The open road is the reason you ride. From the scenic curves around Lake Tahoe to the long, straight stretches of highway east of Reno, nothing compares to the feeling of freedom. But when another driver's carelessness brings that ride to a sudden, violent stop, that feeling is replaced by confusion, pain, and uncertainty. The road ahead suddenly looks very different, and it’s critical to know how to move forward.
Knowing what to do after a motorcycle accident is about taking control of your new path. It begins with an unwavering focus on your medical recovery, followed by the meticulous work of documenting what happened, and learning how to protect yourself when dealing with insurance companies. Taking these deliberate steps can ensure your journey toward healing is on solid ground.
Key Takeaways about What to Do After a Motorcycle Accident
- A person’s first priority after a motorcycle accident is to seek a comprehensive medical evaluation, even if injuries do not seem severe at first.
- Documenting everything is essential; this includes keeping all medical records, receipts, photos of injuries and property damage, and notes about the accident.
- Individuals should be cautious when speaking with insurance adjusters, as initial settlement offers are often less than what is needed for a full recovery.
- Understanding Nevada's specific laws, such as the statute of limitations for personal injury claims, is crucial for protecting one's legal rights.
- Calculating the full scope of damages involves more than just immediate medical bills; it includes future medical needs, lost wages, and the impact on quality of life.
Your Health and Recovery Are the Top Priority
Once you are home from the scene of the accident or the hospital, your focus must remain on your health. The physical toll of a motorcycle crash is often significant, and some serious injuries may not show symptoms right away.
Seek a Full Medical Evaluation
Even if you received emergency care, it's vital to follow up with your primary care physician or a specialist. Some injuries, like traumatic brain injuries (TBIs) or internal damage, can have delayed symptoms. A thorough medical check-up creates an official record of your injuries, which is fundamental for any future injury claim.
Follow Your Treatment Plan
Adhering to your doctor's orders is crucial for two main reasons. First and foremost, it is the best way to support your physical healing. Second, it demonstrates to insurance companies that you are taking your recovery seriously. Be sure to:
- Attend all scheduled doctor’s appointments, physical therapy sessions, and specialist visits.
- Fill all prescriptions and take medications as directed.
- Do not return to work or strenuous activities until you are medically cleared to do so.
Failing to follow your treatment plan can be used by an insurance company to argue that your injuries aren't as severe as you claim or that you contributed to your condition worsening.
Building a Record: The Importance of Documentation
While you focus on healing, it's also a critical time to gather and organize information related to the accident. Strong documentation forms the foundation of a successful personal injury claim. The more detailed your records are, the clearer the picture of how the accident has affected your life.
What to Do After a Motorcycle Accident to Preserve Evidence
Start a dedicated folder or digital file to store everything connected to the crash. This record-keeping can make a significant difference in your ability to receive fair compensation.
Your documentation should include:
- The Official Police Report: Obtain a copy of the official accident report from the Reno Police Department, Washoe County Sheriff's Office, or whichever law enforcement agency responded. This report contains the officer's initial findings, witness information, and other key details.
- Medical Records and Bills: Keep every bill, receipt, explanation of benefits (EOB) from your health insurer, and report from doctors, hospitals, and therapists. These documents prove the extent of your medical treatment and its cost.
- Photos and Videos: If you couldn't take photos at the scene, ask a friend or family member to photograph your injuries as they heal, the damage to your motorcycle, and any damaged gear like your helmet or jacket.
- Proof of Lost Income: Collect pay stubs, a letter from your employer, and any other documents that show the wages you have lost because you were unable to work.
Keeping these items organized will provide a clear and powerful account of the financial and physical costs of the accident.
Dealing with Insurance Companies
Shortly after your accident, you will likely be contacted by an insurance adjuster from the at-fault driver's company. It is important to proceed with caution. The adjuster's job is to protect their company's financial interests, which often means paying out as little as possible.
Your First Conversation with an Adjuster
When you speak with an adjuster, remember that the call is almost always recorded. You are not required to give a recorded statement, and it is often wise to decline until you have had a chance to consult with an experienced motorcycle accident attorney.
Here are a few key points to keep in mind:
- Provide only basic facts: You can confirm your name, address, and the date and location of the accident. Do not discuss fault, your injuries, or details about your medical treatment.
- Do not guess or speculate: If you don't know the answer to a question, it is perfectly acceptable to say so. Avoid guessing about your speed, the sequence of events, or how you are feeling.
- Decline an immediate settlement offer: Adjusters may offer a quick, low-ball settlement before you know the full extent of your injuries and financial losses. Accepting this offer will prevent you from seeking further compensation later, even if your medical condition worsens.
