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WHAT TO DO WHEN YOU ARE INVOLVED IN A MOTORCYCLE ACCIDENT
By Daniel R. Rosen,Esq.
TheColoradoMotorcycleLawyer.com
The freedom you experience riding a motorcycle with the wind in your hair on the open road can be taken away in a matter of moments if you are involved in a motorcycle collision. It is important to know that your risk of being involved in a motorcycle accident is greatly reduced if you wear safety gear and take defensive driving lessons. However, with motorcycle accidents on the rise, no matter what precautions you take to operate your motorcycle safely, you are always at risk of being injured or killed by other motorists on the road.
If you are involved in a motorcycle accident, or any vehicle accident, it is important to remain at the scene. Leaving an accident scene can result in a charge of “hit and run” or “leaving the scene of an accident” which can further complicate an already stressful situation. Also, if you leave the scene of the accident, you are allowing the account of the other driver involved to be the basis for the police report. That means the other driver may place 100 percent of the blame on you.
Not only is it important to remain at the scene of the accident, but it is also important to check for injuries and call the police. It is essential to file a police report immediately following an auto accident so that there is official documentation of what happened. Be sure to seek medical attention even if you are only feeling minimal symptoms. Remember, after a motorcycle accident you may be in a state of shock, which will interfere with your ability to accurately assess the pain that you are feeling or the injuries you sustained. Not seeking immediate medical attention may affect your ability to receive fair compensation for your injuries. Even if your injures are not obvious at the time of the accident, be sure to have your condition checked by a medical doctor as soon as possible after the accident.
It is also important to collect information from the other motorist(s) involved in the accident. You will want to exchange driver’s licenses and vehicle registration papers with the other driver(s) and write down the following information: name, address, date of birth, telephone number, driver’s license number and expiration date, insurance company and contact information, written description of the other vehicle (the make, model, year, license plate number and expiration date, and vehicle identification number).
Another important thing to do is preserve evidence of the motorcycle accident. After experiencing a traumatic event, the last thing on your mind is taking pictures of the scene and recording detailed notes about the accident. While you may be in a state of shock and want nothing more than to get home after an accident, it is imperative that you take measures to preserve evidence at the scene of the accident. After going through such an emotional and damaging event, you may think that you will never forget details of the accident, however, you might.
The first thing you will want to do to create a record of the motorcycle accident is to take photographs. You will want to document the accident scene and damages to the vehicles and people to create a pictorial record of the scene. If you are able, take pictures from near and far and from different angles. Be sure to take pictures of the road conditions and any other factors that may have contributed to the accident. Take pictures of skid marks, road debris, and anything else that may help an expert recreate the scene if necessary to successfully pursue your accident claim.
If you or anyone in your party has sustained an injury, it is necessary to photograph the extent of the injury. Not only do you want to take photographs of the injuries as soon as possible after the accident, but you will want to document the healing process with photos, copies of medical records, and evidence of lost wages due to the injury.
In addition, to this documentation be sure to keep a daily journal log to record the pain that you are experiencing after an accident. Also, keep track of any additional expenses or losses incurred from your injury such as medical prescriptions, bills and how the injury has affected your life.
It is a lot to remember right after an accident, but taking these steps will help you.
As is often the case in motorcycle accidents, you will not be able to take these actions if you have been injured severely. So, it is imperative that you contact a motorcycle accident lawyer as soon as possible after your motorcycle accident so he or she can investigate the accident and put together a strong case for your claim. Be sure to contact a lawyer who has experience handling motorcycle accidents, as they will be familiar with the intricacies of law as they pertain to your case. Many factors can contribute to your damages and injuries as an experienced motorcycle accident attorney can help you receive the compensation you deserve.
Daniel R. Rosen has been riding motorcycles and handling accident cases for over 25 years. If you have any questions on this topic, or any other accident related question, please email Dan Rosen at Tracie@DanielRRosen.com and we will try to answer your questions in this column. If you are in need of immediate assistance call 1-800-ROSEN-911, or 303-454-8000.
