Do you know how to collect evidence after a motorcycle crash? If you ride a motorcycle in North Carolina, you want to know this before you’re involved in a wreck. After all, anyone can get into an accident. Knowing what to do will help in those stressful minutes right after a crash.
If you ever get into a crash while riding your motorcycle, collecting valuable motorcycle accident evidence will strengthen your claim and make it easier to obtain the compensation you will need to cover all your expenses. A motorcycle accident lawyer can gather evidence for you if you’re too injured to collect any yourself.
Kreger Brodish LLP is a North Carolina personal injury law firm with extensive motorcycle accident claim experience. We offer a free consultation so you can tell us all the details of your accident, and we don’t charge any fees until we win money for you. Contact Kreger Brodish LLP today.
Why Choose Our Firm?
Why should you choose Kreger Brodish LLP as your motorcycle accident lawyer? Consider some of the results we’ve achieved for other clients:
- When a negligent driver pulled out in front of a motorcycle rider and caused an accident that took his life, we obtained the maximum settlement available under the insurance policy.
- We obtained a $242,000 settlement for a minor injured in a rear-end collision.
- We obtained a $292,800 settlement after a crash caused by a negligent driver.
Of course, every case is different, and no lawyer can guarantee results in a particular case. Still, we treat every client the way we treated Anna B. of Durham, who writes, “The experience exceeded my expectations, and I would not hesitate to work with them again!”
Bobbie B. of Durham writes sympathetically of all the people who have to settle for less than they deserve after an accident, concluding, “They went above and beyond to ensure I was not one of those people.”
You should choose Kreger Brodish LLP because we will treat you right, just like all our personal injury clients.
Immediate Steps to Take After a Motorcycle Accident
Here are the steps you should take immediately after a motorcycle accident:
- Get off the road and out of the way of traffic.
- Call the police and tell the responding officer what happened.
- Take photos and video of the accident scene, including the road conditions, any road signs or traffic lights, your injuries, and the damage to the vehicles.
- Collect contact information from any eyewitnesses to the accident, including their names, addresses, and phone numbers.
- Exchange information with the driver who caused the accident, including their name, address, phone number, license number, license plate, insurance company, and policy number.
- Get medical care immediately, regardless of whether you think you are badly hurt or not.
Types of Evidence You Can Collect
After a motorcycle crash, there is a lot of evidence that your lawyers will find helpful in pursuing your claim, including:
- The police report, which will include a description of what happened and who the officer thought was at fault
- Witness statements, which will make it easier for your lawyers to reconstruct what happened and establish the other driver’s liability
- Any photographic and video evidence showing the accident or its aftermath
- Your diagnostic test results and other medical records after the accident
- Your medical bills, demonstrating your expenses from the accident
- Paystubs and other documents to demonstrate your lost income, including time off work and lost bonuses or sales commissions
You should collect any evidence that will help your lawyers determine what happened, establish who is liable, or show what losses you suffered due to the accident.
What If I Wasn’t Able to Document the Crash Scene?
Documenting the crash scene is essential to collecting evidence for your motorcycle accident case, but it isn’t always possible for a motorcycle accident victim to get that evidence immediately after the crash.
If you’re severely injured, you may be unable to take photos and videos to document the scene. If possible, get an eyewitness to help you take photos and videos if you cannot. If you’re unconscious and cannot collect evidence, you’ll have to start by reviewing the police report and interviewing eyewitnesses later.
An experienced motorcycle accident lawyer can conduct this investigation and take photos to document the accident scene after the fact.
Why Timeliness Matters
Timeliness matters in a motorcycle accident claim for several reasons:
- Eyewitnesses are much more likely to clearly remember what happened immediately after the accident.
- Road conditions will not stay the same for long, so you must document them as quickly as you can.
- If you don’t discover an injury as soon as possible, the insurance company can claim it was caused by something other than the accident.
- The North Carolina statute of limitations allows you only three years from the date of the accident to file a personal injury lawsuit.
Your attorney needs enough time to conduct a thorough investigation, calculate your losses, and file a demand letter with the other driver’s insurance company. Negotiations always take some time, especially if the insurance company is stalling or trying to deny responsibility. Give your lawyer enough time to gather evidence and conduct negotiations before filing a lawsuit.
Common Mistakes to Avoid
Motorcycle accidents are highly stressful, and people sometimes make mistakes when they’re under a lot of stress. It’s vital to avoid making an error that could keep you from collecting the compensation you need for a full recovery.
Common mistakes to avoid after a motorcycle accident include:
- Failing to call the police or letting the other driver talk you into not involving the police. This leaves you with no police report to refer to later.
- Failing to exchange contact information with the other driver. This can make it impossible for you to file a claim.
- Failing to get contact information for eyewitnesses to the accident. This makes it impossible for you to take their statements about what happened unless the police officer included their information in his report.
- Not seeking medical attention for your injuries. You may believe you weren’t badly hurt, only to discover later that your injuries are worse than you thought.
- Giving the insurance company a recorded statement. Remember, the insurance company doesn’t want to pay your claim. They are trying to get you on tape and making some statements that will harm your claim.
- Failing to hire a motorcycle accident attorney. This will make every aspect of your claim harder and more stressful.
Next Steps for Victims
After the accident is over and you’ve seen a doctor about your injuries, your next steps are to:
- Follow up with all treatments recommended by your doctor.
- Contact a motorcycle accident lawyer to file a claim on your behalf.
The other driver’s insurance company will probably try to get you to answer questions about the accident and may ask misleading questions designed to trick you into admitting fault. Be wary of any conversations with the insurance company. It’s always better to have a lawyer handle all communications for you.
Meanwhile, your lawyer will begin investigating the accident so they can pursue compensation from the insurance company.
According to the North Carolina Department of Insurance, you can collect compensation for:
- Doctor bills
- Hospital bills
- Lab fees
- Lost wages
- Pain and suffering
Medical expenses and lost wages are relatively easy to calculate, although many people underestimate them by including only current expenses and failing to account for future expenses. However, pain and suffering is much more challenging to put a number on. As the Department of Insurance points out, North Carolina statutes include no guidelines for calculating pain and suffering.
This is one reason it’s so important to have an experienced motorcycle accident lawyer on your side. The insurance company will try to offer the smallest amount they think they can get away with, and you aren’t likely to know what a realistic figure might be. A motorcycle accident lawyer can answer this question for you and help you pursue maximum compensation from the insurance company.
Contact Our North Carolina Motorcycle Accident Lawyers for Help
One of the best decisions you can make after a motorcycle accident in North Carolina is to hire a skilled personal injury lawyer who has handled this type of case before. They can take on all the tasks that would overwhelm you and stress you out, and they can counter the tactics the insurance company will use to try to avoid paying you a fair settlement.
Kreger Brodish LLP is a motorcycle accident law firm in Durham, North Carolina. We provide comprehensive legal help for accident victims. After a motorcycle crash, you don’t want to have to deal with the at-fault driver’s insurance company. Your job right now is to recover from your injuries, not to negotiate with a company that doesn’t want to pay a fair settlement. Let us handle the stress of negotiations for you. We have the experience and legal knowledge needed to deal with the insurer.
Contact Kreger Brodish LLP today for your free, no-obligation consultation with a motorcycle accident lawyer in Durham.
