Riding a motorcycle is a great way to get around, whether you are taking a casual scenic cruise or flowing with traffic on your daily commute. Unfortunately, riding a motorcycle is also inherently dangerous. Motorcycles are generally more difficult for other drivers to see than cars or trucks, and riders have less protection than most other motorized means of transportation.
The Kentucky Traffic Safety Data Services reported that in 2019, motorcycles represented 7% of vehicles in fatal collisions throughout the state. If you were recently injured or are new to riding, you may wonder what to do after a motorcycle accident in Kentucky. Though your immediate actions will depend on the circumstances of what occurred and the severity of your injuries, at Gerling Law, our experience suggests these are some general steps to take after a motorcycle accident.
What to Do After a Motorcycle Accident in Kentucky
What should I do after a motorcycle accident? Nothing is more important than your well-being. This list of steps to take after a motorcycle accident contains some suggestions that require you to stay on the scene. But if you are injured, your priority should be receiving immediate medical attention. Do not hesitate to proceed directly to the hospital by whatever means emergency medical responders deem necessary to ensure you are ok.
Move Out of Traffic
Even after an accident, motorcycles can be difficult to see through the chaos. Moving out of the road will help avoid another potential collision and additional injuries. Moving your motorcycle is also prudent, but getting yourself out of harm’s way is your top priority.
Call the Police
The police or local law enforcement in the jurisdiction where the accident occurred will be able to produce an official report detailing what happened. This is important evidence whether you are negotiating with an insurance company or filing a lawsuit against a negligent party.
Take Photos
If your phone is intact after the accident, use it to take photos of the accident scene, including close-ups and views from a distance. Images taken at the time the accident occurred can capture details that may otherwise be missed on the accident report and answer questions that may arise later.
Talk to Witnesses
If someone has stopped to help, chances are that they saw the accident occur and will speak to law enforcement. It is also a good idea for you to obtain witness contact information in case your attorney has any questions or their testimony can be used later.
Receive Medical Attention
It is important to see a medical professional as soon as reasonably possible. Even if you do not think you are badly hurt, some serious injuries can go undetected or take weeks or months to present themselves. A doctor will be able to tell you what to look for, even if you are not experiencing immediate pain.
Contact an Attorney
It is important to understand your legal options. When you are injured by someone else’s actions, you may have grounds for a personal injury lawsuit. Even if you choose not to sue, an attorney can help negotiate with insurance companies to ensure you do not settle for less than the compensation you are legally entitled to.
What Not to Do After a Motorcycle Accident
The most important thing to avoid after a motorcycle accident in Kentucky is admitting or implying fault. There is no need to lie about the accident, but you also want to choose your words carefully. Kentucky is a pure comparative fault state. That means you can still sue even if you are partially responsible for the accident, but the compensation you are entitled to will be reduced by the percentage you are found at fault. The party you are bringing your claim against will likely try to find as much fault in your actions as possible, and your words can be used as evidence.
Also, avoid posting on social media after your accident. You don’t want to give the insurance company any ammunition to use against you. Even seemingly innocent posts might be used by the other side to argue that you were not seriously injured in the accident.
Contact Gerling Law Kentucky Motorcycle Accident Attorneys
The team at Gerling Law has represented motorcycle injury victims for over 50 years, and we are committed to ensuring that our clients receive the compensation they need to avoid financial hardship and start the healing process, both physically and emotionally. We have secured millions of dollars for motorcycle accident victims and will help you understand your legal options and what to expect after a motorcycle accident. Contact us to schedule your free case consultation.
Gayle Gerling Pettinga
Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.
Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.
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