The impact of a motorcycle accident in Florida can be serious. Given the small size of motorcycles, in a crash involving a car and motorcycle, the motorcyclist is likely to suffer more serious injuries.
The immediate aftermath of a motorcycle accident can leave you feeling confused, scared and overwhelmed over what to do next, especially if you are injured and in pain. There are several steps you can take to protect yourself and your legal rights after a motorcycle accident.
Move to a safe location but do not move your bike
If possible, get to a safe location but leave your motorcycle where it is. While it can be difficult to leave your motorcycle, it is a good idea for several reasons.
You do not want to sustain additional injuries by trying to move your motorcycle. Your motorcycle is also a crucial piece of evidence that you can use in a personal injury lawsuit.
Any photographs or videos of the accident scene should show exactly what the scene looked like after the accident and not be altered in any way. Take photos or videos of the scene if you can. If not, ask someone else to take them.
Contact the police and an ambulance. Have someone else do this for you if you cannot. Even if you do not believe you are injured, get checked out at the hospital.
Some motorcycle accident injuries are immediately obvious, but some are not. Symptoms of whiplash, a brain injury or a back injury may not show up until days or weeks after the accident.
What not to say
Tell the police what happened when they arrive but do not take responsibility for the accident. Avoid apologizing or saying you are sorry that the accident happened. This could be viewed as admitting fault, which could hurt your chance of recovering damages.
Recovery in a personal injury action after a motorcycle accident requires proving negligence. Florida is a modified comparative negligence state, meaning if you are found to be 50% or more at fault for the accident you cannot recover any compensation.
Because of this, the other driver is likely to try arguing that your own negligence contributed to the accident. A statement to a police officer gives them easy evidence to make this argument.
What information to collect
Obtain a copy of the police report and get the names and badge numbers of all officers who respond. Request copies of any photographs they take of the scene to go along with yours.
Get the names of anyone who witnessed the accident. You may not be physically or mentally able to speak with them immediately after the accident, but once you are recovering, you can contact them to see if they have any information that can help your case. Additionally, do not forget to obtain the contact and insurance information from the other driver.
Remember that your health and safety are your main priorities after a motorcycle accident. Take care of yourself, do not admit fault and explore your legal options when you are ready. The losses from a motorcycle accident can be quite high and negligent drivers should be held accountable.
