There are many articles here on the Biker Law Blog which discuss motorcycle accident scenarios. This article will attempt to lead you through the process of what you should do if you are in a motorcycle accident, and what your legal options are. This article will also attempt to educate bikers and motorcyclist out there who have not had motorcycle accidents, just in case they are god forbid in an accident, or one of their friends goes down.
I know this is a topic that no one wants to think about, especially if you have not had an accident, but it is information that you should know just in case.
First off, everyone who rides a motorcycle should carry on their person what I call an emergency card. This card or paper should be labeled Emergency Card or Emergency Information Sheet. On this sheet you should put as many emergency contacts as possible. You should list them in order of priority, and you should list their full name, address, phone number, and how they are related to you. In some States family members have more priority at the hospital, etc., than non relatives. The emergency card or list should also contain your full name, address, phone number, blood type if you know it, medications that you are taking, any medical conditions that you have, etc.
As you know or don’t know, many motorcycle accidents are catastrophic. The purpose of the Emergency Card or Sheet, is to tell medical workers or law enforcement who to contact, and your medical information, in case you cannot speak for yourself due to a catastrophic motorcycle accident. I think it would be a good idea for everyone to carry such a card or sheet on their person even for car accidents, or other types of accidents. I carry my card in my wallet.
If you have had a motorcycle accident, chances are your motorcycle is down, and so are you. If you have just been hit on your motorcycle and are down on the ground, the best thing that you can do is to stay down and wait for emergency rescue workers to arrive. If you have sustained back, head, limb, or other major injuries, you trying to get up and move around could make your injury worse! Obviously there are exceptions such as if you go down in the middle of no where and are laying in the middle of the road, etc. This article is not about the exceptions but rather, it discusses what usually happens.
Usually someone will call the paramedics when they see a motorcycle accident. In some circumstances you may have to make the call on your own. Make sure you have a cell phone on your person to make the emergency call if you can, and if necessary!
Planning ahead is the key in case you are in a motorcycle accident. Since most motorcycle accidents do result in serious if not catastrophic injuries, you want to make sure that you have liability insurance, collision and comprehensive insurance, uninsured motorist coverage, and under insured motorcycle insurance. The worst thing that can happen is that you are hit by a driver with no insurance, or minimum insurance and you are stuck with huge medical bills and horrendous injuries, with no real way to be compensated financially. Yes, you can sue the driver even if they have minimum insurance. Chances are they will go bankrupt, or have no assets, and you will be stuck with an empty judgment. I recommend that all bikers and motorcyclist carry at least 0,000.00 to ,000,000.00 of uninsured motorist and under insured motorist coverage just in case. At least you will know that there should be enough money to compensate you for your out of pocket and non out of pocket losses.
With respect to the motorcycle accident we are discussing, you or your loved ones now have two jobs; (1) Get Better, and (2) Retain a Competent Motorcycle Accident Lawyer who will handle the legal aspects of your case, provide you and your family with guidance, direct you to the right doctors if necessary, handle your motorcycle property damage for you, charge you no money out of your pocket until they recover for you, and generally handle all aspects of the case with your assistance when needed.
Do not be one of the fools that I sometimes talk to that tries to do it on their own only to find out that the insurance company is not going to just willy nilly pay you!
It really is as simple as the above. If you retain the right lawyer for your motorcycle accident case, then all you will need to worry about is getting better and cooperating with your attorney.
If you or a loved one or friend has had a motorcycle accident anywhere in the State of California you may call me 24 hours per day toll free at 800-816-1529 extension 1. My people will come to you if you cannot come to us. If we take your case, we will take care of you to the full extent of our powers as competent motorcycle accident lawyers.
By Norman Gregory Fernandez, Esq., © 2008
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