Bike rallies in Galveston and scenic highways in the hill country. Whoever would’ve thought the Lonestar State caters to motorcycle riders? While Texas has plenty of great places for riders to explore, there are also risks. Motorcycle accident rates aren’t exactly low.
Along with hiring a Midland TX motorcycle accident attorney, do you know what else to do if you’re involved in an accident? The steps you take can make a difference in whether you can proceed with a motorcycle accident claim.
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Assess Yourself for Injuries
Here’s a sobering statistic. In 2023, 599 motorcycle riders lost their lives in crashes. Around 2,483 motorcycle riders suffered serious injuries in accidents. After being involved in an accident, take a second to check yourself for any injuries.
If you’re seriously injured, don’t move! Wait for help to arrive. Trying to move around can make your injuries worse. There’s no reason to risk your life even to move your bike to safety.
Immediately Report the Accident
Texas law is fairly clear. All motor vehicle accidents must be immediately reported if any injuries are present.
The law goes on to require all accidents with fatalities or property damage exceeding $500 must also be immediately reported to the authorities. Yes, this means hanging around the accident scene until the authorities arrive. This isn’t the time to ride off into the sunset. Leaving the scene of an accident can result in an expensive hit-and-run ticket.
During your call to 9-1-1, give the emergency operator as much information as possible. Let the operator know if anyone sustained serious injuries. This way the operator knows which emergency personnel to send. For example, you’re probably not going to need an ambulance if the injuries are limited to a few minor scrapes.
Be ready to answer some questions about the accident but keep your answers brief. Don’t speculate about the accident’s cause or talk about your actions leading up to the collision. Pretty much everything you say is going to end up in your accident report, and the insurance company is going to get a copy. The insurance adjuster may try to use your words to try and reduce the value of your accident claim.
Something else to keep in mind. Texas is a modified comparative negligence state. Since this insurance rule lets more than one individual be responsible for the same accident, you don’t want to say anything that might imply blame. If you’re assigned a percentage of fault, your compensation amount will be reduced.
Try to Document the Accident Scene
Your health is always a priority so don’t worry about documenting the accident scene if you sustain injuries. However, if you’re up and walking around with only some scrapes and bruises, grab your smartphone.
You’re going to open the camera app and turn into an amateur photographer. Don’t worry about things like the lighting or centering each image, just focus on documenting the scene. You’re not trying to win a photography award. You’re only collecting evidence to help support your motorcycle accident claim.
So, what kind of evidence are you trying to collect? Take some pictures of your property damage, along with the position of your bike. Sometimes, where your motorcycle ends up after an accident can help establish liability.
Go ahead and get contact information from any witnesses but don’t discuss the accident. Once again, the insurance company is going to talk to the same witnesses and you don’t want your words used against you.
Make a note of any surveillance cameras in the area. This includes traffic cameras. The cameras may have video footage of the accident your personal injury attorney can subpoena.
Don’t Put Off Medical Attention
Just because you’re walking around after the accident doesn’t necessarily mean you’re okay. Some injuries take a while before they start showing signs and symptoms. Internal injuries are a good example.
Texas law does give you a reasonable amount of time to discover any injuries stemming from a motorcycle accident. The keyword is a reasonable amount of time. So, don’t wait months before making an appointment with your primary healthcare provider. Waiting too long to diagnose your injuries often makes it harder to recover compensation. Besides, it can also put your health at risk.
Contact the At-Fault Driver’s Insurance Provider
Take a deep breath and pick up the phone. You’re calling the insurance company to let them know you’re getting ready to file a personal injury claim. This simple step can help get the ball rolling on your eventual injury claim.
However, don’t fall into any traps during the brief phone call. The insurance company is going to pepper you with questions and it’s not time to start providing answers. You’re still figuring out the details of your claim so don’t get the insurance company involved just yet. There’s time for this when you’re ready to file the paperwork.
Calculate Your Damages
Adding up your losses may seem pretty easy. When it’s your economic damages, you’re probably not going to run into any trouble. Just grab your bills, receipts, and estimates and add up the total amounts. This is the easy part.
Now, it’s time to move on to your non-economic losses. These are things like your pain, suffering, and mental anguish. Since non-economic damages don’t come with handy receipts, figuring out the value can be challenging. You’re going to need to use either the multiplier or per diem methods to come up with the value.
Either method is fine, though it’s usually a good idea to use both. This way, you’re ready with a counteroffer if the insurance adjuster rejects your first one. Sometimes, this can speed up the claim process just a little bit.
You Should Plan on Retaining a Personal Injury Attorney
Being involved in a motorcycle accident can be devastating. However, you can simplify the compensation process by partnering with an experienced Texas accident attorney.
From calculating your damages to dealing with the insurance company, your attorney can handle the legal process. This way, you can concentrate on recovering from the accident.
