What to Do After a Motorcycle Accident in Texas

Experiencing a motorcycle crash can be a traumatic and overwhelming event. Knowing what steps to take after a motorcycle accident is crucial to protecting your health, rights, and potential legal claims. From seeking immediate medical attention to documenting the accident and contacting the right injury attorneys, each decision you make can impact the outcome of your case.

At Thompson Law, we understand the challenges and complexities that come with motorcycle accident claims. Our Texas motorcycle accident attorneys are dedicated to helping you recover the compensation you deserve after a motorcycle accident. With a proven track record of success and a client-first approach, we ensure every client receives the personalized attention they need.

Plus, we offer a FREE CONSULTATION to assess your case after a motorcycle accident and provide guidance at no cost. You pay nothing unless we win your case, giving you peace of mind during an already stressful time. Call us today or contact us online today.

9 Crucial Steps to Follow After a Motorcycle Accident

Taking the right steps after a motorcycle accident is crucial to protecting your rights and reaching a fair outcome. To help you navigate this challenging time, we’ve outlined nine key actions to prioritize. These steps will help you safeguard your health, gather critical evidence, and strengthen your case for fair compensation.

1. Contact the Police

Under Tex. Transp. Code § 550.041, contacting the police is legally required after a motorcycle wreck that results in injury, death, or significant property damage (i.e., property damage exceeding $1,000). Reporting the accident to law enforcement is crucial for several reasons.

First, the police will work to secure the accident scene, ensuring the safety of everyone involved and preventing further harm. They may redirect traffic, provide emergency assistance, and document key details about the incident.

Additionally, the police will generate an official accident report, which is an essential piece of evidence for your claim. This report includes important information, such as the names and contact details of those involved, witness statements, and a summary of what likely occurred.

The details outlined in the police report provide a reliable and impartial record, which can strengthen your case and be vital in negotiations with insurance companies or in court proceedings. Failing to contact the police may not only violate state law but could also jeopardize your ability to seek fair compensation.

2. Locate and Talk to Witnesses

Witnesses can provide crucial firsthand accounts of the incident, which can significantly support your case. Start by identifying anyone who was present at the scene of the accident. Ask for their names and contact information, such as phone numbers and email addresses, so you or your legal representative can reach out to them later.

When talking to witnesses, focus on collecting objective details about what they saw, heard, or experienced. Be sure to ask clear, open-ended questions that allow them to recount the events in their own words. Document their statements carefully, as their testimony may help establish fault or verify the sequence of events. Remember, the sooner you locate and interview witnesses, the fresher their memories will be, making their input more accurate and reliable.

3. Document the Accident Scene with Photographs

Photographs are pivotal in capturing evidence of the accident. Be thorough when taking pictures to ensure critical details are documented. Use the following guidelines to record the scene effectively:

• The Vehicles: Capture all vehicles involved in the accident from multiple angles, including close-ups of any damage and wide shots that show their positions relative to each other and the surroundings.
• License Plates: Make sure to photograph the license plates of all vehicles involved.
• The Surrounding Area: Take pictures of the accident scene, including roadways, traffic signs, signals, and any nearby landmarks that help establish the location.
• Weather Conditions: Document the weather at the time of the accident, such as rain, fog, or clear skies, as it may have played a role in the incident.
• Skid Marks or Debris: Photograph any skid marks, broken glass, car parts, or other debris on the roadway.
• Road Conditions: Include images of the road conditions, such as potholes, oil spills, or uneven pavement, that might have contributed to the accident.
• Visible Injuries: If you or anyone else sustained visible injuries, document them with photographs as soon as safely possible.
• Other Relevant Details: Capture any other details that may be relevant, such as the presence of construction zones, blocked visibility, or objects obstructing traffic.

Thorough documentation of the accident scene will help ensure you have a clear and comprehensive record of the incident for insurance purposes or legal proceedings.

4. Exchange Contact & Insurance Information

After ensuring everyone’s safety and documenting the accident scene, it is crucial to exchange information with the other parties involved. Be polite and cooperative while collecting the necessary details. The following details should be gathered from the other driver(s):

• Full Name and Contact Information: Obtain their name, phone number, and address.
• Driver’s License Number: Record their driver’s license number and check its validity if possible.
• Registration Information: Note the make, model, and license plate number of their vehicle
• Vehicle Identification Number (VIN): Ensure you record the vehicle’s VIN, which can typically be found on the dashboard or driver’s side door frame.
• Insurance Company and Policy Number: Request their insurance provider’s name and policy number for your records.
• Vehicle Owner Information: If the driver is not the owner of the vehicle, collect the vehicle owner’s name and contact details.

