By June 2024, the Department of Connecticut had reported more motorcycle accidents in the first half of the year than in the past five years. As a crash victim, the physical and emotional consequences can have a long-lasting impact on one’s life.
Unfortunately, the process of filing a claim is not any easier, but with the right resources and legal counsel, it is possible to maximize a motorcycle accident personal injury payout to cover all the damages sustained.
What Should You Do Immediately After a Crash?
As always, safety comes first. And when it comes to motorcycle accidents, the risk of injury is high, especially for the rider. Motorcyclists aren’t protected from impact in the event of a crash because a motorcycle doesn’t have the same safety features as an enclosed vehicle like a car. It’s the fundamental reason riders are always advised to wear a helmet.
Are You Hurt?
With that in mind, the first course of action in the event of a crash should be to check yourself for any visible injuries. Carefully move to the side of the road away from the crash scene and confirm whether you’re hurt. Remember, accidents stimulate the production of adrenaline in the body, which may mask your pain. It is important to be checked and cleared by medical professionals even if you do not immediately notice any injuries.
If you’re in a position to do so, call 911. As you wait for help, collect any evidence that may help with your case, including the vehicle’s license plate, the details of any involved parties, and visual evidence of the scene.
Depending on the severity of the injuries, the paramedics may treat you on the scene or transport you to the hospital.
Call a Personal Injury Attorney
Personal injury lawyers understand the complexities of motorcycle accident cases and the strategies insurance companies utilize to undermine claims. This knowledge, coupled with their legal acumen, makes their insights invaluable to the success of your claim.
Your attorney will also collect evidence to prove liability. For context, Connecticut applies the modified comparative negligence rule. Under this legal doctrine, claimants who are more than 50 percent liable for their injuries are barred from seeking compensation.
Even if you meet this qualification, your settlement will still be proportional to your share of fault. For instance, if you were 20 percent liable for the motorcycle accident—maybe you were speeding or ran a red light—your settlement would be reduced by 20%.
“Your attorney’s goal is to collect and present the evidence necessary to determine the liable party for the motorcycle accident,” says attorney Mike A. D’Amico of D’Amico & Pettinicchi, LLC.
Do Not Be In a Hurry to Settle
Insurance companies will try to instill a sense of urgency in your case. Most of the time, this strategy is not in your best interests. In fact, best practice dictates that you should file a lawsuit against the liable party once you’re healed, as it is much easier to ascertain the extent of damages at this point. That being said, be sure to keep the statute of limitations in mind, as recovering damages after this has elapsed is impossible in most cases.
Stay away From Social Media
Surviving a motorcycle crash can be a life-changing event. We may want to utilize social media to update our family and friends on our near-death experiences. Strategically speaking, this is a bad move because it may give the defense team leeway to undermine your claim.
Say you decided to celebrate overcoming the accident by going out with friends. Innocently, you post these photos on Instagram with the intention of showing gratitude. The defense team may argue that your injuries are not as severe as you claim, as you managed to socialize with friends not long after the crash.
Conclusion
The nature of a motorcycle accident often translates to serious injury. If you’re injured in a crash, you should enlist a qualified personal injury attorney to help you pursue your claim. These professionals understand how these claims work; they will collect evidence, hire expert witnesses, negotiate with insurance companies on your behalf, and present your case in court if it does not settle.