Motorcycle accidents are often devastating and life-changing events. With little protection between you and the road, even a low-speed crash can leave you with serious injuries and a mountain of stress. Knowing what to do after a motorcycle accident can make all the difference when it comes to protecting your health, your rights, and your ability to recover compensation.
This guide covers the immediate steps you should take, what to do in the hours and days after a crash, and what compensation you might be owed. You’ll also learn how to respond to insurance companies and how an injury lawyer can help.
If you suffered injuries or lost someone you love in a motorcycle accident that another person caused, don’t wait to get legal help. Contact a Virginia motorcycle accident lawyer near you for a free consultation.
Programe una consulta gratuita
Medidas inmediatas a tomar en el lugar del incidente
The scene of a motorcycle accident can be chaotic. You might feel confused, hurt, or angry. But taking a few key steps right away can protect your health and strengthen your claim down the road.
Ensure safety and call emergency services
If you’re able to move, get out of harm’s way. Move to the side of the road and away from traffic. Once safe, call 911. Report the crash and request emergency medical services. Even if you don’t feel badly injured, police should come to document the incident. Their report can help support your version of what happened.
Document the accident scene thoroughly
Use your phone to take photos and videos of everything. Capture your motorcycle, the other vehicles, skid marks, traffic signs, and road conditions. Try to include wide shots of the whole scene and close-ups of any damage or injuries.
Reúna información de los testigos
If anyone saw the crash, ask for their name and contact info. Eyewitnesses can back up your story if the other driver later changes theirs. Don’t assume police will collect this information for you.
Avoid admitting fault or making statements
Stick to the facts. Don’t guess what might’ve happened or apologize. Even saying something like “I didn’t see them” could be twisted to imply blame. Let investigators determine fault based on the evidence.
Seek medical attention even if injuries seem minor
Accidentes de motocicleta often result in delayed symptoms. A concussion or internal injury might not show up right away. Getting checked by a doctor creates a medical record tied to the crash, which supports any future claim.
What should you do in the days and weeks following a motorcycle accident?
In the days and weeks following a motorcycle accident, your actions can directly affect your health, recovery, and ability to pursue compensation. Here’s what you should focus on during that time:
Continue medical treatment and follow your doctor’s instructions
Stick to your treatment plan. Attend all follow-up appointments, take prescribed medications, and follow restrictions or physical therapy guidelines. Gaps in care may lead the insurance company to argue that your injuries aren’t serious or were made worse by neglect.
Track your symptoms and recovery
Keep a journal where you note pain levels, emotional struggles, sleep issues, and any activities you’re unable to do. This personal record helps paint a clear picture of how the accident affected your daily life.
Gather and organize your documentation
Collect and store all accident-related paperwork in one place. This includes:
- Historiales médicos y facturas
- Prescription receipts
- Insurance correspondence
- Proof of lost wages from your employer
- Photos of your injuries as they change
Having everything ready makes it easier to build a strong case.
Limit communication with insurance companies
If you haven’t hired an attorney yet, be cautious. Insurance adjusters may try to pressure you into a quick settlement or get you to say something they can use against you. If you’ve already hired a lawyer, direct all communication to them.
Avoid posting about the accident on social media
Posts, photos, or check-ins can be taken out of context and used to question your injuries or credibility. It’s best to stay off social media or keep your profiles private and inactive while your claim is pending.
Get a repair estimate for your motorcycle
Don’t rely only on the insurance company’s numbers. Take your motorcycle to a trusted shop for an independent estimate. If it’s totaled, find out its market value before accepting any offer.
Speak with a motorcycle accident attorney
The earlier you get legal guidance, the better. An attorney can step in to protect your rights, collect evidence, and deal with insurance companies so you can focus on healing. They can also help determine the full value of your claim, including future expenses and non-economic damages like pain and suffering.
How do you deal with insurance companies after a motorcycle accident?
Dealing with insurance companies after a motorcycle accident can quickly become frustrating, especially when you’re trying to recover from serious injuries. That’s where having an attorney can make a real difference.
Here’s how an attorney helps you deal with insurance companies after a motorcycle accident:
Takes over communication so you don’t have to
After a crash, insurance adjusters may contact you asking for a declaración grabada or details about your injuries. What seems like a casual conversation can actually be used to weaken your claim. An attorney handles these conversations for you, preventing you from saying something that could be twisted to reduce or deny your compensation.
Shields you from pressure to settle too early
Insurance companies often make quick settlement offers, hoping you’ll accept before knowing the full extent of your injuries. Once you take their offer, you usually give up the right to seek more money, even if future treatments or complications arise. A lawyer reviews any offer, compares it to what your case is actually worth, and helps you avoid leaving money on the table.
Gathers evidence to support your claim
To get fair compensation, you need more than just your word. An attorney collects the accident report, medical records, witness statements, photos, expert opinions, and more to build a solid case. They present that evidence clearly and persuasively during negotiations with the insurance company.
Calculates the full value of your damages
Many people underestimate what their claim is worth. A lawyer considers not just current medical bills but also future care, lost earning ability, long-term pain, and how the injuries impact your life. Without this analysis, you risk settling for far less than you need.
