What Would an Attorney Recommend Doing After a Motorcycle Accident?

Motorcycle accidents in Georgia can be catastrophic, causing serious injuries or even death. We know legalities are the last thing on your mind after a stressful road crash, but the truth is, what you do afterward can impact your financial recovery.

That’s why it’s so beneficial to get advice from a motorcycle accident lawyer in Atlanta. They already know how to handle the legal process that takes place after a collision and can support you with evidence gathering and liability claims.

To help you understand what to do next, here are the top eight things an attorney would recommend doing after a motorcycle accident.

Check Everyone for Injuries

The well-being of those involved in a motorcycle crash takes priority over anything else. As soon as the collision happens, check your own injuries and if immediate medical attention is needed, call 911 right away.

The same goes for anyone else who needs medical assistance, especially other motorcyclists, who are at higher risk. Injuries can worsen quickly with time, and some injuries, like internal bleeding, may not be obvious right away, so make sure anyone who requires help gets it.

Calling for help does not place any blame on you or make you responsible for the collision; it just provides a better guarantee for your safety.

Move Away from Additional Hazards

If you can, move your bike off the road, especially if it’s in the line of oncoming traffic. The last thing you want is another motorcycle accident or getting hit by a car as you try to handle the aftermath of the initial accident.

Oncoming drivers and motorcyclists may not know that a collision has happened, especially since crashed motorcycles are harder to see than cars. Plus, the accident may cause debris that can lead to additional injuries or crashes.

Use emergency lanes if possible and make sure you are in a safe location before handling any other details of the crash.

Report the Motorcycle Accident

Next, call the local police department to report the accident. In Georgia, you must report an accident if there are injuries, deaths, or significant property damage.

When you report your motorcycle accident to the police, an officer will respond to the scene and create a police report of the accident. This is an official document that you’ll need if you file a personal injury claim for your costs. It helps prove that the accident and other details of your case happened.

When the officer arrives, be sure to tell them what you remember happening before, during, and after the accident. But never admit blame or fault in the collision. And be sure to mention your injuries and any damage to your bike.

Take Crash Scene Photos

To help with your claim, you’ll need evidence. A good way to document damages is by taking pictures of the scene. As long as you can stay safe doing so, use your phone to take photographs of:

• The entire accident scene and surroundings
• Damage to your bike
• Your injuries (and injuries to your passenger, if you had one)
• Any other details you think could be relevant to your case

If the other driver is acting suspiciously, aggressively, or drunk, you might try getting a video as evidence of their behavior. But make sure you are safe when doing so. Alternatively, try to find out if there is any CCTV camera footage that might have captured the incident.

Gather Information from Others at the Scene

Gathering proof is important because if you were not at fault for the collision, you are legally entitled to seek financial compensation for your damages. Damages include costs like medical bills, repairs or replacement of your motorcycle, lost wages from time taken off work, and more.

To get a fair settlement for your motorcycle accident claim, you’ll need to provide proof of the accident, the other driver’s negligence, and your damages.

Other ways to compile information after the accident:

• Get the names, contact information, insurance information, and vehicle information of everyone involved.
• Talk to eyewitnesses and get their names, phone numbers, or email addresses.
• Ask for the police report number.
• Get the name and badge number of the responding officer(s).

Never Admit Fault

Most people are used to apologizing out of politeness, but you should refrain from this during a motorcycle accident. Be courteous when talking to other drivers involved, but never admit blame or fault.

The exact cause of an accident is not usually clear right after. Even if you feel like you caused the crash, there might be more to the story. Plus, some drivers still, unfortunately, hold unfair biases against bikers and may make it seem like a situation was your fault—when it wasn’t. You don’t want to accept any fault that isn’t yours because it can be detrimental to your insurance claim.

You can protect yourself by limiting what you say to others until you’ve spoken to a legal professional. This includes the other driver’s insurance company. In fact, it’s best to avoid talking to them at all until you’ve consulted with an attorney.

Report the Motorcycle Crash to Your Insurance (But Be Cautious)

You’ll need to call your insurance company after the motorcycle accident happens. Provide them with all important information about the incident, but wait to discuss any fault, injuries, or other damages.

