance company, so you do not have to, which will often protect your claim.
Lawyers often help secure larger settlement values because of their legal knowledge and ability to negotiate with insurance companies. Law firms like Horton Personal Injury Lawyers can optimize your case for success by tailoring our strategies to the needs of your case.
When you meet with a lawyer after your accident, we can walk you through the strengths and weaknesses in your case, applicable deadlines, what steps must be taken, and what to expect throughout your case.
Notify Insurance and Prepare Your Claim
You will need to notify your insurance company that you were in a motorcycle accident as soon as possible. Your insurance policy generally provides the window of time in which you must report the accident to them. Failing to do so could negatively impact you.
After notifying your insurance company and hiring a lawyer, begin preparing the claim you are going to submit to the at-fault driver’s insurance company. Fill out the appropriate paperwork and ensure that you have gathered all the evidence you need to support your claim.
Once your claim is ready, submit it to the insurance company. Let your lawyer handle communications with them throughout your case, as well as all negotiations. Insurance companies aim to protect their business’s bottom line above all, so your lawyer can protect your rights and advocate for you.
How to Protect Your Rights During a Motorcycle Accident Case
Your actions immediately after an accident can have a ripple effect on the rest of your case and impact what kind of outcome you may receive. That is why knowing what to do after a motorcycle accident in Conway, Arkansas is important for protecting your rights and securing maximum compensation.
One of the biggest ways you can ensure your rights is by understanding the importance of legal representation in personal injury cases and hiring a lawyer. Aside from the evidence you gather to protect your claim, lawyers provide a safeguard that ensures your claim is not jeopardized.
For example, Horton Personal Injury Lawyers may walk you through what mistakes to avoid, such as posting on social media, engaging in public discussions of your case, apologizing, or implying or admitting fault in any way. We communicate on your behalf so you do not lose compensation for your injuries.
Motorcycle crashes are often expensive and considered to be a high-risk activity. Insurance companies may try to blame you for the crash, cause delays, offer less than your case is worth, or deny your claim, all in an effort to avoid paying you. A lawyer can communicate on your behalf to protect your rights.
How Your Actions After an Accident Impact Liability in Your Case
In a motorcycle accident claim, liability must be shown before you may recover compensation. This process requires strong evidence, which is why you must gather as much as you can. Evidence helps protect you and your claim while also demonstrating the other party’s liability.
In a motorcycle claim, you must show that the other driver owed you a level of safety but acted in direct opposition to their obligations. As a result, they caused an accident that resulted in you suffering various damages. To show each of these elements, you must have thorough documentation and a strong case.
Legal support can be incredibly helpful with this aspect of your case. With their knowledge of the law and legal strategies, they know what makes up a strong case. After carefully reviewing the police report and other evidence, they can determine an effective way forward.
Shared Fault Can Impact Your Motorcycle Accident Claim
In a motorcycle accident, you could be held partially at fault if you contributed to the accident in some way. For example, if you were hit by a distracted driver while you were speeding, then you both caused the resulting accident to varying degrees. This can have implications for your case.
According to A.C.A. § 16-64-122, parties who have a fault ranging from 1-49% percent can have their compensation reduced by their percentage of fault. Parties who are 50% or more at fault are barred from compensation entirely.
Additionally, insurance companies can try to increase your fault to avoid paying you. That is why taking the proper steps after an accident and collecting evidence is critical. These actions might protect you from absorbing fault that was not yours, and help prevent complications.
Damages You May Recover in a Motorcycle Accident Settlement
By taking the right steps after an accident, you have a better chance at securing maximum compensation through a settlement. When you are facing extensive medical expenses and other losses, losing compensation can hinder your recovery and add to the financial burden you are facing.
Recoverable losses generally include your financial expenses and your pain and suffering. Thoroughly documenting all of your losses helps ensure that your settlement is valued accurately and you can recover all applicable losses. Some damages you can recover may include:
- Emergency medical services, ongoing treatments, and future care costs
- Rehabilitation services, medications, accommodations, and medical equipment
- Expenses related to repairing or replacing your motorcycle and personal belongings
- Lost wages or overall earning potential
- Expenses for end-of-life care, and funeral and burial arrangements
- Pain and suffering
- Emotional trauma, such as PTSD symptoms, depression, and anxiety,
- Decreased quality of life
- Loss of companionship, consortium, or services
Horton Personal Injury Lawyers are experienced at negotiating a personal injury settlement and can diligently advocate for you. We calculate how much your case is worth and optimize your case so you can recover the compensation you need.
Statutes of Limitations on Motorcycle Settlements
It is important to take prompt action after a motorcycle crash and to hire a lawyer as soon as you can. According to A.C.A. § 16-56-105, filing a claim must be done within 3 years of the accident or else your right to action is lost. Leave yourself enough time to navigate the process by avoiding delays in action.
Understanding the Factors That Contribute to Motorcycle Accidents
Motorcycle accidents can be caused by a variety of factors, all of which can impact the extent and severity of a crash. These accidents are generally preventable because they are the result of human error or recklessness. As such, actions that can cause motorcycle accidents may include the following:
- Speeding
- Tailgating
- Lane splitting
- Reckless or aggressive driving
- Alcohol or drugs
- Poor road or weather conditions
- Traffic congestion
- Mechanical issues and poor maintenance
- Inexperience
- Incorrect motorcycle size
To understand the cause and hold the correct party liable, the cause of the accident is investigated by police officers. Our lawyers also investigate the cause of the crash to understand the situation so we can prepare your claim accordingly for when insurance adjusters review the cause of the crash.
Motorcycle Accident Injuries and the Importance of Medical Care
While motorcycles can be exhilarating in many ways, these vehicles do not provide any protection from the world around them. Their size can also impact visibility. As such, collisions can cause severe injuries that can have long-term repercussions. Some injuries common in motorcycle crashes may include:
- Whiplash
- Fractured bones
- Soft tissue injuries
- Road rash
- Burn injuries
- Chronic pain
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Internal bleeding, bruising, and organ damage
- Paralysis
- Disfigurement
- Death
The risk of severe injuries is why medical attention is crucial right after an accident. Many of these injuries can cause complications or worse conditions if left untreated for long. Adrenaline, cortisol, and shock can blunt or delay pain, so do not assess your injuries without the aid of medical professionals.
Horton Personal Injury Lawyers Provide Clarity on What to Do in Your Case
Horton Personal Injury Lawyers can help you navigate the aftermath of a motorcycle accident and understand what to do in your case. We are here to provide support, clarity, and counsel so you can rest easy during your case. Schedule a free consultation with our team when you contact us today.