5 Ways to Win Your Motorcycle Accident Case

By James Lewis posted 10-25-2020 23:40


Motorcycle accidents are a tragic occurrence in one’s life and also one of the most difficult litigation cases. That’s because motorcycle accident injuries are unique and often come with a lot of contributing factors to the accident. 

A lot of motorcyclists have the belief that the legal system is way harsher towards them because of how motorcycles are perceived in society, therefore they get a harder time in court when it comes to accident litigation. 

This is why it’s important for motorcycle accident victims to know their rights so that they can exercise them should they ever find themselves in this unfortunate position. 

Here are a few tips that you could apply according to an experienced personal injury lawyer:

  1. Get Medical Help

Motorcycle accidents are often very serious and can cause damages like fractures, paralysis, brain trauma, and head trauma. It’s not uncommon for an accident victim to completely lose consciousness only to regain it hours later in the emergency room. 

They may need to stay in the hospital for an extended amount of time, and if the victim is conscious they may be able to describe their injuries to the paramedics. 

Some motorcycle drivers might believe that their injuries aren’t that serious because of previous experience but it’s always a good idea to seek medical help anyway. 

This is to determine if there’s any causal link tying an injury to the accident and will help you figure out when the injury happened if there’s one. 

  1. Continue with the Treatment

It’s important for an accident victim to listen to doctor’s orders. If they need to stay off their bike for a while and take some time off work until a recovery is apparent, then they should do this. 

It’s crucial for an accident victim to complete all medical treatment before commencing the claims process in order to determine how much the defendant should pay in damages. 

Also, insurance companies are always looking for loopholes that allow them to deny a settlement or to award a low-ball settlement amount on the grounds that the victim either denied treatment or didn’t follow medical advice to the latter. 

  1. Delay Motorcycle Repair

An experienced motorcycle accident lawyer will tell you that it’s sometimes better to avoid doing repairs so that you can provide the motorcycle as part of your evidence. 

During the proceeding, accident reconstruction experts may be required to testify on the severity of the accident based on all available evidence including the state of the motorcycle itself. 

Therefore, keeping your bike as it is can help to bolster your claim. 

  1. Get a Police Report

You should always call the police if you get in a motorcycle accident so that you have a police report to corroborate your claim. 

This report can really come in handy because it’ll have important details such as the defendant’s identity, vehicle plate number, and insurance details, as well as any observations made by the police officers. 

  1. Don’t Post on Social Media

Keep details of the accident to yourself and avoid sharing about it on social media because this could compromise your case. 

An insurance company might even use some of your posts as evidence of negligence or try to discredit some of your claims, especially if you claim to be disabled or negatively affected in any way by the accident.