Tell them you’ll wait to provide these details until you’ve seen a doctor, taken your motorcycle to a mechanic, and spoken to your attorney.

Contacting your auto insurer helps create more documentation of the accident. It also makes your accident claim official, providing a clear record of the incident. 

Call a Motorcycle Accident Attorney

Most motorcycle accident victims choose to work with a law firm that has experience in these types of cases. That’s because insurance claims can be complicated and frustrating.

Insurance companies are for-profit businesses that will look for ways to reduce the compensation that is paid out to cover your damages. They could deny your claim, try to say you are partially at fault, or offer you a dollar amount way below what will actually cover your costs.

An experienced lawyer can help you understand this process and negotiate with the insurance company on your behalf.

What Are the Main Causes of a Motorcycle Crash in Georgia?

A motorcycle crash in Georgia can happen for a variety of reasons. Some of the most common causes include the following:

• Impaired or distracted driving
• Speeding
• Poor road conditions
• A negligent driver
• Driving under the influence
• Lane splitting
• Bad weather
• Failing to check blind spots

Following distance is also a major contributing factor for collisions with motorcyclists. In Georgia, traffic laws dictate that all drivers must maintain a safe distance from the vehicle in front so that they can brake safely in the event of sudden stopping. Failing to do this is a common cause of rear-end collisions for motorcyclists and can lead to a compensation claim.

What Compensation Can You Recover After a Motorcycle Wreck?

When you get into a motorcycle crash in Georgia, and you’re not the one at fault, you may be able to make an insurance claim seeking compensation for the damages you’ve suffered. The amount will depend on the injuries sustained and how the incident has impacted your everyday life, but it can cover the following:

Economic Damages

Economic damages are used to cover the cost of financial losses caused by the motorcycle wreck. This can include the following:

• Medical expenses or ongoing medical care
• Lost income during recovery stages
• Motorcycle repair or replacement costs
• Property damage
• Reduced earning capacity

Non-Economic Damages

Any physical or emotional trauma from the accident is covered through non-economic damages. Here’s what’s usually covered:

• Pain and suffering
• Emotional distress
• Disfigurement or scarring
• Loss of enjoyment of life
• Wrongful death claims
• Temporary or permanent disability caused by traumatic brain injuries, spinal cord injuries, head trauma, internal injuries, etc.

How is Fault Determined?

One thing an attorney would recommend doing after a motorcycle accident is fault determination. This makes it much easier for motorcyclists to pursue any compensation for personal injuries or financial losses.

Georgia uses an at-fault system, where the negligent driver who is responsible for causing the crash is also liable for the damages. Comparative negligence may also apply, which is when fault is shared between multiple parties.

An Atlanta motorcycle accident lawyer can help you determine liability by closely assessing the evidence available. This may include examining witness statements, traffic cam footage, photo/video evidence, medical records, and more to understand how the accident might have unfolded. 

How Long Do You Have to File for Compensation in Atlanta?

According to Georgia law, O.C.G.A. § 9-3-33, the statute of limitations for filing a motorcycle accident claim in Atlanta is usually two years from the date of the collision. This applies to most personal injury claims, including those for motorcycle crashes.

To avoid delays, you should always aim to file as soon as possible. Missing the deadline can result in forfeiting your right to claim compensation for medical expenses, lost wages, motorbike repairs, and any other damages. And if the statute of limitations expires, you will likely be prevented from requesting a settlement.

As such, you should act quickly to preserve any evidence and speak to an Atlanta motorcycle accident lawyer to understand how the process works and how much time you have to file a claim.

Get a Free Consultation with an Atlanta Motorcycle Accident Attorney

The above steps will help protect your legal rights after a motorcycle accident. But you might need additional assistance if you want to pursue full compensation in Georgia.

At John Foy & Associates, we always offer a FREE consultation so you can meet us without worrying about costs. Plus, working with us is risk-free because we don’t get paid unless we win you money.

Learn more about what an attorney would recommend doing after a motorcycle accident from our team. Call us or fill out the form on this page to get started.