Pressley Henningsen not only helps motorcycle victims in his role as a personal injury attorney, but knows the rules of the road from personal experience.
After a motorcycle accident, the last thing you may be thinking is to preserve evidence from the crash. However, this is precisely what you should do in order to protect your right to bring a personal injury claim later down the line. If you have been in a motorcycle crash, these are 8 steps that you take in the hours and days after the wreck. Taking these steps is essential for proving your case.
Don’t try to “tough it out.” Regardless of whether or not you believe you’re seriously injured, seek medical attention immediately after a motorcycle accident. Your injuries may not present themselves immediately after the crash – some physical problems don’t appear for hours or even days after a wreck.
The legal system says that the victim must prove they were injured in an accident. The best way to prove these injuries is through medical records of you being examined immediately after the crash.
As soon as it is practical, call your motorcycle insurance company and report the crash. Ask your insurance agent what forms you may need to fill out in order to support your claim. If you do not report the accident as soon as possible to your insurance company, they may stop providing you service until you comply with all of their requests.
Write down everything you can remember about the crash as soon as you get home. Draw diagrams and label them clearly. Make sure to jot down the following information:
Keep these notes in a safe place so they are available when you are ready to speak to an attorney. Police reports are not always 100% accurate.
Even if you believe the investigating officer or an insurance representative took photos of the accident, make sure to get your own. If you are injured, have someone you trust take the photographs. Make sure to get angles both up close and from a distance. These types of photos will be the most important ones to take:
Make sure to pay attention to the background of the photos you are taking. The photos should show the crash site and your injuries. They should not show things in the background you will later have to explain.
You should ask your insurance company what procedures they require before getting your motorcycle repaired. If you don’t ask, they may refuse to pay your repair bills. The most important thing to remember is if anyone was seriously injured or killed in the crash, you should talk to an attorney before having your vehicle repaired.
Insurance representatives are trained to take recorded statements that can then be used against you. Tell them to contact you in writing, and do not sign any paperwork from any insurance company other than your own. Before you sign anything, contact a personal injury attorney.
Paying a fine for a traffic offense can be used against you as an admission of guilt. Any testimony at a legal hearing can be recorded and used against you at a later date. You should talk to an attorney before you proceed with either of these things. In some cases, a personal injury attorney may be provided to you by your auto insurance company, or you can do your research and hire one yourself.
Iowa law requires that a motorcycle crash victim or the victim’s family settle an injury claim, start a lawsuit, or give notice of intent to make a claim within a short period of time after the crash. Generally, the statute of limitations in Iowa is two years from the date of the injury, but you can’t wait that long to get started on your claim. There may be some circumstances that require you to act more quickly. Those can include:
If any of these apply to your motorcycle injury case, or you have other questions, contact an experienced motorcycle accident attorney. There are biases against bikers and unique issues in bike cases. You should work with a personal injury attorney who understands these issues and who regularly handles serious motorcycle crash cases. Myself and the other lawyers at RSH Legal do. Call us today at 319-409-6575. Take care and safe riding.
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