What Should You Do After a Motorcycle Accident?

We’ve been talking all about what to do after a motorcycle accident, but please, take one bit of advice from a seasoned motorcycle accident attorney—what you do before a motorcycle accident matters even more. Wear a helmet.

Texas Transportation Code § 661.003(1)(c) states that a person is NOT required to wear a helmet if they are at least 21 years old and have “completed a motorcycle operator training and safety course” or have a suitable health insurance plan that covers “injuries incurred as a result of an accident while operating or riding on a motorcycle.” Even though you may avoid a citation, you may not prevent the heightened risk of death or brain injury.

In 2021, Texas ranked third in the nation for the most motorcycle crash deaths, with 523 fatalities. That accounts for 12% of the total motor vehicle crash deaths in Texas, even though motorcycle registrations only made up 1.5% of the motor vehicle registrations that year.

When you are in a motorcycle crash, you don’t have airbags or the structure of the car or truck to protect you. Your body takes the full impact of the collision. According to data compiled by the Cochrane Library, wearing a helmet is estimated to provide a 42% reduction in the risk of death from a motorcycle accident and a 69% reduction in the risk of head injury.

If you enjoy riding your motorcycle along the open roads of Texas, wear your helmet. It may save your life. And if you find yourself involved in a crash, call a motorcycle accident attorney for help navigating your claim.

After a motorcycle accident, there are several actions you should AVOID to protect your health and potential legal claim:

• Don’t Leave the Scene

Unless immediate medical attention is needed, do not leave the accident scene before authorities arrive. This could lead to hit-and-run charges.

• Don’t Neglect Medical Attention

Don’t ignore getting checked by medical professionals, even if you feel fine initially. Your health is your priority. Some injuries may not be immediately apparent and could worsen without treatment.

• Don’t Minimize Your Injuries

Don’t claim you’re unhurt immediately after the accident. Symptoms may not appear until later, and this statement could be used against you during a claim.

• Don’t Admit Fault

Avoid admitting fault at the scene, even if you believe you’re responsible. Insurance companies will jump on anything that absolves them of financial responsibility. Liability can be complex and is determined by various factors, not just initial perceptions. Allow an experienced motorcycle accident attorney to evaluate your case and establish who is at fault.

• Don’t Speculate About the Accident

Avoid speculating or guessing about the accident’s details. Stick to facts when speaking to law enforcement or insurance representatives.

• Don’t Forget to Gather Evidence

Collect as much evidence as possible from the scene, including photographs, witness information, etc. But don’t interfere with police investigations.

• Don’t Dispose of Physical Evidence

Keep any damaged clothing or equipment. They may serve as critical evidence demonstrating the impact of the accident.

• Don’t Engage With Insurance Companies Alone

Consult a motorcycle accident attorney before speaking to insurance adjusters. They can guide you to avoid statements that might reduce your claim’s value.

• Don’t Agree to Any Settlements Without Legal Counsel

Don’t agree to any insurance settlements without consulting a lawyer. Early offers might not fully compensate for your damages.

• Don’t Discuss the Accident on Social Media

Public discussions, especially about your health or details of the accident, can undermine your claim.

Remember, having a motorcycle accident lawyer guide you can help you to avoid pitfalls that could damage your claim.

In the aftermath of an accident, your first instinct may be to apologize, even if it’s just an expression of empathy rather than an admission of fault. However, as guided by an experienced motorcycle accident attorney, you should refrain from apologizing for several reasons:

• Misinterpretation of Fault

An apology can be misconstrued as an admission of guilt, even if that was not your intention. It could be used against you in legal proceedings to establish liability.

• Incomplete Understanding of the Accident

The complexities of an accident may not be fully clear at the scene. Factors like the other party’s actions, mechanical failures, or road conditions can contribute to an accident.

• Influence on Insurance Claims

Insurance companies can use your apology as a reason to deny your claim or reduce your compensation.

• Legal Implications

Your words can have legal implications. It’s best to limit your discussions of the accident to factual statements to police, medical personnel, and your motorcycle accident attorney.

Remember, protecting your rights after an accident is essential, and a lawyer can guide you in handling conversations post-accident.

Motorcycle accidents often result in severe injuries due to the rider’s exposure and minimal protection. Here are some common injuries:

• Head & Brain Injuries (including TBIs)
• Spinal Cord Injuries
• Fractures (particularly of the arms, legs, & pelvis due to the force of the impact and the instinct to brace against a fall)
• Road Rash
• Disfigurement
• Biker’s Arm (when a rider instinctively uses their arm to break a fall, leading to nerve damage in the arm)
• Limb Amputations
• Internal Injuries

It’s critical to consult a motorcycle accident attorney following such injuries to ensure you are seeking appropriate compensation for your medical expenses and suffering.

After a motorcycle accident, awareness of the various physical outcomes is crucial. Immediately after the crash, your body’s response may be an adrenaline rush, which can mask the pain of injuries. Once this subsides, the extent of physical trauma like fractures, road rash, contusions, or internal injuries can become evident.

Severe accidents may lead to critical injuries like TBIs, spinal cord damage, or loss of limbs, each with long-term physical implications. Less visible injuries like whiplash or concussion may not be noticeable instantly but can manifest later as headaches, dizziness, or memory problems.

Regardless of the perceived severity, always seek immediate medical attention after a motorcycle accident. This is vital for your health and ensures these injuries are documented, which is essential for any subsequent legal claims.

If you’re facing medical bills, long-term care costs, and other expenses after a motorcycle accident in Texas, you’ll want to do whatever it takes to receive just compensation. The first step is to consult a motorcycle accident attorney and evaluate your claim.

According to Texas Civil Practices & Remedies Code § 16.003(a), there is a 2-year statute of limitations on personal injury claims. Though that may seem like plenty of time, there are two main reasons to act swiftly. First, it takes time to assemble a solid claim for compensation. Second, fresh evidence and recent recollection will strengthen your claim.

If you attempt to pursue compensation later than the allotted 2 years, your case could be denied. When trying to recover from your injuries and get back to the life you had before the accident, the last thing you want is to lose your right to recompense. Contact a motorcycle accident lawyer as soon as possible to evaluate your case.