What Are the First Steps I Should Take After I Am Injured in a Motorcycle Accident?
According to the National Highway Traffic Safety Administration (NHTSA) motorcyclists account for only five percent of drivers. However, motorcyclists are twenty-seven percent more likely to be involved in a fatal accident when compared to drivers in passenger vehicles. Also, the injuries sustained because of a motorcycle accident are typically significantly more severe. Therefore, it is important to know what steps to take if you are involved in a motorcycle accident.
Immediately after you are involved in a motorcycle accident, the first thing you should do is access your surroundings. If you are injured, call 911 right away. If you are unable to call on your own behalf, try to flag down a passerby for help. Even if you do not feel severely injured, you must seek medical attention right away. The longer you wait to seek medical attention the more ammunition you provide to the defense to challenge the legitimacy of your injury.
If you are not gravely injured, move to the side of the road and out of traffic to avoid further harm to yourself. Although it seems natural to remove your helmet after an accident, it is essential to keep your helmet on until the paramedics arrive. Removing your helmet before you are the paramedics arrive could exacerbate any injuries to your head.
Once the police arrive, the officers will interview you and the driver of the other vehicle. While it is important to answer their questions truthfully, try not to make any incriminating statements or admit fault for the accident. Further, try to gather the names and contact information of any witnesses when possible. Information provided by witnesses could provide helpful insight into what caused the accident and help verify your version of events. This is especially important when the defendant’s version of events differs from your own. Next, document the circumstances surrounding the accident. Key facts to take note of include: the weather conditions on the day of the accident, the damage to your vehicle and the other vehicle, nearby landmarks, the traffic pattern, and the condition of the road.
In addition, it is crucial to document your injuries after your accident. Take pictures of any physical injuries you have sustained, including any swelling or bruising. Also, keep a detailed journal of the amount of pain you are experiencing and how your injuries are affecting your daily life. This includes your ability to perform everyday tasks, your inability to engage in activities you enjoy, and any time you were unable to work. This information will help your attorney determine the proper monetary amount in damages in your case.
New York Motorcycle Law
Typically, no fault law governs car accidents in New York. No-Fault law allows injured parties to recover medical expenses, lost earnings, and incidental expenses from their insurance company, regardless of who was at fault for the accident. However, no fault law does not apply to accidents involving motorcycles because the law views them as inherently dangerous. New York law provides a few exceptions for motorcyclists who are involved in an accident. To file a claim after an accident, drivers operating passenger vehicles must prove that they sustained serious injuries. Motorcyclists involved in an accident are not subject to this requirement. Thus, motorcyclists may file a claim for damage resulting from their accident even after sustaining only minor injuries.
After completing these steps, the next crucial step to take is to contact a personal injury attorney who has experience handling accidents involving motorcycles. Schedule a free, confidential case evaluation by calling 833-866-2529 (833-TONALAW).