The squeal of tires and the jarring impact are noises you can’t forget. When a distracted driver hits you on your motorcycle, your world is instantly upended. The path to recovery and justice begins with the actions you take right now, especially contacting a motorcycle accident lawyer.
Protecting your rights is a process that involves careful documentation and strategic communication. An attorney can build a strong foundation for your claim after a distracted driving accident.
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Your 5-Step Checklist After a Distracted Driver Hits You While Riding
If you’ve already seen a doctor, you’re on the right path. Your following actions are about protecting your right to compensation. Follow these five steps to build a strong foundation for your personal injury claim.
1. Report the Collision
If you haven't already done so, report the crash to the local police department so officers can create an official record of the incident. Once it's available, obtain a copy of the police report and review it for accuracy.
If you notice any errors, contact the police department to request a correction or an addendum. Insurance companies look at the police report when they evaluate your claim. An accurate report strengthens your position. It's an official document that corroborates your account of the accident.
The report might contain citations issued to the distracted driver. A traffic ticket for texting while driving or another violation serves as powerful proof of negligence. This makes it harder for the driver’s insurance company to deny your claim.
2. Preserve All Evidence
Evidence is the foundation of your personal injury claim. Write down everything you remember about the collision. Note the time of day, weather conditions, and the flow of traffic on the road. Reflect on what you saw the other motorist was doing right before the crash.
Did you see the driver on their phone before the impact? Were they eating, adjusting the radio, or talking to passengers? Write down your recollections immediately after the wreck. No detail is too small.
Take photos of your damaged bike or motorcycle and your injuries. Make sure to photograph your injuries as they heal, too. Journaling about your injuries is also a good idea. It helps document your recovery and allows you to express how the wreck has altered your life.
3. Follow All Medical Advice and Treatment Plans
Your health is the priority, so go to all follow-up appointments with your doctor and complete any physical therapy or rehabilitation. Following your treatment plan helps you recover and creates an official record of your injuries and their severity for your claim.
Sometimes, insurers will point to missed appointments to “prove” that your injuries aren’t very serious.
4. Tracking Your Expenses and Losses
A distracted driving accident creates significant financial strain. Keep meticulous records of all your expenses. Every cost related to the crash is a potential part of your claim. Create a dedicated folder or digital file to store receipts, bills, and statements.
Staying organized makes it easier to calculate your total losses. Your losses extend beyond medical bills. They include the damage to your property and the income you lose while unable to work. A detailed record demonstrates the full financial impact of the accident on your life.
Here are examples of costs that you should document:
- Current Medical Bills: Keep a detailed file of every bill you receive from doctors, hospitals, emergency services, and pharmacies.
- Future Medical Care: Document your doctor’s recommendations for any ongoing rehabilitation, physical therapy, or future treatments required for your recovery.
- Lost Wages: Track the income you lose from being unable to work and get a letter from your employer that details your pay rate and the hours you missed.
- Property Damage: Obtain a professional estimate for the full cost of repairing or replacing your damaged motorcycle. Make a list of all your riding gear and personal items that were destroyed, such as your helmet, jacket, gloves, or phone.
- Other Costs: Write down all other related expenses, such as finding alternative transportation.
5. Contact a Personal Injury Attorney
Speak with a personal injury lawyer immediately. An attorney protects your rights, handles all communications, and manages the legal process. This allows you to focus on your recovery while a professional fights for the compensation you need.
Interacting With Insurance Companies
The other driver's insurance adjuster will contact you after you’re hit by a distracted driver while riding. The adjuster works for the insurance company, not for you. Their job is to protect their company's bottom line by paying out as little as possible.
Don’t speak with the at-fault driver's insurance company alone. Instead, direct them to your attorney. An adjuster’s questions are designed to get you to say something that harms your claim.
Let Your Attorney Do the Talking
From the beginning, your personal injury lawyer will handle all communication with the other party's insurer. This protects you from the adjuster's tactics. You’re not required to provide a recorded statement or discuss your injuries with them.
You may receive a quick settlement offer from the insurance company. These initial offers are almost always far below the true value of your claim. The insurer hopes you’ll accept a low amount before you understand the full extent of your losses.
Have your attorney review any settlement offer you receive; they can advise on what’s fair. Accepting an offer ends your claim, and you cannot seek more compensation later if your injuries worsen. Your lawyer can (and will) negotiate for a fair resolution.
Avoid These Common Pitfalls in Your Distracted Driving Claim
The steps you avoid are just as important as the ones you take. Many people unintentionally weaken their own personal injury claims by making a few common mistakes. Steer clear of these missteps to protect the value of your case.
