Motorcycle Accidents
What to do after a Motorcycle Accident
More detailed information such as that listed below would be helpful to us in working on your Huntsville and Decatur, Alabama, motorcycle accident case. We are able to get most of this information during our investigation of the case, although you may get some of the information at the scene:
- Who were the drivers of the vehicles involved in the accident?
- Did all automobile drivers have driver’s licenses? Be sure to get the driver’s license numbers, states, and addresses of the drivers!
- Did any of the automobile drivers appear to be under the influence of alcohol or drugs? (Write down who and why you think they were and who else observed that same thing. After the effects wear off, it would be your word against theirs.
- Were there any passengers in the vehicles? Get their names and addresses!
- Were any pedestrians involved in the automobile accidents? Get their names and addresses! •Did any person involved in the accident report any personal injury shortly after the accident? Who are they, and where do they live?
- Was medical assistance rendered at the scene of the accidents? •What personal injury did the injured person report? Did anyone say “I’m not hurt”? •What was the actual location of the accident?
- Were there any witnesses to the accidents (other than those directly involved in the accident)? Get the names, addresses, and telephone numbers of all witnesses!
- In what direction were the vehicles traveling just prior to the accident?
- At what time of day did the motorcycle accident occur? •What were the weather conditions at the time of the accident?
- Was there anything “wrong” with the vehicles before the accident, such as driving with a broken headlight at night or with bald tires? •Was there any damage to the vehicles as a result of the accident? (Even if there wasn’t, that does not mean that someone may not have been injured, even with a “soft tissues injury.”) What parts of the vehicle were damaged?
- Who were the registered owners of the vehicles (names and addresses)?
- Were all vehicles involved in the accident insured? What are the names of the insurance companies and the policy numbers? (If they said how much insurance they had, record that too.)
- Did any of the vehicles need to be towed from the scene of the accident?
- How did the accident occur?
- Did anyone accept responsibility for the accident, such as by saying, “It was my fault; I am sorry”? I was speeding / not paying attention / not wearing my glasses / distracted / tired / late for work / in a hurry / my coffee had just spilled … etc.”? If so, write it down.
- Did anyone else say something to indicate that s/he too was at least partially at fault—such as “I should have seen you, but I was on my cell phone / I’ve been taking these pills / my eyesight isn’t what it used to be after dark, etc.”?
- Did the police come? If so, did they issue anyone a ticket? Which officers were present? Driver’s license number. Make note if it appeared the driver had been drinking.
- Note and try to write down everything the other driver said. Names and addresses of passengers in other cars Try to find people in the vicinity who may have seen the accident and ask for their name and phone number.
- Position of your vehicle Position of any other vehicles Location of any tire marks, vehicle parts, glass, and other debris caused by the accident that is in the vicinity
- Location of point of impact Road conditions, traffic conditions Weather conditions
- If you have a camera, take pictures of the site of the collisions, and the vehicles involved… It would be extremely beneficial to you to carry a disposable camera with a flash in your car at all times so that if you are in an accident, you can accurately document the incident. Date and time of accident Location of accident
- Speed of your car just before the accident Direction of your car and other cars)involved in the accident If either car were turning If the car turning have its turn signal on Were headlights turned on in both vehicles (if it is night)
Following an accident, the single most important thing you can do to protect yourself is to copy down the license plate number of the other vehicle involved. Sometimes the person driving the car does not own the car. You may think that you have protected yourself by obtaining the driver’s license information of the other driver, but this is often not sufficient. By writing down both the driver’s information and the license plate of the vehicle, you have worked to more thoroughly protect yourself and ensure that you have obtained all the information that you might need in the event of litigation.
If a police officer has come to the accident scene, be sure to ask if a report of the accident will be prepared and where and when it will be available. If the officer does not intend to prepare a report, be sure to request the officer’s name and badge number for later contact.
