Motorcycle FAQs

What should I do if I have been in a motorcycle accident?

If you have been in a motorcycle accident, the first step is to obtain as much information as possible. The most vital information to acquire is the names, contact information, and addresses of all of the drivers and vehicle owners involved in the accident and any potential witnesses.  It is also important to obtain the insurance policy information from the other vehicles' owners.  If possible, collecting any information about the accident scene, including the position of the vehicles, photographs of the scene, and weather and lighting conditions can also be helpful to your case.  Contacting a knowledgeable accident attorney as soon as possible is very important to preserving your rights and interests following an accident.

There are also other important steps to take after an accident.  Report the incident to the police, especially if you believe there were traffic violations or if a driver is under the influence of drugs or alcohol. It may also be necessary to call an ambulance and get medical attention for anyone who was injured in the accident. Finally, it is usually best to contact your insurance company after an accident, to report any damage and advise them of the incident. 

I didn't think I was hurt in the motorcycle accident, but some time has passed and now I'm experiencing pain.  What should I do?

Often injuries related to serious motorcycle accidents take some time to materialize.  The best way to react after an accident, even if you only feel minor discomfort, is to seek medical treatment to document whatever problem you might have and begin treatment as soon as possible.  You should also notify both your health and automobile insurance, so that you can recover any expenses you have incurred if the accident was not your fault.  It is important to be aware that states impose a limitation on the time in which injured individuals can file a lawsuit after an accident occurs.  For example, California has a two year statute of limitations which applies to most personal injury actions.  On the other hand, Florida has four year statute of limitations for most personal injury actions.  Since states have different applicable statutes of limitation, it is always best to consult a qualified attorney to determine what statute of limitations applies to your case.

If you or a loved one has been seriously injured or has died in an accident, an experienced personal injury attorney will help you get the recovery to which you are entitled. 

I was not wearing a helmet when I was injured in a motorcycle accident.  Can I still recover damages?

If you were injured in a motorcycle accident, while not wearing a helmet, you will probably be able to pursue a claim against an at-fault driver.  However, many states have laws which require helmet use by motorcycle riders.  In those states, recovery will often depend on the nature of your injuries, the applicable motorcycle helmet law, and whether a helmet was actually in use during the accident.  Helmet laws could determine your ability to recover for head and neck injuries in a motorcycle accident.  For instance, the California Vehicle Code demands that riders wear helmets whenever riding a motorcycle.  As a result, a motorcycle rider who suffers an injury in an accident, while not wearing a helmet in California, may be found comparably at fault, possibly preventing recovery.  In contrast, Texas generally allows individuals older than 21 years of age to ride motorcycles without helmets, therefore allowing an injured rider who was not wearing a helmet to recover.  Please see Milton & DeKruif's Motorcycle Article and Motorcycle Resources for more information.

How do I know if my motorcycle helmet is acceptable under my state's helmet law?

All helmets that are approved by the United States Department of Transportation are labeled indicating their status and helmets with this approval are usually considered acceptable under state helmet laws.  Please refer to Milton & DeKruif's Motorcycle Article and Motorcycle Resources for more information.