What to Do After a Motorcycle Accident: A Comprehensive Guide

It’s common sense that motorcycles have more risks and dangers than other vehicles. Motorcyclists have little to protect them, compared to other drivers on the road—and so those drivers owe a duty of care when driving alongside a bike.

Motorcycle accidents can be devastating, leaving victims with serious injuries, significant medical expenses, and emotional trauma. Unlike car accidents, motorcycle collisions often result in more severe consequences due to the lack of protection motorcycles provide. 

If you were in a motorcycle accident that wasn’t your fault, you may be entitled to compensation that covers medical expenses, pain and suffering, and even lost wages from missed work while recovering. 

The Seriousness of Motorcycle Accidents

Motorcycle accidents account for a disproportionate number of severe injuries and fatalities on the road. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are approximately 29 times more likely to die in a crash per vehicle mile traveled compared to occupants of passenger cars. In 2020 alone, over 5,500 motorcyclists lost their lives in the United States, with thousands more suffering life-altering injuries.

Why Are Motorcycle Accidents So Dangerous?

Numerous factors play into what makes motorcycles uniquely at risk for accidents and injuries:

• Lack of Protection: Unlike cars, motorcycles lack seat belts, airbags, and the structural protection of a vehicle frame.
• Visibility Issues: Motorcycles are smaller and harder for other drivers to see, increasing the likelihood of accidents.
• Road Hazards: Potholes, debris, and wet surfaces pose greater risks to motorcyclists than to car drivers.

Common Causes of Motorcycle Accidents

Understanding the causes of motorcycle accidents can help riders and other road users avoid them. Some of the most common causes include:

• Distracted Driving: Drivers failing to notice motorcyclists while texting, eating, or engaging in other distractions.
• Speeding: Excessive speed reduces reaction time and increases the severity of collisions.
• Failure to Yield: Cars making left turns are a leading cause of motorcycle accidents when they fail to yield to oncoming motorcyclists.
• Impaired Driving: Driving under the influence of alcohol or drugs impairs judgment and reaction times.
• Lane Splitting: Although legal in some states, lane splitting can lead to accidents if drivers fail to account for motorcyclists in narrow spaces.

Common Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of physical protection. Common injuries include:

• Traumatic Brain Injuries (TBI): Even with helmets, motorcyclists can suffer concussions or more severe brain injuries.
• Spinal Cord Injuries: These can result in partial or total paralysis.
• Road Rash: Severe skin abrasions caused by sliding across the pavement.
• Broken Bones: Fractures in the arms, legs, and ribs are common.
• Internal Injuries: Damage to internal organs from blunt force trauma.

Immediate Steps to Take After a Motorcycle Accident

If you are involved in a motorcycle accident, your health and safety are priority number one. Move to a safe location if possible to avoid further danger. Turn on your hazard lights, use warning signals, and call 911 right away.

Even if your injuries seem minor, seek immediate medical attention. Some injuries don’t show symptoms right away and can worsen over time if left untreated. Seeing a doctor will also establish a medical record that can be used as evidence for insurance claims and even lawsuits, if necessary.

Report the accident to law enforcement and ensure a police report is filed. Provide accurate and honest details to the officer on the scene.

If you are able to do so before leaving the scene of the accident, document everything that you can. Take photos of the accident scene, your motorcycle, and any visible injuries. Also, collect any witness contact information and statements if possible.

Refrain from making statements that could be construed as admitting liability or admitting fault. Don’t say, “I’m sorry,” as that can even be used against you. Stick to factual details when speaking to the police or insurance companies.

Inform your insurance provider about the accident as soon as possible, but be cautious about providing recorded statements without consulting a lawyer.

Which leads us to the final step, contacting Morgan & Morgan for legal advice—free of charge. It costs nothing to get a case evaluation from us, nor are there any upfront fees if you work with us on your case. We only get paid if you recover a settlement or get a successful verdict in court.

Should I Hire a Lawyer for a Motorcycle Accident?

Hiring a lawyer after a motorcycle accident is essential for protecting your rights and maximizing your compensation. Here's why.

Motorcycle accident laws vary by state and can be complicated. An experienced attorney can help you to navigate complex laws and processes.

Attorneys can even assist with your negotiations for insurance claims. Insurance adjusters aim to minimize payouts, prioritizing profit over your welfare. An attorney can negotiate on your behalf and fight to keep insurance companies honest.

Proving liability for the at-fault parties can also be tricky, especially when the other side is denying responsibility. A lawyer can gather evidence, reconstruct the accident, and identify responsible parties.

Most importantly, Morgan & Morgan’s motorcycle accident attorneys can fight to ensure that all damages—economic and non-economic—are accounted for, maximizing your chances for the full and fair compensation that you need and deserve to move forward with your life after this unfortunate accident.

When to Hire a Lawyer

• If you suffered significant injuries.
• If fault is disputed.
• If the insurance company offers a low settlement or denies your claim.

The Legal Process for Motorcycle Accident Claims

Filing a claim after a motorcycle accident involves several steps:

1. Initial Consultation

• Meet with a personal injury attorney to evaluate your case.
• Discuss the details of the accident, injuries, and damages.

2. Investigation

• Your attorney will collect evidence such as medical records, police reports, and witness statements.
• They may work with accident reconstruction experts to strengthen your case.

3. Filing a Claim

• Your lawyer will file a claim with the at-fault party's insurance company.
• They will handle all negotiations to reach a fair settlement.

4. Litigation (if necessary)

• If a settlement cannot be reached, your case may go to court.
• Your attorney will present evidence and advocate for your compensation.

Compensation Available in Motorcycle Accident Cases

Victims of motorcycle accidents may be entitled to various forms of compensation:

Economic Damages

• Medical Expenses: Covers hospital bills, surgeries, physical therapy, and future medical needs.
• Lost Wages: Compensation for time missed from work.
• Property Damage: Reimbursement for motorcycle repairs or replacement.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Enjoyment of Life: For injuries that impact your ability to engage in activities you once enjoyed.

Punitive Damages

• In cases involving gross negligence or intentional harm, punitive damages may be awarded.

Typical Settlements in Motorcycle Accident Cases

The value of a motorcycle accident settlement varies depending on factors such as:

• The severity of injuries.
• The extent of property damage.
• Medical expenses incurred.
• Lost income and earning capacity.
• The degree of fault attributed to each party.
• Pain and suffering.
• Wrongful death.

While there is no fixed amount a victim may receive and your accident case details determine the outcome of your settlement, typically successful plaintiffs can see a return to cover their damages.

If you’d like to learn more about our motorcycle accident settlements, please visit our verdicts page. 

Even with all of this information on hand, unfortunately, insurance companies may still try to reduce your compensation amount by making assumptions about your injuries, which can leave you drowning in medical bills. 

Don't allow insurance companies to undercut you on your accident compensation. If you or a loved one have been involved in a motorcycle accident, we can help. Contact us today by filling out a free, no-obligation case evaluation form.

How Morgan & Morgan Can Help

As the largest personal injury law firm in the country, Morgan & Morgan has the experience, resources, and dedication to help motorcycle accident victims recover the compensation they deserve. 

Motorcycle accidents can be life-altering, but you don’t have to handle the aftermath alone. 

At Morgan & Morgan, we are committed to fighting for the rights of motorcycle accident victims and ensuring they receive the support and compensation they deserve.

If you or a loved one has been involved in a motorcycle accident, don’t wait to seek help. Contact Morgan & Morgan today for a free case evaluation.