Take pictures of your vehicle as soon as possible. Take pictures from all angles, not just the damaged portions. If possible, take pictures of the other vehicle(s) involved in the accident. Take pictures of the surrounding area to preserve the way it looked at the time of the accident. Take pictures of the surrounding location and roadway for any physical damage, skid marks, or debris. If you or someone in your vehicle sustained a visible injury, i.e., a bruise, cut, scrape, or stitches, take photograph(s) of the injury to preserve the state of the injury at the time of the injury. Feel free to take as many photographs of what you think may, no matter how trivial, be important to the accident. Your attorney will decide what is and what is not important. If you were a pedestrian, take photos of the crosswalk or the location where you crossed the street or where you were standing, walking, or jogging at the time of your accident.
Take the name, address, and telephone number of any potential witness and save this information someplace where it will not be lost. Return to the accident scene and visit any nearby homes or businesses for any potential witness(es) to the accident. Revisit the scene of the accident several times at the same time at which the accident took place. Some people may have a habit of visiting, stopping, driving, etc., by the location of the accident as part of their normal daily routine. You may be able to find a witness. If you have obtained witness information, do not contact or speak to the witness(es) again. Do not try to solicit a written statement and/or drawing from the witness. Let your attorney contact any possible witness(es).
After taking photographs of your damaged vehicle, take the vehicle for a repair estimate as soon as possible. You are not obligated to use a repair facility recommended by an insurance company to have repairs done, but it generally won’t hurt to get estimates from recommended garages.
Obtain written and dated repair estimates from a minimum of two repair facilities, at least one of which you selected without the insurance company’s suggestion. Notify police and, if necessary, an ambulance immediately. Make no statements to anyone except a police officer. Do not admit fault or liability. Obtain all names, addresses, phone numbers and license plate numbers involved in the accident. Obtain the names and phone numbers of all witnesses. If you have a camera, take pictures of all cars and people. Notify your insurance company of your accident. Give no recorded statement to any insurance company, yours or theirs, before contacting an attorney. Obtain the name, address, and telephone number of the other driver, as well as the name of his/her insurance company.
Have the local police department come to the scene of the accident, and if there has been any property damage or injury, request an accident report. The police officer will write and file a report as to how the accident happened, as well as listing the names and addresses of witnesses and those involved in the accident. If a police officer can not come to the accident scene, then you should report the accident to the nearest police station in the community where the accident happened. In your report to the police or your comments to others, you should not try to determine who was responsible for the accident; only explain how the accident happened. Let the police determine who was responsible for the accident. In the event of a bodily injury, do not give a recorded statement to any insurance company, including your own, until you have consulted an attorney. As soon as possible after the accident, contact your insurance company or insurance agent. It is important to give your insurance company notice of the accident so you can qualify for the property damage, medical, and other benefits to which you may be entitled under your policy. Your insurance company has a duty to provide a legal defense if you are sued as a result of an accident.
Frequently Asked Questions About Alabama Motorcycle Accidents
The steps taken after a motorcycle collision can affect both an injured rider’s health and the evidence available for an insurance claim or lawsuit. The following answers address common questions about reporting the accident, documenting evidence, obtaining medical treatment and dealing with insurance companies.
1. What should I do immediately after a motorcycle accident?
Move to a safe location if you can do so without increasing the danger, call 911, request medical assistance, report the collision to law enforcement and begin preserving driver, vehicle, witness and insurance information.
2. Should I call the police after an Alabama motorcycle accident?
You should request law-enforcement assistance when a motorcycle collision causes injury, death or property damage. Ask whether an accident report will be prepared and how you may obtain it.
3. Should I seek medical care even if I think my injuries are minor?
Yes. Some motorcycle accident injuries are not immediately obvious. A prompt medical evaluation can protect your health and create documentation of symptoms, diagnoses and treatment.
4. What information should I obtain from the other driver?
Obtain the driver’s name, address, telephone number, driver’s-license information, insurance company and available policy information. Also record the vehicle’s license plate and the registered owner’s information.
5. Why is the other vehicle’s license-plate number important?
The driver may not own the vehicle. The license plate can help identify the registered owner, vehicle and potentially applicable insurance coverage.
