Riding a motorcycle gives you freedom and a sense of control, but all it takes is a split-second crash to turn everything upside-down. Unfortunately, accidents happen frequently. In 2023, motorcycle crashes accounted for 82,564 injuries and 15% of all traffic fatalities.
For many riders, an injury is more than just pain. It’s often a complex mess of paperwork, insurance problems, and legal pitfalls. Many injured riders often miss how the legal, medical, and financial implications overlap. In this article, we’ll explore what motorcyclists routinely forget after an injury on the road.
1. The value of early legal help
Before you leave the hospital, you’re already involved in a legal and insurance game – you just don’t know it yet. Many riders focus only on healing, which is important, but you can’t forget that fault, liability, and legal strategy all matter after a motorcycle accident. That’s why it’s important to get legal help right away.
It’s tempting to delay seeing a lawyer if you have other things on your mind, but don’t tell yourself you’ll figure it out later. The longer you wait, the harder it is to secure important evidence, get witness statements, and gather supportive medical documentation. An experienced attorney who deals with motorcycle injury claims can help you with all this right away.
Another issue to look out for is overlapping liability. Motorcycle injuries aren’t always simple. Sometimes there are other factors involved like reckless driving, a DUI, or a criminal prosecution tied to the incident. All of these factors will impact how you approach your claim and having an experienced attorney can help.
2. The importance of thorough medical documentation
When you’re dealing with injuries after a motorcycle crash, you’ll need more than just an X-ray or written diagnosis from your doctor to prove your case. Every aspect of your medical history matters. You need a copy of everything possible, including all test results, prescriptions, doctor’s notes, charts, and referrals.
If you experience injuries that take time to show up like internal bleeding or a concussion, you need that documentation for your case. Your lawyer can’t just explain that you experienced additional problems – you need to prove it all. Since medical records can take time to obtain, request them immediately and keep checking in so your request doesn’t slip through the cracks.
3. Insurance liability can be a minefield
With serious injuries and expensive bikes, insurance and liability can be a nightmare. Policies for motorcycles are usually different than policies made for cars. It’s crucial to know what your policies cover and if you aren’t sure, call a lawyer.
The biggest issue you’ll face with insurance is being offered a fast settlement before you’ve had time to fully assess your long-term costs. Insurance companies always lowball initial offers, hoping the injured party will accept the payout and move on with their life. But the amount offered is rarely, if ever, in line with what your case is worth. If you accept an offer too soon, you won’t be able to get more money later, even if your injuries get worse.
In some motorcycle crashes, more than one party can be held responsible, including the injured motorcyclist. In some states with strict helmet laws, injured motorcyclists who were not wearing a helmet at the time of the crash may see their compensation reduced. And there could even be criminal charges filed against you for a DUI or reckless driving. These factors can complicate your insurance claim or civil lawsuit. In any of these situations, you’ll need a lawyer to handle your case.
4. Social media can have a negative impact
Anything you post to social media, whether it’s text or a photo, can influence your case. Many people don’t realize that seemingly innocent posts can be used against them. For example, you might post a photo of yourself sitting on your bike in your own driveway smiling while you’re in excruciating pain, not intending to ride at all. But attorneys and insurance companies might use that photo to suggest you’re not really injured and you’re back to riding as usual.
Never post anything to social media after being injured in an accident. Don’t even post updates on your health or check in anywhere. Any and all activity is fair game for an insurance adjuster determined to devalue or dismiss your case.
Handle your business now – don’t wait
Getting injured while riding can be physically and financially devastating, but with the help of a skilled personal injury attorney, you can navigate the maze without falling into any legal traps.
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