
What Mistakes Should You Avoid After a Motorcycle Accident?
Motorcycle accidents can be devastating—physically, emotionally, and financially. Unlike car accidents, motorcyclists face a much higher risk of serious injury or even death due to their exposure and the lack of protection. In the aftermath of a crash, the steps you take—or fail to take—can significantly impact your recovery, your legal rights, and your ability to receive fair compensation.
Whether you’re a rider yourself or someone close to a motorcyclist, understanding the most common post-accident mistakes is critical.
1. Leaving the Scene Without Gathering Evidence
One of the most common mistakes riders make after an accident is leaving the scene too quickly or failing to collect important information. Even if you believe the situation is minor or you’re in shock, documenting the incident is essential.
What you should do instead:
- Take photos of your motorcycle, the other vehicle(s), the road, traffic signs, and any skid marks.
- Get contact and insurance information from all parties involved.
- Ask witnesses for their names and phone numbers.
Without solid documentation, proving fault later can become extremely difficult.
2. Failing to Call the Police
Some motorcyclists choose not to call the police, especially if they feel the accident was minor or want to avoid delays. This is a serious mistake. A police report serves as an official, impartial record of the crash, which is invaluable for insurance claims and legal proceedings.
Police can:
- Record statements from both parties.
- Document the condition of the vehicles and the scene.
- Establish a preliminary determination of fault.
Never leave the scene without contacting law enforcement, no matter how small the crash may seem.
3. Admitting Fault at the Scene
It’s natural to want to apologize or accept blame, especially in a stressful or emotional moment. But statements made at the scene can be used against you later, even if they were simply expressions of sympathy or confusion.
Instead:
- Stick to the facts.
- Answer police questions clearly but concisely.
- Avoid discussing the accident in detail with the other driver.
Let the investigation and your attorney determine who is at fault.
4. Delaying Medical Treatment
In the chaos following an accident, many motorcyclists assume they’re okay—especially if there are no visible injuries. However, serious internal injuries, concussions, and soft-tissue damage can take hours or even days to become apparent.
Delaying treatment can hurt both your health and your legal claim. Insurers may argue that your injuries weren’t serious or weren’t related to the accident if you wait too long.
Always:
- Accept medical attention at the scene.
- Visit an emergency room or your doctor within 24 hours.
- Follow up with recommended specialists or therapy.
5. Not Notifying Your Insurance Company
Failing to notify your insurance company promptly is another common error. Most policies require that you report any accident within a short period of time—often just a few days.
If you wait too long:
- Your claim could be denied.
- You may miss out on coverage like medical payments or uninsured motorist benefits.
When reporting the accident, provide only basic information. Avoid speculating or admitting fault. It’s often best to speak with a personal injury attorney first.
6. Accepting a Quick Settlement
After an accident, you may be contacted by the other driver’s insurance company with a quick settlement offer. While this might seem like a relief, accepting it without legal advice is usually a mistake.
Why?
- These offers often don’t account for future medical costs, lost income, or pain and suffering.
- Once you accept, you typically waive your right to pursue additional compensation—even if your injuries worsen.
An attorney can evaluate whether a settlement is fair based on the full extent of your damages.
7. Posting About the Accident on Social Media
Social media posts can seriously damage your personal injury claim. Even innocent posts or photos can be twisted by insurance adjusters or defense attorneys.
Avoid:
- Posting updates about your recovery.
- Sharing photos of yourself engaging in physical activity.
- Discussing any details of the accident.
Until your case is resolved, it’s best to avoid social media altogether or set your profiles to private and limit your activity.
8. Failing to Document Your Injuries and Recovery
Keeping a personal injury journal can be one of the most powerful tools in your case. Yet many people neglect this crucial step.
Include:
- Daily notes about pain levels and physical limitations.
- Missed work or activities due to injuries.
- Emotional struggles such as anxiety, depression, or PTSD.
This record helps demonstrate the full impact of the accident on your life, which can influence the amount of compensation you receive.
9. Not Hiring an Experienced Motorcycle Accident Attorney
Motorcycle accidents are often more complex than car accidents. Jurors may hold biases against motorcyclists, and insurance companies are well-practiced at minimizing payouts.
Handling your claim on your own can lead to:
- Lower compensation
- Missed deadlines
- Inadequate legal representation if the case goes to court
An experienced motorcycle accident attorney knows how to build a strong case, deal with insurers, and negotiate a fair settlement—or fight for you in court if necessary.
10. Ignoring the Statute of Limitations
Each state has a deadline for filing personal injury claims. In California, the statute of limitations is typically two years from the date of the accident. If you miss this deadline, you may lose your right to recover any compensation.
It’s also worth noting that if a government entity (like a city or county) is involved—say, due to poor road maintenance—the deadline could be as short as six months.
Consult an attorney as soon as possible to ensure your claim is filed on time.
Your Legal Rights After a Motorcycle Accident
Motorcyclists often face an uphill battle after an accident. Beyond the physical recovery, you may face skepticism from insurers, lowball settlement offers, and a legal system that’s difficult to navigate without help. Avoiding the mistakes outlined above can dramatically improve your chances of recovering full and fair compensation.
You may be entitled to damages for:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Loss of earning capacity
- Emotional distress
But to claim them, you must protect your rights from the very beginning.
Contact LA Personal Injury Attorneys
If you’ve been involved in a motorcycle accident, don’t take chances with your health or your financial future. The legal process is complex, and insurance companies often don’t have your best interests in mind.
LA Personal Injury Attorneys is here to help you navigate your recovery with clarity and confidence. With extensive experience in handling motorcycle accident cases, we understand the unique challenges riders face—and we’re committed to securing the compensation you deserve.
Contact LA Personal Injury Attorneys today to discuss your case with a dedicated legal professional.