Being involved in a motorcycle accident can be a traumatic and overwhelming experience. In the moments following a crash, the actions you take can impact both your health and your ability to recover compensation through a personal injury claim.
Immediately after a motorcycle accident in Naples, make sure you protect your health and your legal rights, and make sure to avoid common mistakes that could hurt your claim. You can also work with a Naples motorcycle accident lawyer who cangather evidence, negotiate with insurers, and fight for the compensation you deserve.
Ensure Your Safety and Seek Medical Attention After a Motorcycle Accident in Naples
Your first priority after a motorcycle accident is your safety. If possible, move to a secure location away from traffic without leaving the scene. Call 911 immediately to report the accident and request medical assistance. Motorcycle accidents can cause severe injuries like concussions, internal bleeding, or spinal damage. If you have injured your back, neck, or head, and it is safe to remain where you are, do not move until a medical professional has arrived.
Delaying medical treatment can not only worsen your condition but may also hurt your injury claim. Insurance companies may argue that if you didn’t seek medical care right away or if you stopped prescribed treatment once diagnosed, your injuries weren’t serious.
Always follow up with a doctor and document your symptoms throughout the course of your treatment. Keeping records of medical visits and treatments will also support your case if you need to seek compensation. If you’re unable to get medical records or face challenges with medical bills, a personal injury attorney can help guide you through the process.
Call the Police and File a Report After Your Motorcycle Accident
After a motorcycle accident, always call the police, even if the crash seems minor. A police report provides an official record of the accident, which can be critical for insurance claims and legal action. Officers from the Naples Police Department will:
- Document the scene
- Interview witnesses
- Note important details that can help establish fault
When speaking to the police, stick to the facts and avoid admitting fault, even if you feel responsible. Liability isn’t always clear at the scene, and statements made in the moment can be used against you later.
However, even if you are worried you are partially at fault, you may still be able to seek compensation. Florida follows a modified comparative negligence rule, which means that compensation can be reduced if injury victims are found partially at fault for their losses.
Gather Evidence at the Scene of Your Motorcycle Accident
Collecting evidence immediately after a motorcycle accident can strengthen your claim. If you’re able, take photos and videos of the accident scene, including:
- Vehicle damage
- Road conditions
- Traffic signals and traffic signs
- Any visible injuries
Get contact information from the other driver, passengers, and witnesses. If there are security or traffic cameras nearby, note their location. Some evidence, such as surveillance footage or cell phone records, may be difficult to obtain on your own. A lawyer can request this evidence before it is deleted or lost.
Additionally, keep detailed notes about the accident while your memory is fresh. Include details like weather conditions, traffic flow, and anything unusual about the crash. This information can help establish fault and counter any false claims made by the other driver. The more evidence you have, the stronger your case will be when negotiating with insurance companies or pursuing legal action.
Avoid Speaking to Insurance Companies by Yourself After a Motorcycle Accident
After a mtorcycle accident, insurance companies may contact you quickly, but it’s important to be cautious. Adjusters may look for ways to minimize payouts by twisting your words or pressuring you into a low settlement. Even a simple apology can be used against you as an admission of fault. Because of Florida’s negligence laws, insurance companies may try to shift more blame onto you to lower their payout.
Before giving a statement or signing anything, consult a lawyer who can communicate with insurers on your behalf. A Naples motorcycle accident attorney can help protect your rights, ensure you don’t say anything that harms your claim, and negotiate for a fair settlement.
If the insurance company offers a quick payout, it may not cover the entirety of your medical expenses and damages. A lawyer can provide advice throughout the settlement process, so you don’t accept less than you deserve.
Understand Florida’s Motorcycle Insurance and Injury Laws
Florida’s motorcycle insurance laws differ from standard auto insurance, which affects how you can recover compensation. Unlike car drivers, motorcyclists are typically not covered under Florida’s no-fault Personal Injury Protection (PIP) insurance, meaning you must seek compensation from the at-fault driver’s insurance or file a personal injury lawsuit.
After an accident, gather the other driver’s insurance information and verify their coverage. If the driver is uninsured or underinsured, your options for compensation may be limited. This is where a Naples motorcycle crash attorney can help explore alternative sources of recovery, such as uninsured motorist coverage or filing a lawsuit.
It’s also vital to note that your ability to recover compensation is impacted by legal deadlines to do so. Under Florida Statutes § 95.11, you generally have only two years in which you can pursue a personal injury lawsuit or, in the tragic event that a loved one lost their life in the accident, a wrongful death lawsuit.
How a Naples Motorcycle Accident Attorney Can Help
A motorcycle accident can leave you feeling overwhelmed, but taking the right steps immediately can protect both your health and your legal rights. Prioritizing medical attention, documenting evidence, avoiding mistakes with insurance companies, and understanding Florida’s motorcycle laws and how they impact your case are key to securing the compensation you deserve.
Even small missteps can hurt your case. Working with a Naples motorcycle accident attorney ensures that your claim is handled properly. Contact the Law Offices of Anidjar & Levine today for a free review of your case.
We Can Help.
