Legal Information: Steps in Investigating Motorcycle Accidents
Riding motorcycles is a popular activity. However, unlike cars and other vehicles, motorcycles offer drivers and passengers zero protection. Motorcycle accidents happen because of the driver’s failure to see the other vehicles in time to avoid the crash. In addition, motorcycle accidents are due to the failure of other drivers to see motorcyclists on their mirrors before changing lanes or turning.
The truth is there is nothing between the rider and the open road other than the clothes the rider is wearing and the helmet. The habit of motorcyclists to sneak in and out of openings in the traffic coupled with the excitement of the rider becomes the perfect formula for motorcycle accidents.
In addition, the lawyer will make sure that you have the best medical treatment possible, and documents your injuries including their effect on your life. Many do not realize that in a personal injury lawsuit, a person has the right to recover for damages that have taken place, as well as those which will affect you in five, ten, or even twenty years.
· Notify the police department. Tell the police the truth. Note the officer’s name and precinct number, command, or barracks. Ask how you can get a copy of the police accident report. However, do not admit fault. Do not volunteer any information or agree to pay for damages or sign any document except a traffic ticket until you speak to your insurance agent, your lawyer, or both.
On the other hand, cooperate with the authorities. Give your name, address, and show your driver’s license and insurance identification card to the injured, to the owner of the broken cars, and to the police officer. If such information is not immediately available, then you must furnish the nearest police station as soon as possible.
· Examine the scene of the accident. Generally, a drawing of the accident scene illustrates what happened by showing the position and direction of the cars prior to and after the accident. Take photos of any broken parts, inside or outside the vehicle such as dashboard, windshield, seat, broken glass or lenses, and bumper that fell off. Include photos of license plates, marks, street signs, and persons that are part of the accident. Take the photos from different angles and positions.
Likewise, write a good description of each car, including year, make, model, and color. Make a summary report of the accident including exact location, day, and time. Let someone watch for traffic while you are taking photos and making notes.
· Alert the Insurance Company. The law requires that all drivers must carry valid automobile insurance.
Generally, the insurance company must know of any vehicular accident involving their client as soon as possible. In the event that you fail to report the accident, you will not be entitled to any “accident benefits”, it may affect your claim, or those benefits could be lost.
Remember to call your insurance company or insurance broker immediately after the accident. Do not forget to send written notice to your insurance company as soon as possible. The notice should include the time, place, and circumstances of the accident. Failure to notify your insurance company of the accident in writing within a reasonable time could be grounds for the company to deny any obligation to protect your interests. Also, make sure your report contains the names of all injured persons and drivers and the names of all available witnesses.
· Contact witnesses. If there are witnesses, try to get their names, addresses and telephone numbers; they may be able to help you if the other drivers dispute your version of what happened. Request that they talk to the police before leaving. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give their names to anyone but the police, your attorney or your insurance company.
Have a record of the name, address, phone number, insurance company, policy number, driver license number, and license plate number of each vehicle. If possible, obtain the name of their insurance company and their policy number covering their vehicle.
In investigating a motorcycle accident, you must rely on the police report, photographs, and the medico legal statement including the damaged vehicles as part of the many evidences. While we made every effort to ensure the accuracy of this publication, the above-mentioned information is not a legal advice. Thus, we recommend that you hire an experienced lawyer to help you along the way, and to make sure that someone will protect your claim from start to finish.
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