A motorcycle accident is often highly traumatic and damaging for the motorcycle rider. Crash-related injuries can be severe or life-changing, resulting in expensive medical bills, lost wages, and pain and suffering.
Knowing exactly what steps to take after a motorcycle accident in Texas can help you protect your physical well-being and legal rights during this difficult time – empowering you as you find a way to move forward.
Put Your Health and Safety First
The first thing to do after any type of accident in Texas is to assess yourself for injuries and get any necessary medical care. Try to stay calm and limit your movements. Moving the wrong way could exacerbate an injury, such as turning a minor back injury into paralysis.
Check yourself for signs of injury, keeping in mind that your adrenaline from the motorcycle accident could mask pain. Then, visit the nearest emergency room for a checkup, even if you initially feel fine.
You may have hidden or delayed injury symptoms. Even if you were wearing a helmet, for example, you may have a brain injury with delayed symptoms. Visiting a hospital or emergency room in Texas can get you a swift diagnosis and put you on the path to recovery.
Notify the Police
If you can, use your cell phone to dial 911 and report the motorcycle accident to your local police department right away. They can send an officer to investigate the scene. You can also request an ambulance for major injuries.
When the police arrive, make sure to give them your version of events so that it ends up on the accident report. Write down your police report number so that you can request a copy later for your insurance claim.
Document the Scene
An important step to take, if you can, is to document information and evidence at the scene before you leave. If you’re too badly injured to do so yourself, call a friend or family member to come to the scene and gather information for you.
The following steps could help you gather evidence to support your injury claim:
- Exchange contact and insurance information with the motor vehicle driver.
- Write down the names and phone numbers of anyone who witnessed the motorcycle accident.
- Take photos of the scene as a whole, the damaged vehicles and other relevant details.
- Take photos of your injuries and property damage.
- Look around for surveillance or traffic cameras that may have recorded the crash.
- Write down a detailed description of what happened during the motorcycle accident in your own words.
Don’t worry if you can’t take all of these steps at the scene. Motorcycle crash sites are often chaotic and stressful environments. You can continue gathering evidence afterward with help from a motorcycle accident attorney.
Don’t Admit Fault
One important tip to remember is to never admit fault for a motorcycle accident. Even if you think you’re to blame, there could be other factors or elements at play that you don’t yet realize, such as mistakes the other driver made.
Admitting fault outright can end the investigative process before it begins, placing the entirety of the blame on you and unfairly limiting your ability to recover financial compensation. Do not apologize to the other driver, either, as this could be misconstrued as an admittance of guilt.
File an Insurance Claim
Once you’ve seen a doctor and are on the mend for your motorcycle accident injuries, begin the claims process by contacting your own insurance company. Don’t wait to notify your insurance provider, as this could give the company a reason to deny your claim.
Texas is an at-fault state, meaning you could receive compensation from the other motorist’s insurance company if they are at fault for your motorcycle crash. Your insurance company can initiate a claim with the driver’s insurer on your behalf.
Protect Your Rights During Conversations With the Insurance Adjuster
Be careful what you say during conversations with insurance claims adjusters. When asked questions about your motorcycle accident, keep your answers short and simple. Don’t speculate about who is at fault and don’t discuss your injuries until you’ve been to the doctor.
The insurance company will want to minimize your payout as much as possible by convincing you to accept a lowball settlement. Do not rush into a fast settlement offer or sign anything before consulting with an attorney. You have the right to reject an unfair settlement and submit a counteroffer until the offer is reasonable.
Keep Up With Medical Care
While your motorcycle accident insurance claim is ongoing, be sure to follow your doctor’s orders and keep up with your recommended treatment plan. This is important for your physical recovery, as you may require ongoing therapies, rehabilitation or medications to reach your point of maximum medical improvement.
However, it is also smart from an insurance perspective. Ignoring your doctor’s orders or skipping appointments can give the insurance company a reason to reject your claim or reduce your settlement. You need to show an insurance company that you’re doing everything you can to mitigate your damages.
Consult With a Motorcycle Accident Attorney in Texas
Navigating the insurance claims process as a motorcycle accident victim can be uniquely challenging. You should be able to focus your full attention on healing from your injuries and rebuilding your life – not dealing with insurance claims adjusters who may try to take advantage of you.
The best thing you can do during this difficult time is to contact an experienced motorcycle accident attorney. With representation from a lawyer, you can get a detailed overview of your legal rights and options from someone you trust. Your lawyer can inform you of your rights in a no-pressure environment during a free case consultation.
Don’t wait to file your claim or speak to an attorney. Under Texas Civil Practice and Remedies Code § 16.003, there is a two-year time limit or statute of limitations on the ability to file a personal injury claim for a motorcycle accident. If you wait too long and miss your deadline, the courts will most likely restrict your right to recover financial compensation.
To speak to a lawyer near you who cares about your motorcycle accident case, injuries and future, contact FVF Law Firm at (512) 379-8117 to receive a free initial consultation. We have over 100 years of combined legal experience.
