The moments following a motorcycle accident can be frantic. In an ideal scenario, no one is too seriously injured, but unfortunately, motorcycle accidents often result in catastrophic injuries to bikers.
These catastrophic injuries can form the core of a personal injury lawsuit against the other driver if that driver was negligent in causing the wreck. To give yourself a better chance at succeeding in such a lawsuit, there are a few essential first steps to take after a Marion County motorcycle accident you can take. Following these guidelines could help you take care of both yourself and your case as best as your circumstances allow. For additional information, contact an experienced motorcycle accident attorney at Sevenish Law Firm.
Obtain Necessary Medical Care
It is a rare motorcycle accident that does not result in some kind of physical injury. In fact, all motorists have a duty under the law to ensure that people involved in a motorcycle crash get the medical attention that they need. Indiana Code §9-26-1-1.1 makes it a crime to not call for help when someone is injured in an accident.
Injured individuals in accidents could fulfill their duties to get help for other drivers after a motorcycle wreck by calling 9-1-1. This could have the dual effect of sending a police officer to the scene of the accident and dispatching an ambulance if people are injured.
Having the police come to the scene can also be a vital part of proving a civil case. The responding officer is obligated to produce an impartial report that describes the incident and may even assign blame for the accident on a certain driver.
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Collecting Evidence at the Scene
If a motorcyclist is not seriously injured, one of the first steps to take after a Marion County motorcycle accident is to take pictures and videos of the scene. Anyone with a smartphone has a camera with them. Injured people could use their cellphones to take pictures and videos of the vehicles involved, stop signs or stop lights at an intersection, and the weather conditions at the time.
It is generally safe to assume that the other driver’s insurance company will be conducting their own investigation of the incident. However, the injured person has the advantage of actually being there immediately afterward. If they can collect evidence before the other party, they may have an advantage in court.
Contact the Insurance Company
The third step that a person involved in a motorcycle accident should make, after the ones made to the police and an attorney, is to their insurance company. An insurance agent could then take steps to create a file on the case, preserve evidence, and make arrangements for the payment of some medical bills.
The insurance company may also take steps to prove the liability of the other driver. However, this is mainly to protect them against being sued. To pursue civil actions against other drivers, the injured party needs to make demands of the other driver’s insurance company.
However, they should be cautious about filing a claim themselves. Insurance companies love to take advantage of unrepresented claimants, especially in motorcycle accident cases. The companies may take steps to try and convince the biker that the accident was their fault, or pressure them into signing statements against their own interests. As soon as a motorcyclist hires an attorney, the insurance company can no longer directly contact the plaintiff.
Steps Taken After an Accident May Make All the Difference
Motorcycle accidents can have serious consequences. Your bike may be totaled, and you might suffer a serious injury on top of that. If another driver is at fault for the accident, they could be held legally responsible for all damages that result. To avoid any issues, it is important to take certain steps. One of the first steps to take following a Marion County motorcycle accident is to dial 9-1-1. The next step would be to seek medical care for yourself and others. It is also important to preserve as much evidence as possible for your case.
Following the accident, you should also contact your insurance company, but do not give a statement, especially without speaking with an attorney first. Retaining the services of an attorney is one of the most important steps you can take following an accident. To increase your prospects of recovering compensation, there are a few simple first steps to take after a Marion County motorcycle accident. If you contact emergency services, take photos or videos of the scene, and contact your insurance company as soon as possible after a crash, your likelihood of recovering compensation for your injuries is likely to increase.