A motorcycle crash can be a disorienting experience, leaving riders unsure of their next steps. In a city like San Jose, where diverse road conditions range from scenic highways to complex urban intersections, knowing how to respond is crucial. With a mix of local traffic patterns and ever-changing road projects, motorcyclists must be particularly vigilant about protecting their legal rights after an accident.
Whether the crash occurs near the winding roads of the Alum Rock area or the busy lanes of Highway 87, riders need to act quickly to safeguard their interests. California law provides clear avenues for compensation, but navigating these legal pathways requires precision.
In this guide, experienced San Jose motorcycle accident attorneys outline the key steps you need to take in the event of a motorcycle crash to protect your rights.
Steps to Take After a Motorcycle Crash
1. Ensure Safety and Call Emergency Services
Immediately after the crash, check yourself and others for injuries. If it is safe to do so, move to a secure location to avoid further harm. Call 911 to report the accident, as California law requires drivers involved in crashes resulting in injuries or death to notify law enforcement. The responding officers will document the scene and create an official accident report, which can serve as valuable evidence in your case.
2. Gather Information and Evidence at the Scene
After making sure everyone involved in the accident is safe, gather as much information and evidence as possible. This includes:
- Names, contact information, and insurance details of all parties involved.
- Contact information of any witnesses.
- Photos or videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
- Police reports and statements from responding officers. If you are unable to obtain the police report right away, make sure to request a copy as soon as possible.
3. Seek Medical Attention
Even if you feel fine, some injuries—such as concussions, internal bleeding, or spinal trauma—may not show immediate symptoms. Seeking medical attention creates an official record of your injuries, making it harder for insurance companies to argue that they were unrelated to the accident. In Hernandez v. California Hospital Medical Center (2000), the court emphasized the importance of timely medical care in proving injury claims.
4. Notify Your Insurance Company
California follows a comparative negligence system, meaning that fault can be shared between parties. Promptly notifying your insurance company allows them to begin their investigation. However, be cautious when providing statements—avoid admitting fault or speculating about what happened. An attorney can help you craft a statement that protects your interests.
5. Consult a Motorcycle Accident Attorney
Insurance companies often try to minimize payouts by shifting blame or undervaluing damages. A skilled attorney can negotiate on your behalf, gather additional evidence, and, if necessary, represent you in court.
Under California’s statute of limitations (California Code of Civil Procedure § 335.1), you generally have two years from the date of the accident to file a personal injury lawsuit. Waiting too long could result in losing your right to seek compensation. Don’t delay in contacting a qualified attorney to protect your rights and help you navigate the legal process.
Protect Your Rights After a Motorcycle Crash
No one anticipates getting into a motorcycle accident. But, knowing what steps to take beforehand can help protect your rights and ensure that you receive the compensation you deserve. The steps outlined here are not exhaustive, and every case is unique.
If you have been involved in a motorcycle crash, it is crucial to seek the advice of an experienced motorcycle accident attorney in your area who can guide you through the process and help you achieve the best possible outcome. Don’t wait—take action to protect your rights today.
