10 Ways To Protect Your Legal Rights Following A Motorcycle Collision

Some people love the freedom of riding their motorcycles.  Some other people see motorcycles in an entirely different light.  It’s no secret that many have prejudices against motorcyclists.  When motorcycle riders are injured, a lot of people tend to start with the unconscious bias that the motorcyclist was probably at fault.  The problem is compounded by the fact that judges and jurors overwhelmingly get around by car, not by motorcycle, and tend to see cases from the automobile driver’s point of view.

Motorcycle riders are subject to all of the risks and hazards of driving that auto drivers are subject to, and then some. Car drivers tend to do better at seeing other cars than they do at seeing motorcycles, for example.  “I never saw him” is a common refrain, even when the crash happened in full daylight on a level, straight road.  Witnesses often get motorcyclist speed estimates wrong: as a small, louder vehicle, motorcycle speeds are consistently overestimated by bystanders.

If you’ve been injured in a motorcycle accident, your first priority should always be your health and safety. But you should also take steps to protect your legal rights.

Evidence can disappear or inadvertently be destroyed during an investigation, and passing time tends to cloud the recollections of all involved. It’s important that you act quickly to protect your legal rights, especially if you’ve suffered significant injuries.

Below are ten things survivors should do following a crash that could help their injury claim.

WHAT SHOULD I DO AFTER BEING INJURED IN A MOTORCYCLE ACCIDENT?

#1: Call 911

A 911 call will help a dispatcher communicate with law enforcement and emergency medical services.  Remain at the scene until after police arrive (unless you must leave for immediate medical care).  Don’t move vehicles unless required for safety, or unless you are directed to do so by the police.

#2: Get Medical Treatment 

If medical attention is not required at the scene, then you should get checked out as soon as possible. Sometimes injuries aren’t immediately evident, and even serious injuries may take time to show symptoms.  Sometimes, prompt medical care can avoid serious adverse health outcomes.

#3: Obtain Contact Info For Everyone Involved

It’s important to gather information from everyone involved in the incident,  including:

  • Names of drivers and vehicle owners;
  • Telephone numbers;
  • Vehicle registration numbers;
  • Names of insurance companies;
  • Driver’s license numbers; and
  • License plate numbers.

#4: Take Pictures, Making Sure to Get Shots of:

  • Different angles of the scene;
  • The damaged vehicles;
  • Visible injuries; and
  • Anything else that you think may be relevant.

#5: Get Witness Info

Write down witness names and telephone numbers in case they need to be contacted later.  If you can’t get that, at least note license plate numbers.

#6: Notify Your Insurance Company

Share just the basics of what happened, sticking to the facts.  Motorcyclists generally don’t have “Personal Injury Protection” under their vehicle insurance to help with medical bills, so this is done partly in case the other driver may make a claim against you.  Remember, if you need to later make an uninsured or underinsured motorist claim, your insurance company’s interests may be adverse to yours.

#7: Don’t Help the Adverse Insurance Company Hurt You

You are not required to make any statements or provide authorizations to the other driver’s insurance company.  The other side is looking out for them, not for you.

#8: No Social Media 

You’ve heard the warnings on TV shows: everything you say can and will be used against you in a court of law.  After a crash, don’t post about the collision, your injuries or treatment, your activities, or your legal matters.

#9: Report to the DMV

In Oregon, if there was injury, or death, or a vehicle was towed away, or there was more than $2500 in property damage, you must submit a report to the DMV within 72 hours.  This is in addition to your duty to call the police.

#10: Seek Legal Counsel

When a motorcyclist is hurt in a crash, they need an advocate in an automobile-dominated world.  We have represented motorcyclists ranging from casual weekend riders to Harley dealers to committed members of various motorcycle clubs.

We work to bring justice for injured motorcyclists. An experienced motorcycle accident attorney can help establish the liability of responsible parties and will handle the entire claims process.

At Corson & Johnson, our lawyers know how to approach a motorcycle injury case. We know how car drivers often overlook or neglect to account for motorcyclists on the road.  We’re here to stand up for your rights. We’re based in Eugene and serve all of Oregon. For a free consultation, give us a call or text today at (541) 484-2525.