Building a Strong Motorcycle Accident Claim: Do’s and Don’ts

When the dust settles in the aftermath of a motorcycle wreck, you’ll be confronted with a pressing question: What should you do next? As this is probably the first time you’ve had to take legal action after suffering a serious injury, mapping out a plan to tackle the task of filing your personal injury claim can feel like a daunting prospect.

In this article, we share a few do’s and don’ts to keep in mind as you start building your case: 

Do Gather Evidence at the Accident Scene 

The site of the accident is a potential treasure trove of evidence, but you will have to act quickly as much of this proof can disappear within a few days. For instance, road markings will fade over time, damage to the vehicles involved could be repaired, and eyewitnesses may forget what they saw.  

As such, it’s crucial to start gathering evidence right away. If you’re physically unable to return to the scene, you should ask a family member or friend to scour the wreckage on your behalf.  

Evidence that could be useful to your case might include: 

  • Photographs of the vehicles involved, road markings, and street signs; 
  • Surveillance camera or dashcam footage; 
  • Eyewitness statements and contact details; and 
  • Official accident reports. 

Don’t Discuss the Wreck on Social Media 

In the wake of a serious wreck, it’s only natural to turn to those closest to you for support. While recanting your ordeal to your followers on social media can help alleviate some of the intense emotions you’re experiencing, sharing any information about the collision online could compromise your case. 

For instance, the insurer may be able to use your comments to challenge your credibility. Even seemingly unrelated posts could be weaponized and used to deny you compensation. For example, pictures of you at a social event just a few days after the crash could open the door to disputes over the severity of your injuries or whether you’re following your doctor’s orders. In most situations, it’s best to deactivate your social media profiles for the duration of proceedings.  

Do Seek Medical Treatment 

If you were able to walk away from the accident, you might not think that scheduling a doctor’s appointment is necessary. However, skipping this crucial step could not only leave a potentially serious injury undiagnosed, but it could also lead to challenges during the claims process. 

Ultimately, the insurer will want to see that you took sufficient steps to mitigate your losses. Failing to seek treatment within a reasonable timeframe could give the insurance company room to argue that some of your losses stem from your own negligence. In such situations, your financial award may be reduced.  

Don’t Forget to Track Your Damages 

Once you’ve established that another party is liable—or partially liable—for causing the wreck, you will need to gather evidence to demonstrate the kinds of losses you suffered. From your medical treatments to replacement services to repairs, many costs might be recoverable in the aftermath of a crash.  

As such, you should gather and compile any associated receipts and invoices to share with your attorney. Additionally, if you were unable to work because of your condition, you should also obtain proof of the wages you lost such as letters from your employer, pay stubs, and tax returns. 

Discuss Your Case with a California Motorcycle Accident Attorney 

If you were struck and injured by a negligent motorist, turn to the attorneys at Harris Personal Injury Lawyers to find out how you might be able to recover compensation for your medical bills and other losses. We provide personalized representation, tailoring our approach to the unique circumstances surrounding your case. 

Our goal is not only to help you secure a financial award, but also to take steps to minimize stress, uncertainty, and hardship during this challenging chapter of your life. Dial 1-800-GO-HARRIS or jump to our Contact Page to request a free case evaluation with a California motorcycle accident attorney.