Due to the complexities and complications involved in a personal injury lawsuit, it is important that motorcycle accident victims be aware of their rights and take the appropriate steps to protect their interests. Here are a few tips that The Mark Casto Law Firm recommends to motorcycle accident victims
Seek Immediate Medical Treatment
Many motorcycle accidents are very serious and may result in such injuries as head trauma, traumatic brain injuries, muscle and joint injuries, spine injury or bone fractures. If a person is conscious at the scene, he or she should ask for medical transport to a hospital.
Often, the adrenaline and shock at the scene can mask the seriousness and presence of an injury. Even if the motorcyclist believes that the injury is not serious, it is usually prudent for him or her to seek medical treatment. This is critical for motorcyclists because the nature of some injuries, specifically a traumatic brain injury, which can occur even when wearing a helmet, sometimes does not present themselves or the seriousness of the brain injury for days or weeks after the wreck. This initial hospital visit helps to establish the timing of the injury and the causal link between the accident and the injury, especially as symptoms develop and worsen after the shock wears off after the wreck.
Continue Medical Treatment
The accident victim should also continue his or her treatment regimen. They should obey all instructions given to them by their doctor, including staying off of work or foregoing certain activities until they are fully recovered. Long gaps in medical treatment and failure to follow the medical treatment plan are the most destructive factors in fairly resolving a motorcycle accident injury claim. The type of injury and completion of all necessary medical treatment are driving factors in the value of the damages in a motorcycle accident injury claim.
Call the Police
Even if you think the accident is not that important, call the police. This will help document the accident and important information regarding the at-fault driver, the liability insurance company, and the identity of witnesses. It will also contain information regarding the at-fault driver’s version of the event, information regarding any citations that were issued, whether any photographs/videos were taken of the scene and finally information of the officer’s observations and opinions made at the scene of the accident. All of this information can be very important in securing liability and possibly obtaining punitive damages against the at-fault driver.
Don’t Repair Your Bike
While this tip may seem odd and unusual, our law firm recommends delaying in the repair to the damaged motorcycle. Your motorcycle is a big piece of evidence! In the event, that a motorcycle accident reconstruction expert is required to establish important elements of the accident claim or defeat the insurance companies’ defenses, the damaged and un-repaired motorcycle is necessary as proof and evidence to establish and preserve the motorcycle accident claim.
If you are able, take pictures of the important evidence, including pictures of the damaged bike, the other vehicle, road signs and weather conditions. Also, ask your medical providers to document your injuries by taking pictures before and after important treatments.
Talk to a Motorcycle Accident Attorney
Persons injured in a motorcycle accident need to consult with a motorcycle accident attorney. This is not just any personal injury attorney. You need an attorney with successful experience in handling motorcycle accident claims. Motorcycle accident cases are some of the most difficult to litigate. These are not just regular accident claims. Motorcycle accidents generally have more serious and complex injuries, the science involved in the accident, and contributing factors of the cause of the accident.
There is generally a bias against motorcyclists, and they are judged more harshly than accident victims who were injured in a passenger vehicle. Because of these issues, when you have been injured while riding a motorcycle, you need our representation at The Mark Casto Law Firm.
For more information about our legal services and other ways we may be able to help, contact us online or call (706) 940-4002.