Did you know that a motorist is 26 times more vulnerable to fatal injuries or even death in a crash than a vehicle’s passengers? Motorcycles are less visible and stable, making them more susceptible to road accidents. Since you lack an enclosed vehicle’s protection, you are more likely to suffer fatal injuries.
Filing for a motorcycle accident compensation claim is an effective way to cater to your recovery expenses and provide for your family if you suffer injuries in a collision. In this article, we highlight eight tips for maximizing injury compensation in a motorcycle accident claim.
1. Seek medical attention
The first thing you should do after leaving an accident scene, even when you do not feel like you have been hurt, is to visit a healthcare provider. An accident’s impact may become apparent days or weeks after a collision. Seeking medical assistance allows your healthcare provider to perform a complete body evaluation to avoid severe complications in the future. Be sure to follow the treatment plan recommended by your physician to speed up recovery.
Your doctor can also provide an accurate account of the severity of your injuries and damages. They can also be witnesses in your motorcycle accident case. Your doctor will document your injuries and health, and your Lexington motorcycle accident lawyer can use this evidence to help you build a strong case and negotiate a higher settlement.
2. Collect evidence
One of the most effective ways to build a solid case, especially if your case is taken to court or convince the other parties involved to offer a higher settlement, is by gathering evidence. If your phone is still intact, consider taking many pictures and videos of the scene. You could also speak to the people present on the accident scene and collect their contact information,
The police will also likely respond to the motorcycle injury accident. Ensure you also get a copy of the police report. The compensating parties often give a lot of weight to a police report.
Once you leave the accident scene, consider writing a detailed account of the accident while the incident is still fresh in your mind. Note even the most minor observations. If the other party made admissions, such as they did not see you or were sorry, do not leave them out in your notes. An admission from other parties is valuable evidence that your motorcycle accident attorney could use to prove liability.
3. Stay quiet
Do not give your opinion about whose fault the accident was as you wait for law enforcement to arrive at the accident scene. Avoid apologizing to other victims, as this is often viewed as an admission of guilt.
It is also best to stay off social media after leaving the accident scene. Whatever you say or post on social media can be used against you. Avoid discussing details of the accident with anyone, even your close relatives and friends, until an agreement is reached. Let your motorcycle accident attorney do all the talking.
4. Do not repair the motorcycle immediately
It is natural to want to repair any damages to your motorcycle, especially when you did not suffer severe injuries, to resume your daily routine. However, avoid doing so right away. The bike is a vital evidence piece and can be used to help prove the other party’s liability. It can be used to demonstrate the severity of the collision. Your attorney could even hire an accident reconstruction expert to use your motorcycle to provide an opinion about the cause and severity of the accident during a court trial.
5. Document expenses
Be sure to keep a detailed record of all expenses you incur due to the motorcycle accident. Here are some costs you should include in your report:
- Medical bills: Document prescription, rehabilitation, and surgery costs, among other medical expenses. If the accident is severe and you must be rushed to the healthcare facility, ensure you also document the transport costs.
- Lost income: You will likely miss work following a motorcycle accident. This could extend for weeks, months, years, or even permanently. Ensure you record the lost income and wages for every hour you miss work.
- Potential losses: Get an expert to calculate and account for any potential monetary losses you could incur in the future due to the accident. This includes continued medication and treatment costs, among other expenses.
6. Hire an experienced motorcycle accident lawyer
Motorcycle accidents often get complicated quickly. Not only can the other motorist involved file a legal case against you. The insurance company may look for strategies to deny compensation or significantly reduce the amount you are duly owed. To maximize your injury compensation and protect your rights, liaising with an experienced motorcycle accident attorney is best.
A motorcycle accident lawyer is familiar with the legal process and can help you obtain relevant evidence. They can also handle correspondence with the other motorist’s legal team and recommend the best action. A personal injury lawyer specializing in motorcycle accidents is also familiar with legal jargon, so they will likely not be intimidated by the insurance companies. You have better chances of getting maximum compensation when working with a motorcycle accident lawyer.
7. File your injury compensation claim as soon as possible
Be sure to file an injury claim as soon as you can. Most states limit the time you can file your case after an accident. By filing your claim as quickly as possible, you reduce the risk of missing the deadlines, which could lead to not getting any compensation at all. Filing your claim also allows you to start collecting evidence legally.
8. Take your case to court
While you should strive to resolve your motorcycle accident claim out-of-court, there are some instances where seeking the court’s intervention could be beneficial. Below are instances when you should consider taking your motorcycle accident case to trial:
- You suffered severe or permanent injuries
- There are substantial damages involved
- Liability disputes
- More than one party is at fault for the collision
- Someone was killed in the crash
Endnote
The secret to maximizing compensation in a motorcycle accident claim is providing irrefutable evidence. Be sure to present and preserve the necessary reports until your case is settled. You should also keep off social media, file your claim as soon as possible, and work with an experienced motorcycle accident lawyer to get the maximum compensation.
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