It is their business to settle claims for the lowest amount possible. Remember that you have the right to take your time and fully understand your situation before making any decisions.
Understanding Nevada Motorcycle Accident Laws
Nevada has specific laws that can affect your personal injury claim. Being aware of these rules is important for protecting your rights.
Nevada's Statute of Limitations
In Nevada, you generally have a limited time to file a lawsuit for personal injury. The statute of limitations for personal injury claims is two years from the date of the accident. A statute of limitations is simply the legal deadline for filing a case. If you miss this deadline, you will likely lose your right to seek compensation through the court system permanently.
How Fault is Determined in Nevada
Nevada follows a "modified comparative negligence" rule. This legal concept means that you can still recover damages even if you were partially at fault for the accident, as long as your share of the fault is not more than 50 percent.
For example, if you are found to be 20% at fault for a collision on a busy road like Virginia Street in Reno, your total compensation award would be reduced by 20%. However, if you are found to be 51% or more at fault, you would be barred from recovering any compensation at all. This is why a thorough investigation to establish the other party's negligence is so important. Negligence is a legal term for when a person or entity fails to use reasonable care, and that failure causes injury to someone else.
Calculating the Full Value of Your Claim
A motorcycle accident can cause losses that go far beyond the initial hospital bills and bike repairs. To pursue fair compensation, you must account for every way the accident has impacted your life. A comprehensive claim considers both economic and non-economic damages.
Economic Damages
These are the tangible, verifiable financial losses you have suffered. They have a clear dollar value and can be proven with receipts, bills, and financial statements.
- Current and Future Medical Expenses: This includes everything from emergency room visits and surgery to ongoing physical therapy, medication, and necessary medical equipment.
- Lost Wages: This covers the income you lost while unable to work during your recovery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living in the future, you may be compensated for this long-term financial loss.
- Property Damage: This includes the cost to repair or replace your motorcycle, helmet, and any other personal property damaged in the crash.
Non-Economic Damages
These damages are more subjective and compensate you for the intangible, personal losses you have experienced. Though they don't have a direct price tag, they are a very real part of the harm caused by an accident.
- Pain and Suffering: This compensates for the physical pain, discomfort, and emotional distress caused by your injuries.
- Emotional Distress: This can include anxiety, depression, fear, and other psychological effects of the trauma.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once enjoyed, like hiking near Lake Tahoe or riding through Northern Nevada's scenic routes, you may be entitled to compensation for this loss.
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are significantly overrepresented in traffic fatalities and injuries. This highlights the severe impact these accidents can have and underscores the need to account for all damages when seeking compensation.
FAQs: What to Do After a Motorcycle Accident
Here are answers to some common questions that arise for riders after a crash.
What if the at-fault driver doesn't have insurance or is underinsured?
If the driver who caused your accident has no insurance or not enough to cover your damages, you may be able to file a claim through your own insurance policy's Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional but highly recommended coverage in Nevada that protects you in these situations.
Does Nevada's helmet law affect my personal injury claim?
Nevada requires all motorcycle riders and passengers to wear helmets. While failing to wear a helmet is a violation of the law, it doesn't automatically prevent you from recovering compensation. However, the defense may argue that your failure to wear a helmet contributed to the severity of your head injuries, which could potentially reduce your compensation under the comparative negligence rule.
How long will it take to resolve my motorcycle accident claim?
The timeline for resolving a claim can vary widely. A straightforward case with clear liability and minor injuries might settle in a few months. A more complex case involving severe injuries, disputed fault, or the need for a lawsuit could take a year or longer to resolve. The most important factor is not to rush the process and ensure you have reached maximum medical improvement before settling.
Should I accept the first settlement offer from the insurance company?
It is generally not advisable to accept the first offer. Initial offers are often significantly lower than the true value of your claim and are made before the full extent of your injuries and long-term needs are known. It's best to see it as the starting point for negotiations.
Speak with a Dedicated Legal Team
Knowing what to do after a motorcycle accident can feel like a heavy burden when you should be focused on your recovery. The physical pain, mounting medical bills, and calls from insurance adjusters can be a lot to handle. A skilled personal injury attorney can lift that weight by managing the legal details, fighting for your rights, and working to secure the full compensation you deserve.
At Viloria, Oliphant, Oster & Aman L.L.P., we provide personalized attention to every client. We understand what you are going through and are here to offer the guidance and support you need. Contact us today at (775) 284-8888 or through our online form for a free, no-obligation consultation to discuss your case and learn more about your legal options.