9 Tips for claiming your rights after being in a bike accident
Being in a bike accident is scary. Even though you are wearing protective gear, motorcycle accidents are dangerous and can get you severely injured and damage your motorbike.
According to the Colorado Department of Transportation, a total of 120,172 vehicle crashes occurred in 2016, out of which 2,386 involved a motorcycle. While 17% of the vehicle crash deaths in the state are motorcycle related, the number of motorcycles on the road keeps increasing, reports the Colorado Department of Revenue.
It is a miracle to survive a motorbike accident, and what you do after it greatly impacts your recovery. But do remember, you can get compensated for your loss if the other person is at fault.
It might be difficult to think and decide what to do immediately after being in an accident. Here is a list of things to do to claim your rights if you’ve been in a motorcycle accident.
Get immediate medical assistance
After an accident, the first thing to do is get immediate medical attention to treat any major or minor injuries. Even if you don’t think anything is wrong, consult a doctor. There may be internal bleeding or injuries that can cause problems later down the road if left untreated. This will also get the accident documented and help you build a case.
Get legal help
Having legal representation in bike accident cases is important because if you try to handle the case yourself, the driver at fault may try to blame you or their insurance company can downplay your loss and injuries.
You might be unaware of the legalities of such matters and what steps to take; hiring a lawyer will help you build a stronger case. If you are located in Denver, look up motorcycle lawyers near you and consult them. They specialize in handling such cases and will be able to help you understand your situation better and let you know about your rights. Motorcycle lawyers have experience handling insurance companies and will get you the compensation you deserve.
Have a record of all the happenings of the incident
It’s important to keep a record of what happened and when it happened so that you can go back to this information later when required. If an ambulance and paramedics were involved, try to get their contact information as well. If any damage was done to your vehicle, take photos of it at the site of the accident.
The photos of injuries sustained would also help build a better case; ask someone to take photos if you can’t do it yourself. The other driver’s information is crucial, including their name and phone number. If possible, take photos of their vehicle and license plate so that you can identify them later or ask someone to do it for you.
In order to know what happened at the accident site and add it to your lawsuit, the evidence must not be tampered with. Leave your bike at the location, don’t try to inspect or fix it. Let the authorities inspect the accident site and take photographs as evidence. Don’t send your motorcycle and protective gear to anyone except your lawyer. Preserve your clothes as evidence and do not wash them. Take pictures of your damaged helmet and protective gear to be added as evidence.
Get medical documentation
You might be able to recover some of your expenses from the other party’s insurance carrier, but you’ll need to show proof of your injuries and their impact on your daily life for this to happen. To be eligible for the claim, you should keep track of all medical bills as evidence.
Keeping a journal of any symptoms you may experience after being in the accident will explain the pain and damage caused. Finally, ensure that whoever examines and treats you gets documented photographs taken at each visit; these photos will be useful later when making claims.
Identify all potential sources of compensation
Compensation may include medical bills, lost income, pain and suffering, and rehabilitation. It’s important to keep track of how much money you’ve lost due to your accident and how long it will take to recoup that amount. If you have an attorney working on your case, they can help you account for this information to build the claim.
Compensation can also include punitive damages if the other party was negligent in causing your accident or injury. It’s important to remember that the law allows each state to set its own rules regarding who is eligible for compensation following a bike accident incident.
Don’t come in contact with the other party without your lawyer present
Avoid talking to other driver or their lawyer in the absence of your lawyer, as your words can be taken out of context and used against you. Never sign anything without talking to your lawyer first. Signing anything is an admission that you’re responsible for your own injuries, which means you may have to pay more in damages later on if they disagree with how much compensation should be paid out by the other party (the person who hit you). Do not give up your rights by signing any kind of agreement that says otherwise; instead, have your lawyer by your side whenever you talk with them.
It might be difficult to immediately file a lawsuit against the person who hit you. Take time to recover from the trauma, and get a motorcycle lawyer to help you with your claim. Follow the above-mentioned tips to preserve evidence, get medical documentation and record the happenings of the accident. Then build a strong case with your attorney to get compensated for your loss.