1. Don't Post About the Accident on Social Media
Insurance companies often search social media accounts for evidence they can use against you. A photo of you out with friends or a post saying you “feel fine” can be used to argue your injuries are not severe. They might use a video of you laughing to depict you’re not suffering.
Stay off social media and ask friends and family not to post about your accident or tag you in photos until your claim is resolved.
2. Don't Apologize or Admit Any Fault
Never apologize for the accident or say anything that could be interpreted as admitting fault. Even a simple "I'm sorry it happened" can be twisted and used to shift blame to you. Stick only to the facts of the incident when you must discuss it.
3. Don't Minimize Your Pain or Injuries
Be honest about your pain levels with your doctors. Downplaying your injuries can lead to an incomplete medical record, which hurts your claim. If you tell an insurance adjuster you're "doing fine," they’ll use that statement to justify a lower settlement offer.
4. Don't Repair Your Damaged Motorcycle Too Soon
Your damaged motorcycle is a key piece of evidence. It helps show the force of the impact and how the accident occurred. Don’t get it repaired until after the insurance company has had a chance to inspect it and your lawyer has fully documented the damage.
5. Don't Sign Broad Medical Authorization Forms
The other driver's insurance company may send you a medical authorization form to sign. These forms are often intentionally broad, giving them access to your entire medical history, including past conditions unrelated to the accident.
Your attorney should review any document before signing it to ensure you only release relevant medical records.
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How a Personal Injury Lawyer Helps With Your Claim
An experienced personal injury attorney manages every part of your case so you can focus on your recovery. They handle the complex legal and insurance processes for you. Here is how a lawyer assists with your claim after you’re hit by a distracted driver while riding.
Investigating the Distracted Driving Accident
A lawyer gathers evidence to build your case. They obtain the police report, track down witnesses, and may even work with accident reconstructionists. They know how to get information, like the other driver's cell phone records, which can prove they were texting at the time of the crash.
Their investigation uncovers the facts needed to establish the other party's fault in your case.
Calculating the Full Extent of Your Losses
An attorney assesses all of your damages. This includes economic damages, which have specific price tags like your current and future medical bills, lost wages, and loss of future earning capacity.
They also evaluate your non-economic damages, like pain and suffering, which are harder to quantify but are a real part of your loss.
Managing All Communication for You
Your lawyer handles all communication with insurance companies. They field the adjusters' calls and manage all paperwork, shielding you from the pressure tactics insurance companies often use to get you to settle for less.
Negotiating a Fair Settlement
Most personal injury cases settle out of court, and your attorney negotiates on your behalf. They present the evidence and argue for full compensation based on your losses. Lawyers are skilled negotiators who know how to identify and fight back against lowball offers.
Representing You in Court
If the insurance company refuses to offer a fair settlement, your lawyer can take your case to trial. They represent you in court, presenting your case to a judge and jury. Having a trial-ready attorney shows the insurance company you're serious about your claim.
FAQ for Being Hit by a Distracted Driver While Riding
What Is the Most Important Thing To Do After a Motorcycle Accident?
After a motorcycle accident, your top priority is your health. Seek medical attention immediately after a crash, even if you feel fine. Some serious injuries, like internal bleeding or concussions, don't show symptoms right away. A medical evaluation creates a record linking your injuries to the accident.
How Do I Get the Police Report for My Accident?
You can typically request a copy of the police report from the local law enforcement agency that responded to the crash a few days after the incident. Many departments now have online portals for these requests.
What If the Distracted Driver Who Hit Me on My Bike Blames Me for the Accident?
Don’t accept fault for an accident. State only the facts to the police and the insurer, and let your lawyer handle the issue of fault with the insurance companies. Even if you were partially at fault, you may be able to recover damages due to comparative negligence.
Do I Have To Give a Recorded Statement to the Other Driver’s Insurance Company?
No, you’re not required to give a recorded statement to the at-fault driver’s insurance company. Adjusters use these statements to find inconsistencies in your story or admissions that they can use against you. It’s best to decline their request and direct them to your attorney.
What Is the Time Limit To File a Claim After a Motorcycle Accident?
Every state has a law called the statute of limitations, which sets a deadline for filing a personal injury lawsuit. This time limit varies by state. For example Pennsylvania and Florida allow two years to file a claim, while Massachusetts allows three years.
You lose your right to pursue compensation if you miss this deadline, so consult a lawyer quickly to protect your claim.
Stand Up to Distracted Drivers
The road ahead may seem challenging, but you don't have to ride it alone. Get powerful representation to take the next step in your path to compensation. Your focus should be on healing. The Oakes Firm will focus on fighting for you.
Contact us for a free consultation. Call us at (267) 310-0656 and let us handle the fight for justice.