Motorcycle Accidents

What should I do if I am involved in a motorcycle accident?

As in any vehicle crash, the most important step after a motorcycle accident is to seek medical attention. Even severe injuries often seem minor, or do not manifest themselves for hours, or days, after an accident. Only a trained professional can conduct a proper, and prompt, medical assessment, making sure that serious injuries do not become dire ones.

The police should also be contacted immediately. Not only will this provide an official record of the accident, but the police will be able to conduct an immediate investigation of the scene. They will take statements from witnesses, analyze and document traffic and road conditions, assess the traveling speed of the vehicles, and depending on the circumstances of the accident, test the other driver – or drivers – involved for alcohol or drug use. All of this may be invaluable evidence in a subsequent legal case.

While waiting for the police to arrive, it’s a good idea – assuming that you’re physically able to and no other injured passengers or drivers need your assistance – to obtain the following information:

the names, addresses, and driver’s license numbers of all other drivers involved in the accident;
the names, addresses, and phone numbers of any witnesses;
insurance information (insurer names, policy numbers, vehicle registration numbers) for any other vehicles involved in the incident.

If possible, also try to note the weather and traffic conditions, and whether there might have been anything wrong with any of the vehicles involved in the incident (for example, mechanical trouble mentioned by a driver after the accident). If you have a camera (even if it’s just a low-resolution cell phone camera), snap photos of the scene. These, too, may come in handy later.

When should I notify my insurance company about the accident?

Your insurance company should be alerted promptly, once you’ve sought medical attention for yourself and notified the police. Insurance policies typically require this, and ignoring – or delaying too long on – their reporting rules may cost you coverage. But keep in mind that it is always in the insurance company’s best interest to resolve accident claims quickly and cheaply. They may offer you a settlement that is far less than warranted – or they may say you are not covered and deny your claim outright. That’s why it is essential to speak with an experienced motorcycle accident attorney before signing any insurance documents or discussing the accident in detail with anyone from your insurer. But do not delay in consulting counsel, as insurance companies can often deny coverage when information is not shared with them in a timely manner.

What if the other driver’s insurance company wants to speak with me?

Under no circumstances should you ever speak to the other side’s insurance company without first consulting an attorney. Remember, it is always in an insurer’s best interest to resolve cases quickly and cheaply, and insurance companies have a lot more experience with these cases than the average motorcyclist. Their representatives and adjusters will know exactly what to ask you in order to stack the deck in their favor – and against you. Be polite but firm: You are unable to discuss the matter at this time. Then consult with your own counsel.

What if I was injured in a motorcycle accident but wasn’t wearing a helmet?

In California, the law is clear: You must wear a helmet when riding a motorcycle. Those who do not follow that requirement can be fined. And should you not wear a helmet and suffer an injury in a crash, you can be assured that the defense will argue that you were at fault and are not entitled to damages. In fact, however, the issue is not quite so clear-cut. Even if you were not wearing a helmet, you may still be able to recover compensation for your injuries (although perhaps not for the specific injuries a helmet could have prevented). Working with an attorney experienced in motorcycle cases can help you obtain the optimal recovery in these difficult cases when the other side – and perhaps even yourself – will be pointing the finger at you.

Keep in mind that a motorcycle helmet can save your life and help prevent a serious head and brain injury. By wearing one, you’re not just following the law but also good sense. And you’ll deprive the other side of one more argument they can make in trying to keep you from recovering the full compensation you deserve.

What damages may I recover in a motorcycle accident case?

Injured motorcyclists and their passengers may be entitled to compensation for medical expenses, lost wages, property damage resulting from the incident, and pain and suffering. Victims who are permanently disabled may be able to recover for lost future earnings as well as their long-term medical care.

Why is it important to work with a lawyer experienced in motorcycle accident cases?

Motorcycle accident cases typically pit victims against litigation-savvy insurers that have the resources, and experience, to wage a full-scale legal defense. Fortunately, lawyers who themselves are experienced in these cases are in the best position to beat back insurers – and make sure that settlements and jury awards don’t get scaled back. They know the tactics, ploys, and delays insurers can, and do, muster – and how to overcome them. At Mary Alexander & Associates, our lawyers have been taking on large insurers for more than a quarter of a century. And time and again, we’ve beaten them at their own game, using our own expertise and drive to get our clients the compensation, and the answers, they are entitled to.

How do I pay for your services?

It’s simple: Unless we recover a financial award or settlement, you don’t pay us anything. That’s because we handle motorcycle accident cases on a contingent-fee basis. In short, the risk is all ours: You pay us only if we’re successful. Expenses work the same way. We pay all the costs of the litigation and are reimbursed only if we obtain a settlement or jury award. Think of it this way: It may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case, it’s because we fully intend to win it.

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