If you are wondering what not to do after a motorcycle accident, avoid leaving before you have dealt with the required information, ignoring injuries, guessing about fault, rushing into a recorded statement, or posting details of the crash online.
Sweet James helps injured riders deal with the insurance and legal issues that follow a collision. Founder James Bergener previously represented insurance carriers in injury cases, giving the firm experience with how insurers assess and defend claims.
A Newport Beach motorcycle accident lawyer can review what happened and take over insurance communications while you concentrate on your recovery.
What Should You Not Do After a Motorcycle Accident?
Some mistakes can be fixed later. Others become much harder to undo once the motorcycle has been moved, witnesses have gone home, or an insurer has recorded what you said.
The aim is not to turn the roadside into an investigation scene. Look after yourself first, follow California’s reporting requirements, and preserve what you reasonably can.
Sweet James can deal with the wider investigation once the immediate situation is under control.
Do Not Simply Leave the Crash
You need to stop after a collision, but that does not always mean leaving your motorcycle in the middle of moving traffic.
California law requires a driver involved in an injury crash to stop at the scene. For a property-damage-only collision, the law allows the vehicles to be moved to the nearest safe location that does not obstruct or endanger traffic before the required information is exchanged.
So, get somewhere safe when necessary, but do not ride away without dealing with the crash properly.
Do Not Ignore an Injury
You do not need to assume that every ache means a serious injury, but do not brush off symptoms simply because you want to get home.
If you are injured or begin experiencing symptoms after the crash, seek appropriate medical care and follow the advice you receive. Keep copies of discharge paperwork, appointments, bills, and anything else connected with your treatment.
Those records can later help establish what treatment you needed and when.
Should You Give an Insurance Adjuster a Recorded Statement?
Be careful about giving the other driver’s insurer a recorded statement before you understand what is being asked and how the claim may develop.
You may still be trying to work out exactly what happened. It is fine to say that you do not know something rather than estimating speed, distance, timing, or the sequence of events.
Your own insurer is different because your policy may require you to cooperate with its investigation. Sweet James can review those obligations and handle conversations with other insurers when representing you.
Do Not Guess About Fault
Stick to things you actually know.
You might remember the other vehicle changing lanes but have no idea exactly how fast it was traveling. Or you may know you fell after braking but not yet know whether road conditions, another driver, or something else contributed.
There is no benefit in filling those gaps with guesses. Fault can be worked out later using statements, photographs, vehicle damage, video, and other evidence.
Do Not Lose Evidence You Already Have
You do not need to collect everything at the scene, especially if you are hurt. If you are able to do so safely, photographs of the vehicles, road, surrounding area, and visible damage can be useful later.
Get the other driver’s details and contact information for anyone who saw the crash. Save any photographs, helmet-camera footage, repair estimates, towing documents, and correspondence you receive afterward.
Try not to throw away damaged riding gear before it has been documented. Sweet James can determine whether the motorcycle, helmet, clothing, or other items could be relevant to the investigation.
Should You Post About a Motorcycle Accident on Social Media?
You do not have to disappear from the internet, but discussing the crash or your injuries publicly can create unnecessary problems.
A photograph does not always show the full story. Someone seeing you out for dinner, for example, does not know how much pain you were in beforehand or what happened when you got home.
For that reason, it is sensible to keep details about the collision, your injuries, and the claim off social media while the case is being investigated. Also avoid changing or deleting existing material simply because you think it could affect the claim without getting legal advice first.
Do Not Forget California’s DMV Reporting Requirement
Calling the police does not necessarily take care of every reporting requirement.
The California DMV’s collision reporting guidance says an SR-1 must be filed within 10 days when anyone was injured or killed, or when property damage exceeds $1,000. The requirement applies regardless of who caused the collision and is separate from any report made to police, CHP, or an insurance company.
You, your insurance representative, or your legal representative can submit the report. Sweet James can help identify which paperwork and deadlines apply after the crash.
When Should You Speak With a Motorcycle Accident Lawyer?
You do not have to hire a lawyer before you have even left the scene.
Legal advice can become particularly useful when you suffered a significant injury, fault is disputed, an insurer wants a recorded statement, several parties may be responsible, or you receive a settlement offer before you know how fully you will recover.
Sweet James can investigate the collision, gather records, communicate with insurers, and assess both your immediate losses and expenses that may continue into the future.
Talk to Sweet James After a Motorcycle Accident
Knowing what not to do after a motorcycle crash can help you avoid creating problems while the facts are still being worked out. Take care of your immediate safety, follow the required reporting steps, avoid guessing about what happened, and keep whatever evidence you already have.
Sweet James offers free case reviews and handles motorcycle accident claims on a contingency basis. The firm’s current Newport Beach page states that clients pay no fees or costs until the firm wins, while noting elsewhere that clients may be responsible for other costs depending on the fee arrangement.
Contact Sweet James if you want someone to review the collision and explain your options.