Handles all deadlines and paperwork
Insurance companies expect you to follow their rules and meet strict deadlines. Missing a form or filing something late can stall your claim or even get it denied. Your lawyer keeps everything organized and filed on time so you stay on track.
Prepares to take the case to court if needed
Sometimes, the insurance company simply won’t offer a fair amount. If they drag their feet or refuse to negotiate reasonably, your attorney can prepare your case for trial and fight for your rights in front of a judge or jury. That added pressure often pushes insurance companies to improve their offers.
Levels the playing field
Insurance companies have teams of lawyers, claims adjusters, and investigators. When you go up against them alone, you’re at a disadvantage. Hiring a lawyer puts someone on your side who knows how these companies operate and how to push back.
What types of compensation can you recover?
Motorcycle accident victims can recover several types of damages depending on the circumstances.
Daños económicos
These are the out-of-pocket costs related to the accident. They include:
- Emergency room visits, surgeries, and follow-up care
- Ongoing treatments like physical therapy or mental health care
- Lost wages for missed work days
- Future lost income if you can’t return to the same job
- Repairs or replacement for your motorcycle and gear
Daños no económicos
Some losses aren’t tied to a bill, but they still matter. You may be able to recover money for:
- Pain and suffering related to your injuries
- Emotional struggles, anxiety, or depression after the crash
- Loss of enjoyment in hobbies, relationships, or everyday life
Daños punitivos
In rare cases, courts may award extra money to punish the other driver. For example, if they were drunk or driving recklessly, the court might decide they should pay more to deter others from doing the same.
When should you hire a motorcycle accident attorney?
Not every accident requires a lawyer, but many situations call for one. If the crash caused serious injury or the insurance company isn’t cooperating, you’ll need someone in your corner.
Signs you need legal representation
You should strongly consider hiring a lawyer if:
- You suffered a traumatic injury or permanent disability
- The other driver’s fault is unclear or disputed
- The insurance company keeps delaying or denying your claim
- Multiple vehicles were involved and responsibility is being passed around
Benefits of early legal representation
Hiring a lawyer early can help protect evidence, especially if a nearby business has surveillance footage or if witnesses need to be contacted quickly. Your lawyer can also manage all communication with insurers and make sure you get proper medical documentation. These details strengthen your case and help increase the compensation you may recover.
How our Virginia motorcycle accident attorneys can help
A Allen y Allen, nuestros abogados know how much a motorcycle accident can change a life. We build each case carefully and pursue every available path to help you obtain the maximum compensation available.
Our legal team can:
- Investigate how the crash happened and gather key evidence
- Work with accident reconstruction professionals when necessary
- Consult with doctors to understand your injuries and long-term needs
- Deal with aggressive insurance adjusters so you don’t have to
- Prepare your case for trial if the other side refuses to pay fairly
- Keep you updated and answer your questions throughout your case
- Use our knowledge of Virginia law and local courts to your advantage
You won’t pay anything upfront. If we don’t recover compensation on your behalf, you don’t owe attorney’s fees.
Common mistakes to avoid after a motorcycle accident
Even honest mistakes can hurt your ability to recover fair compensation. Keep these common errors in mind:
- Putting off medical treatment
- Giving a statement to insurance without legal advice
- Taking the first offer before knowing your full damages
- Forgetting to keep photo evidence or receipts
- Missing the two-year deadline to file a claim
- Allowing your damaged bike to be repaired before it’s documented
Frequently asked questions about motorcycle accident injury claims
How long do I have to file a motorcycle accident claim in Virginia?
Virginia gives you dos años from the date of the accident to file a demanda por lesiones personales. Don’t wait. Evidence can disappear, and witnesses may become harder to find over time.
What if the other driver was uninsured?
If the driver who hit you doesn’t have insurance, you may still recover money through your own policy. Virginia requires insurers to offer cobertura de automovilista sin seguro unless you reject it in writing.
Can I still recover compensation if I wasn’t wearing a helmet?
Virginia requires riders to wear helmets, and not wearing one could affect your case. However, it doesn’t automatically stop you from recovering compensation. It depends on the type of injury and how much the lack of a helmet contributed to it.
¿Cuánto cuesta contratar a un abogado de accidentes de motocicleta?
Most abogados de lesiones personales, including those at Allen & Allen, work on a contingency fee basis. That means you don’t pay any legal fees upfront. Instead, your lawyer gets paid a portion of what they recover for you.
What if my motorcycle accident involved a commercial vehicle?
Crashes with delivery trucks, company vans, or tractor-trailers can lead to more complicated claims. More parties may be responsible, including the driver’s employer. A lawyer can help figure out who should be held accountable and pursue compensation from all liable parties.
Take action today: protect your rights and your future
A motorcycle accident can leave you with serious injuries, missed work, and a long road to recovery. Early legal help can make a big difference in how much compensation you recover and how smoothly the process goes.
The attorneys at Allen & Allen know Virginia personal injury law and fight for clients like they’re family. When someone else’s negligence causes harm, we make your fight our fight.
We do everything we can to help you recover the compensation you need. Contacto Allen & Allen today for a free consultation. There’s no cost to speak with a lawyer, and you don’t pay attorney’s fees unless we recover money for you.