what to do after a motorcycle accident south carolina

What to Do After a Motorcycle Accident in South Carolina

Motorcycle accidents tend to result in more disastrous consequences for the biker due to the lack of exterior protection compared to a car or truck. When struck at a high speed, a motorcyclist can be thrown from their bike into incoming and outgoing traffic.

This can cause severe medical injuries, both long-term and permanent. If you have been involved in a motorcycle accident that was not your fault, then it’s in your best interest to begin building your personal injury claim now.

The emotional distress experienced after your accident can prevent you from acting on these matters with a sense of urgency. Nonetheless, here are the steps you should take after a motorcycle accident.

What to Do After a Motorcycle Accident

Depending on the severity of your motorcycle accident, you may be hospitalized for a long period of time. Oftentimes, people will leave the hospital before they have fully recovered to return to work and go back to the comfort of their own home.

Some don’t even follow-back up with their doctor. The problem here is that if you’ve suffered from a brain injury, you may be asymptomatic for a while. During this period, your brain could swell rapidly and damage your skull.

To protect your health and increase the value of your settlement offer, seek medical help immediately, and follow all of the directions your doctor gives you.

Gather Evidence

If you are able, stay on the scene of the accident before the ambulance comes. Take plenty of pictures of the wreckage, collect witness testimonies if possible, and talk to the police to give your statement.

Gathering evidence in the preliminary stage of your claim will help you later on in court. If you are unable to gather evidence early on, keep the clothes you wore during your accident.

If they have been damaged or stained with blood, you can use it in court to prove your claim.

Obtain a Police Report

Granted, police reports are naturally biased. Police officers, who did not witness your accident, can form their own judgments based on arbitrary factors. Though, you can still use a police report to your advantage in court.

A police report can be used to contradict the other driver at fault. For example, if another driver crashed into you because they failed to yield to your right of way while turning may lie on a police report claiming that you ran into them.

By gathering evidence on the scene that shows the driver slammed into you, the police report can display guilt and liability on another party. As you can see, obtaining a copy of a police report can work in your favor at court.

Never leave the scene of the accident without giving your statement to the police unless you’re not able to because of the severity of your injuries.

Collect Contact Information

The general rule of thumb here is to always collect the contact information of the other driver after a collision. Ideally, you’ll want to write down their:

  • Full name
  • Home address
  • Insurance information

In an unlikely scenario, the other driver may not give you accurate information on purpose in an attempt to mislead you. You can also ask for their place of employment if possible.

Ultimately, once the police are called, it doesn’t matter if the driver refused to provide you with the information. The police report will contain this information anyway. Also, the other motorist can be subpoenaed to appear in court in certain situations.

File an Insurance Claim

After your motorcycle accident, notify your insurance company immediately to have your medical and other associated expenses covered. The other driver’s insurance company should be liable for your damages if it’s determined that you were not at fault.

The outcome can vary. Usually, the insurance company will try to undermine your claim to save more money. If this happens, then hiring a personal injury attorney will become necessary to fight for your rights and settle your case in your favor.

It all begins with filing an insurance claim. The insurance company may agree with the findings of your claim without any disputes or deny the details of the claim and take the matter to court.

Keep all Receipts, Bills, and Pay Stubs

If your insurance claim escalates to court, you’ll need to prove that your medical expenses are piling up. Keep your medical bills to help show the extent of your medical expenses.

Also, providing receipts and pay stubs will also benefit your case. You may have been so severely injured that you could not return to work. If you’re seeking compensation for lost wages, you can provide pay stubs showing that your injuries have affected your earning potential.

Don’t Speak to Anyone About Your Claim

The other driver’s insurance company will only work in their best interest. If that’s to save themselves money by undermining your claim, they’re going to take that route. Do not talk to any insurance company without your lawyer present.

Whatever you say to them can be used against you in court. On the phone, your conversation will be recorded as adjusters will try to get you to say certain things to compromise yourself.

For this reason, avoid having any type of dialogue with an insurance company without first speaking to your attorney.

Request a Consultation Today

If you have been recently injured in a motorcycle accident, there isn’t any time to delay. Click here to request a consultation with our legal team to learn more about how we can fight for you. You can also give us a call at (864) 573-9688.

With 50+ years of combined legal experience, the attorneys at Cummings & Lewis, LLC represent people who need legal assistance. Our size, experience, and legal knowledge allow us to represent people who face all sorts of legal concerns in state and federal courts.

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