John N. Demas is a personal injury lawyer in Sacramento, California and a litigator with extensive trial experience at his practice, Demas & Rosenthal, LLP. Here, he gives advice on what to do if you are ever involved in a motorcycle collision.
Unfortunately, most people who are involved in motorcycle accidents tend to be more seriously injured than those who are involved in typical auto collisions. As always, though, the most important thing a person should do if you’re hurt in a motorcycle accident is to get immediate medical attention. Even in cases where you may not think you have been hurt, it still pays to get checked out and ensure nothing is going on internally that could become a problem.
For the majority of those involved in motorcycle accidents, they are taken away in an ambulance to an emergency facility at a hospital for one reason or another. It is far more common for a person injured in a motorcycle accident to get taken away in an ambulance than it is for someone who was involved in a car collision. Because of this, there is little a person can do at the scene of a motorcycle accident if he is being taken away by an ambulance.
If your injuries are minor, or nonexistent, then I would encourage you to do whatever you can at the scene to preserve evidence and find witnesses. Similar to the procedures you should follow at a common car accident, those involved in motorcycle collisions should get contact information from people who may have seen something, take photos of the motorcycle and the other vehicle, and preserve whatever other evidence is available at the scene.
In California, specifically, we have a large number of motorcyclists on the road at any given time. Partly due to a lack of driver awareness, partly due to distractions from cell phones and other devices, and partly just based on a misunderstanding of how motorcycles work, many drivers are unaware of how to properly drive around motorcycles and tend to interfere with the motorcyclist’s right of way or not give the cyclist enough breaking distance. This leads to an increase in accidents. And in 2001 alone, more than 3,000 motorcyclists were killed.
Road hazards can be a problem for motorcyclists as well since poorly maintained roadways can become a danger for anyone riding a two-wheeled vehicle. In addition, roads that are not clearly marked can create a hazard that may easily lead to injury or other damages.
In general, one difference between car accidents and motorcycle accidents is that there is usually more of a dispute over what happened during a motorcycle crash. It can be tougher to definitively say who caused the crash, which is why it is even more important to contact an attorney if you have been involved in this type of case.
Things like skid marks can be valuable pieces of physical evidence at the crash site, and these are things that can quickly disappear if they are not taken into evidence soon enough. Hiring an attorney right away can be your best chance at tracking down eye witnesses, too. So much investigative work can be done initially on these types of cases, and the later you wait to get started, the less evidence will most likely be left to investigate.
Whether you are in need of reimbursement for medical costs or any other damages related to a motorcycle collision case, I have handled enough of these types of cases to know what I am doing. I recognize that motorcycle injuries commonly require extensive medical care and extended stays in treatment facilities, which should be reflected in the award settlement that is sought. No matter if your motorcycle accident was caused by another driver or an unexpected road hazard, I do my best to get all of my clients the financial settlement that they deserve.
