Jan 26, 2024

Accidents are traumatizing, potentially life-altering events that can happen at any time. The steps you take immediately after a motorcycle crash can have huge implications down the line, especially if you decide to pursue litigation for your injuries and other damages. Knowing what to do after a motorcycle accident before it happens can help you be prepared. If you’re a motorcycle rider, here are some things to keep in mind.

What to Do After a Motorcycle Accident

Steps to Take after a Motorcycle Accident

Call the Police

If the accident is minor, you may be tempted to exchange insurance information and leave the scene. This is a bad idea. Even if there is no noticeable damage, and you believe the other driver is at fault, they may file a claim with their insurance, and there will be no third-party witness to dispute. The police will create an official record of the collision that can be used to back up your claim with the insurance company or in court. Furthermore, New York State law requires you to call the police in the event of an injury or damage to a vehicle when the owner can’t be identified.

Take Pictures

If you have a cellphone or a camera, photograph the scene as thoroughly as possible. Take pictures of any injuries or damages to your motorcycle or the other person’s vehicle. It’s also a good idea to document the environment, such as the surrounding area, tire marks, and conditions like wet roads. Although the police will typically do this, they might not always catch everything, and it’s good to have your records.

Don’t Take Credit

Do not say anything to the police or another party that might be construed as accepting responsibility for the accident. These statements could be used against you in a later proceeding.

Also, avoid talking about the crash on social media. An investigation is necessary to determine the exact cause of the accident, and any statement that could be interpreted as admitting fault could prejudice a jury against you, even if it turns out you were not to blame.

Go to the Hospital

Regardless of your perceived injuries or lack thereof, you should seek medical help immediately. Only a medical professional can provide the expert documentation needed to pursue a claim in court. Under state law, you have three years to file a claim in court following a diagnosis of injury.  

Keep a Record of Everything

To ensure that you get the maximum settlement owed to you under the law, it’s essential to document all the ways in which the accident has impacted you financially. Be sure to save copies of your medical bills, insurance statements, repair bills, and receipts from any medical equipment you’ve purchased. You should also make a record of lost work hours.

Call Your Insurance Company

New York is a no-fault insurance state, meaning all drivers are required to carry personal injury protection, which pays the claim regardless of who is deemed at fault. You will need to file a claim before you can pursue any remedy in court.

Contact a Lawyer

The most important thing to do after a motorcycle accident is to speak to a lawyer. If you live in Queens, NY, or the surrounding area, and you’ve been in a motorcycle accident, contact the lawyers at Surdez & Perez P.C. today for a consultation.