November 18, 2019
Because motorcyclists are far more likely to become fatally injured in a crash, getting into an accident with a motorcycle can be extremely frightening. Everyone’s first priority should be making sure that any injured drivers receive medical attention.
However, in the aftermath of the accident, you may be accused of being the one responsible for the accident, especially if the motorcyclist was badly injured. If you’ve been found at fault for a motorcycle crash, here are some things you need to know.
Speak as Little as Possible
In the moments during and after the accident, what you say can be used against you or even twisted by witnesses. Therefore, say as little as possible while you exchange insurance information with the other driver. Let the responding police officers do their job of taking statements.
Gather Your Own Evidence
While on the scene, you should take pictures of the scene of the crash, including the damage to all vehicles involved. Record information that could demonstrate that the motorcycle driver could have been negligent.
Inform Your Insurance Company
As soon as you are able, contact your insurance provider and give them the necessary details of the accident. If your insurance company unfairly finds you at fault, you should challenge their decision.
Talk to an Attorney
After seeking medical attention, nothing is more important in the aftermath of a motorcycle crash than talking to a personal injury attorney. They will be able to help you deal with your insurance company, the other driver’s insurance company, and possible personal injury lawsuits that may be filed against you later.
In a typical motorcycle accident case, the injured motorcyclist will claim that the vehicle driver was negligent. The reasoning is that because motorcyclists are less protected on the roads, vehicle operators must exercise greater care while sharing the road with motorcyclists.
However, this isn’t always the case. Your motorcycle accident attorney will review the evidence to see what other factors contributed to the accident. Gathering your own evidence that demonstrates other drivers’ (including the motorcycle driver) negligence could be crucial in the event of a personal injury lawsuit.
Understanding the “Reasonable” Standard in Negligence
When discussing negligence in a personal injury case, the overarching concern is whether or not both parties exercised reasonable care and took sensible steps to avoid a crash. It is possible that neither party did the “reasonable” thing in an accident, particularly if someone intentionally caused the accident to seek damages in a personal injury lawsuit.
No-Contact Motorcycle Crash
If a motorcycle driver sees that a crash is about to take place, they may put the bike down in order to minimize damage and injuries. These crashes are known as no-contact crashes. In a no-contact crash, the vehicle driver may still be found at fault for injury and property damage sustained by the motorcyclist. Therefore, if you or someone you love was involved in a no-contact accident with a motorcycle driver, you should speak with a personal injury attorney with experience in motorcycle accidents.
For more information about how an Indiana motorcycle accident attorney can help you with your case, contact Stewart & Stewart Attorneys at 800-333-3529 or visit our website.