If you have been in a motorcycle accident, first and foremost make sure you are ok. Should there be a medical emergency, immediately call 9-1-1.
Here are a few things to remember that can impact your case.
- CALL THE POLICE: Regardless of if anyone has sustained an injury, calling the police is the clear way to make sure that the accident is documented. Police note their observations as well as road conditions and skid marks on the road that can potentially help your claim.
- REMAIN ON SCENE: Unless you have been taken by ambulance or need to be because of injury, remain on the scene. If you leave the scene because of any other reason, you will not be able to properly complete your side of the accident report.
- STAY CALM: Take a deep breath. Though this is understandably a tough time, try to remain calm. By choosing to relax you will be less likely to make small talk that is unimportant to the case. There is no need to apologize, talk about the accident with the other party, or try to make amends.
- DON’T ADMIT FAULT: In Florida, determination of fault is not as simple as it may seem. There could be multiple reasons why the accident happened, and it is not your responsibility to understand this. Leave this up to police officers, insurance adjusters, relevant parties, and your attorney.
- BE THOROUGH: Intentionality is key when talking with the other party. Make sure you receive their full name, contact information, driver’s license number, car make and model.
- TAKE PHOTOS: Take photos of everything you see. Make sure that you have a photo of their vehicle as well as their license plate on hand. If there are any skid marks, get those too. Save in two places to be sure there is no way it will be deleted.
- LOOK FOR WITNESSES: Did anyone stop? Is there someone walking or biking near by? Look around for potential witnesses. Make sure that their response is recorded before they leave the scene.
- SEE A DOCTOR: Get checked out! It is important to do this in the beginning stages to insure that you’ve covered all your bases. Keep track of your symptoms. Write down the date and what you are feeling in a journal. Save any/all medical bills as well.
- DON’T DISPOSE OF EVIDENCE: Oftentimes the victim takes the car or motorcycle to be repaired soon after the accident. Something to remember is that each damaged vehicle part is evidence. Save these parts in case they are needed to show how the vehicles collided or that they were defective parts.
- DON’T GIVE STATEMENTS TO INSURANCE COMPANY: There is no Florida law requiring you to make a signed statement to an insurance provider. Remember that it is in their best interest to pay as little as they can. Insurance adjusters know what to say to hear what they want to hear. Clarify the information with us before giving any statements.
- REFRAIN FROM AGREEING TO SETTLEMENT WITHOUT LEGAL REPRESENTATION: Let’s simplify this. You should let a personal injury lawyer review any settlement offer for assessment prior to agreeing to settlement.