After a motorcycle accident, you should call the authorities, document the scene, see a doctor, and then contact a motorcycle accident lawyer.
The aftermath of a motorcycle accident can be extraordinarily chaotic. But you need to take proactive steps to preserve your ability to secure financial compensation.
A motorcycle accident lawyer in Houston can provide guidance and organize your materials for filing an insurance claim. With an attorney, you can increase your chances of fully recovering your injury-related losses.
Steps to Take After a Motorcycle Crash
The things you do right after a motorcycle accident can impact insurance proceedings and the validity of your claim. Below is a step-by-step guide covering the correct way to pursue a personal injury claim after a motorcycle accident:
Call the Authorities
The very first thing you should do after a motorcycle accident is contact the emergency authorities. Motorists in Texas are legally required to call the police after an accident involving injury, death, or property damage over $1,000, and failing to call can be punished as a crime.
Once the police and EMS arrive, get emergency medical attention if necessary. The police will also generate an accident report, which will serve as an official record of the crash. Ask the responding officer for a copy of this report or figure out where you can get it.
Document the Scene
Next, start documenting the accident scene. Photos and video recordings are easy to make with a smartphone and can serve as evidence to corroborate your version of events. Record the crash scene and your injuries, including physical evidence like your bike’s position, skid marks, and physical debris.
You also need to get the other driver’s contact and insurance information. If present, get statements from eyewitnesses and make an additional note of any conditions that contributed to the accident, such as weather or road conditions. Any detail could be important, so be as thorough as possible.
Get Medical Attention
The next thing to do after a motorcycle accident is to receive medical attention. You need to see a doctor to create a paper trail of medical records you can use as evidence in your claim. If you wait too long to see a doctor, insurance companies might try to argue that your injuries are not serious.
While at the doctor’s, get copies of all relevant documentation, such as:
- Intake paperwork
- Physician notes
- Imaging results
- Lab reports
- Diagnostic tests
- Discharge paperwork
Keep receipts of all medical expenses so you can prove your losses to insurers.
Preserve Physical Evidence
Don’t get rid of any damaged possessions that could serve as physical evidence, such as your bike, helmet, clothing, and other accessories. These items can give important information about the accident. For instance, your jacket with scratches on it can prove that you slid across the road before coming to a stop.
Notify Your Insurance Company
Texas is an at-fault state, so you will ultimately file a motorcycle accident claim against the at-fault party. However, you should also contact your own insurance company.
Many insurance policies require you to notify the provider after an accident, even if you weren’t to blame. Failing to notify your insurer of any accidents could void your policy.
Find a Motorcycle Accident Lawyer
Before going further, you should contact a motorcycle accident attorney. They will know the ins and outs of filing a personal injury lawsuit and can help gather additional evidence to prove your claim. An attorney can also organize your information and handle the administrative process of filing.
Most importantly, your attorney will negotiate your insurance settlement. Insurance companies will probably try to lowball you on their first offer.
A lawyer can push back and demand that insurers honor their payment obligations. If necessary, your attorney can initiate a formal lawsuit to coerce insurers into paying.
Watch What You Say
Insurance companies will use any reason they can to deny your claim, so be careful who you talk to and what you say. Ideally, you shouldn’t discuss the details of your accident with anyone but your lawyer. If the insurance company asks you to give a recorded statement, deny it and direct them to your attorney instead.
This prohibition extends to social media posts as well. You don’t want to post anything that insurers could use as evidence against your claimed injury severity, like photos or videos of you engaging in physical activity.
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How Long Do I Have to File a Claim for a Motorcycle Accident in Texas?
According to Tex. Civ. Pract. Cod. 16.003, you have two years from the injury date to file a lawsuit for a motorcycle accident. Once the two years pass, you will lose your chance to recover financial compensation through a claim.
Building a strong case can take substantial time, so you shouldn’t delay getting started. The longer you wait, the harder it’ll be to gather evidence and prove your injury severity. Starting promptly increases the chances of a satisfactory resolution.
Haque Law: Motorcycle Accident Lawyers in Houston
If you have more questions about what to do after a motorcycle accident, contact Haque Law today. We know what the road to recovery after a devastating motorcycle accident can look like because our founding attorney spent a decade working in a C-suite position in hospitals.
That experience taught him the real cost of injuries and the importance of getting a recovery that truly covers all of your losses. Our team will use this knowledge in our quest to secure the resources you need to heal and rebuild your life.
Fill out our form to schedule a free case consultation with our motorcycle accident lawyers in Houston.
Call or text (281) 417-8311 or complete a Case Evaluation form