Ensure you also provide your information to the other party, and avoid discussing fault at this stage. Exchanging accurate and complete details will be vital for simplifying the claims process and resolving any disputes.

5. Limit Communication With the Other Driver(s)

After a motorcycle accident, limit your communication with the other driver to the exchange of information and checking for injuries. Further, you should:

• Remain calm and polite when interacting with the other driver(s). Avoid raising your voice or escalating the situation.
• Exchange necessary information such as contact details, insurance, and vehicle information as outlined in the previous steps.
• DO NOT apologize or admit guilt, as doing so could be interpreted as an admission of fault. Avoid discussing fault or admitting responsibility for the accident. Leave this determination to the insurance companies or authorities.
• DO NOT share unnecessary personal details, such as opinions about the incident or conversations unrelated to the necessary exchange of information.
• DO NOT sign any documents provided by the other driver(s) unless they are from law enforcement or your insurance company.
• DO NOT post on social media about the accident, as it is discoverable by the at-fault party’s insurance company and may be used against you later.

6. Seek Medical Care

After a motorcycle accident, seeking medical care should be a top priority, even if you feel your injuries are minor. Some injuries, such as internal trauma or concussions, may not present immediate symptoms but can worsen over time.

Document all medical evaluations, treatments, and any complaints you may have, no matter how insignificant they may seem. By doing so, you establish a clear record linking your injuries to the accident, preventing insurance companies from attributing them to pre-existing conditions.

Additionally, avoiding gaps in your medical treatment is essential. Delays or inconsistencies in care can be used by insurance companies to argue that your injuries were not severe or are unrelated to the crash. Consistent and thorough medical documentation is key to protecting your health and your claim.

7. Obtain an Estimate for Property Damage

Obtaining an estimate for property damage to your motorcycle is a critical step in the claims process. Start by taking detailed photographs of the motorcycle’s damage from multiple angles immediately after the accident. This visual documentation supports your claim and provides evidence of the extent of the damage.

Once you have the visuals, contact a reputable repair shop or motorcycle specialist to provide an official repair estimate. You may also be required to seek estimates from multiple shops, as insurance companies often compare estimates to determine reasonable repair costs.

Be sure to keep all receipts, invoices, and correspondence related to the repairs or inspections, as these documents will help establish the value of your property damage claim. If the motorcycle is a total loss, gather documentation of its market value of your motorcycle prior to the crash to support discussions with the insurance adjuster.

8. Remain Consistent With Medical Treatment

Consistently following your prescribed medical treatment after a motorcycle accident is crucial, not only for your recovery but also for your legal and insurance processes. Attend all medical appointments, therapies, and follow-up visits to demonstrate that you are prioritizing your health and fully addressing any injuries sustained in the accident.

Skipping appointments or failing to follow medical advice could be interpreted by the insurance company as a sign that your injuries are not severe or that you are not taking your recovery seriously. Maintain detailed records of your medical treatments, diagnoses, and expenses, as these documents will serve as critical evidence when negotiating your settlement or presenting your case for personal injury damages in court.

9. Contact a Texas Motorcycle Crash Lawyer

If you’ve been involved in a motorcycle crash in Texas, it’s essential to have experienced legal professionals on your side. The Texas motorcycle accident lawyers at Thompson Law are here to guide you through the complexities of your case and help you pursue the compensation you deserve after a motorcycle accident.

If you’re pursuing a motorcycle accident claim, it’s crucial to understand the statute of limitations (SOL), which sets a strict deadline for filing. In Texas, you typically have two years from the accident date to file, or you risk losing your right to compensation. SOL deadlines vary by state, and the prevailing SOL is that for the state in which your motorcycle crash occurred. Our skilled motorcycle accident lawyers can ensure your claim is filed on time and meets all legal requirements.

We understand the unique challenges motorcycle accident victims face and are committed to protecting your rights every step of the way. Don’t wait – contact the dedicated team at Thompson Law today to schedule your FREE CONSULTATION after a motorcycle accident. We are available 24/7 to provide the help and answers you need in this difficult time.