We’re willing to bet that the freedom of maneuverability that comes with operating a motorcycle, is one of the best parts about riding, if you asked motorcyclists everywhere.
However, it’s also one of motorcycling’s greatest downfalls.
While cars, buses and trucks have the safety of an enclosed space, and features such as seat-belts and airbags, the motorcycle does not provide these same safety assets.
In fact, most motorcyclists have no more protection in a crash than the clothes on their back, said Michael T. Gibson, P.A.
If you’re in the wake of a motorcycle accident, it’s likely a difficult time. You might have questions about everything, from the value of your claim to the length of time it will take to settle.
Here are three motorcycle-specific FAQs, with answers provided by Gibson’s Orlando-based law firm.
1. What should I do to protect myself after an accident?
After an accident, you should take the necessary precautions to protect yourself and your finances:
1. Do not accept responsibility, even partial responsibility, for the accident. A police officer may approach you at the scene of the accident or in the hospital after your crash, depending on the severity of your injuries. Do not accept responsibility for the accident or make any statement that may indicate as much. You should answer the officer’s questions honestly, but without implying fault. Provide as much detail as you remember from the accident.
2. Seek medical care as soon as possible. Many riders may feel tempted to avoid the hospital after a wreck, especially if they can walk around the scene of the accident. But you should seek medical attention as soon as possible. Doing so can:
- Identify the full extent of your injuries. Often, adrenaline and endorphins can combine to prevent you from feeling your injuries immediately after the accident. You may not realize the severity of your pain until that adrenaline has time to fade.
- Prevent you from mistakenly worsening injuries. If you walk around without medical care, you can accidentally cause your injuries to get worse. Often, accident victims worsen their injuries unintentionally because they don’t recognize the full severity -- or know what to do to prevent further problems.
- Provide clear evidence of when your injuries occurred. If you need to seek compensation for medical expenses associated with your injuries, you may need to provide evidence about when the injuries occurred and how the accident happened. If you do not visit the hospital, the insurance company’s attorney may attempt to claim that your injuries occurred elsewhere and that, therefore, the company does not have to pay you.
3. Follow the recommendations of your doctors. Your doctors and physical therapists may provide lengthy recommendations about your recovery. Some people might ignore those recommendations and attempt to return to their normal activities as soon as they feel able. You might try to forego therapy due to lack of time. Failure to follow those recommendations, however, could cause you to inadvertently worsen your injuries. And if you do that, it could reduce the total amount of compensation that you ultimately receive for your injuries, Gibson said.
4. Write down or record your statement of events as soon as possible. Your memory may fade quickly after a crash. While the feelings from the accident may remain, or you may have flashbacks, you may not remember all the details that contributed. Those details may blur, or you may find your memories impacted by other people’s statements about the accident. Record your statement of events as soon as possible, whether you create a written report or use an audio recorder to give a verbal report. Ideally, you want your statement and your memory as clear as possible.
5. Contact an attorney as soon after the accident as you can. Do not wait to get in touch, even if you feel you may need to wait to file your personal injury claim.
“An attorney can provide valuable advice and assistance at every stage after your motorcycle accident, and having that attorney on your side can help provide peace of mind, reduce stress, and prevent you from missing out on compensation,” Gibson said.
2. If I didn’t wear a helmet at the time of my accident, and suffered a traumatic brain injury, can I still pursue compensation?
Florida law does not require drivers and riders ages 21 and older to wear a helmet while riding their motorcycles, as long as they can provide proof that they carry at least $10,000 in personal injury protection coverage. Regardless of whether you chose to wear a helmet at the time of your accident, you can still file for compensation from the driver or another party that caused your accident, Gibson said.
Wearing a helmet, however, can offer many vital protections in a motorcycle accident, significantly decreasing the risk of head and neck injury. Wearing a helmet can decrease the risk of severe head injury in a motorcycle accident by as much as 69%, and the risk of death by 42%.
“Ideally, you should always wear protective gear when riding your motorcycle to help provide as much protection as possible if you do have an accident,” Gibson said. “The lack of protective gear, however, will not prohibit you from seeking compensation for any injuries, including head injuries, suffered as a result of a motorcycle accident.”
3. How long should I expect my personal injury claim to take, following an accident?
It can take time to file a personal injury claim and secure compensation after a motorcycle accident.
“Your attorney may need time to investigate your accident and get a better idea of all the factors that contributed to your accident,” Gibson said. “If you need to ask for significant compensation due to high medical bills and severe injuries, it can take (even) longer to settle your claim.”
While the funds you receive in compensation can provide vital financial aid that makes it possible for you to pay your medical bills and cover your regular bills during your recovery, you should prepare for it to take some time.
You can find more FAQs (and answers!) here.
Learn more about Gibson and Auto Justice Attorney.