6. What photographs should I take after a motorcycle accident?
Photograph the motorcycle, all involved vehicles, license plates, damage, debris, skid marks, roadway, traffic signals, signs, lighting, weather conditions, surrounding property and visible injuries.
7. Should I photograph injuries after the accident?
Yes. Photograph visible injuries as soon as reasonably possible and continue documenting bruising, swelling, scarring and other changes during recovery.
8. What witness information should I collect?
Obtain each witness’s name, telephone number, address and any available email address. Preserve the information and allow your attorney or investigator to conduct detailed follow-up interviews.
9. Should I admit fault at the motorcycle accident scene?
No. Provide truthful factual information to law enforcement, but do not accept blame, speculate about fault or apologize in a way that may be interpreted as accepting legal responsibility.
10. Should I give the insurance company a recorded statement?
Recorded statements can affect an injury claim. Obtain legal advice before providing a recorded statement, particularly when an insurer representing another party requests it.
11. Should I notify my motorcycle insurance company?
Yes. Insurance policies commonly require timely notice of an accident. Provide accurate basic notice while avoiding speculation about fault, injuries or the final value of the claim.
12. What should I do with my damaged motorcycle?
Photograph it from multiple angles and preserve it until the damage has been fully documented. Avoid authorizing destruction, disposal or major repairs before important evidence has been preserved.
13. Should I save my helmet and protective clothing?
Yes. Preserve the helmet, jacket, gloves, boots, eyewear and other equipment in their post-accident condition because they may help document the impact and resulting injuries.
14. Should I obtain motorcycle repair estimates?
Written estimates can help document property damage. Preserve photographs and evidence before repairs begin, and keep towing, storage and repair-related records.
15. What medical records should I preserve?
Preserve emergency records, hospital records, diagnostic tests, physician notes, therapy records, prescriptions, medical bills, mileage records and instructions relating to work or physical restrictions.
16. How do I document lost income after a motorcycle accident?
Keep wage statements, tax records, employer verification, missed-work records and medical work restrictions. Self-employed riders should preserve invoices, contracts and business-income records.
17. What if the driver who hit me was not the vehicle owner?
The owner, driver, employer or other party may have relevant insurance or legal responsibility depending on the facts. Preserve both the driver’s information and the registered owner’s information.
18. What if the other driver was distracted or intoxicated?
Tell the investigating officer about observations involving alcohol, drugs, cellphone use, inattention or unusual driving. Identify witnesses and preserve any statements made by the driver.
19. What if the driver who caused the accident has no insurance?
Available options may include uninsured-motorist coverage, policies covering the motorcycle or household, and claims against other legally responsible parties. All potentially applicable policies should be investigated.
20. Can a motorcycle passenger bring an injury claim?
An injured passenger may have claims against one or more responsible drivers or other parties. The available claims depend on how the collision occurred and the applicable insurance coverage.
21. What damages may be considered in a motorcycle accident case?
Potential damages may include medical expenses, lost income, reduced earning capacity, property damage, physical pain, emotional suffering, disability and other losses supported by the evidence and permitted by law.
22. Should I post about the motorcycle accident on social media?
Avoid posting photographs, comments, location information or recovery updates. Insurers and opposing parties may review public and discoverable social-media content.
23. Should I sign an insurance release after the accident?
Do not sign a release, settlement agreement, medical authorization or other important insurance document until you understand its effect and the full extent of your injuries and losses.
24. When should I contact an Alabama motorcycle accident lawyer?
Contact an attorney promptly when the collision caused injury, death, disputed fault, significant property damage, insurance problems or a request for a recorded statement or release.
25. How can Ferguson & Ferguson help after a motorcycle accident?
Ferguson & Ferguson can investigate the collision, preserve evidence, identify insurance coverage, obtain records, document injuries and losses, communicate with insurers, negotiate the claim and pursue litigation when necessary. Call the Huntsville office at 256-534-3435 or the Decatur office at 256-350-7200 to request a free consultation.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street SE
Decatur, AL 35601
Our motorcycle accident lawyers serve every city and town in the State of Alabama:
