Here are seven of the most common mistakes that can hurt your motorcycle crash claim.
1. Leaving the Scene Without Documenting Everything
If you are physically able to do so after a crash, document the scene before anything is moved. Take photos of your motorcycle, the other vehicle, the road, any skid marks, traffic controls, and your injuries. Get the names and contact information of any witnesses. Note the time, weather conditions, and lighting. Evidence from the scene of a motorcycle accident is often the foundation of a successful claim.
2. Not Calling the Police
A police report creates an official, contemporaneous record of what happened. It documents the other driver’s information, any traffic citations issued, initial statements from both parties, and the officer’s observations. In Alabama, where fault disputes can determine whether you recover anything at all, a police report is a critical piece of evidence. Even if an accident seems minor, call 911 and wait for an officer to respond every time.
3. Waiting to Get Medical Treatment
Adrenaline after a crash can mask serious injuries. Traumatic brain injuries, internal bleeding, spinal injuries, and soft tissue damage may not produce obvious symptoms immediately. Waiting days or weeks to seek medical care creates two problems: it can allow injuries to worsen, and it gives insurance companies grounds to argue that your injuries weren’t serious — or weren’t caused by the crash. Don’t wait to get treatment.
4. Talking to the Other Driver’s Insurance Company
The other driver’s insurance company is not your ally. Their goal is to resolve your claim for as little as possible — and motorcycle riders are particularly vulnerable to adjuster tactics because of the bias that exists against riders in the minds of many people. Adjusters may suggest the rider was speeding, weaving, or otherwise acting recklessly. Do not give a recorded statement, do not accept any payment, and do not sign anything without first speaking to a personal injury attorney who handles motorcycle cases.
5. Settling Before You Know the Full Extent of Your Injuries
Motorcycle crash injuries are often severe — road rash, broken bones, traumatic brain injuries, spinal cord damage, and internal injuries are all common. The long-term medical and financial consequences of these injuries may not be fully understood for weeks or months after the crash. Accepting a settlement before that picture is complete almost always means leaving money on the table. Once you sign a release, you cannot pursue additional compensation even if your condition worsens significantly.
6. Posting About the Accident or Your Recovery on Social Media
It’s unfortunately true that insurance companies and their investigators monitor the social media accounts of claimants. A photo of you on a friend’s bike, a post about a good day, or a comment about feeling better can be used to challenge the severity of your injuries. Avoid posting about the accident, your physical condition, or your activities.
7. Hiring an Attorney Without Motorcycle Case Experience
Not every personal injury attorney handles motorcycle cases — and not every attorney who does handles them well. Motorcycle crash cases require an attorney who understands the unique bias riders face, knows how to present these cases to a jury, and has the trial experience to take the case all the way if the insurance company won’t offer fair compensation. The difference between an attorney who settles quickly for whatever is offered and one who is prepared to go to trial can be worth hundreds of thousands of dollars.
Call an attorney who has handled motorcycle cases in Alabama and who isn’t afraid of a courtroom. Alabama Personal Injury Lawyers, LLC works on a contingency fee basis: no fee unless we win. Call 205-INJURED for a free consultation.