After a serious injury motorcycle crash, usually a trip to the hospital and follow-up care keeps an injured person from documenting the facts. The motorcycle may be in storage and the victim may be far from the scene of the crash.
It is important to document the scene by having photographs taken and to inspect the area for evidence. Hiring an attorney early on can be the difference as skid marks may still be present and other on-scene factors may change as time passes.
Taking photographs of the scene and the motorcycle immediately after the crash may be the best, but injuries and circumstances may not allow this to happen.
We have had clients that have taken on-scene photos and these photos can be very useful in proving what happened. If possible, document the scene. With today's smart phones, this is much easier to do.
If you are hospitalized, have family or friends take photographs of you in the hospital.
Protect and Preserve Evidence
In motorcycle crashes, the insurance company might pressure you to release your bike or takes possession of a helmet or leathers. Consider consulting with a personal injury lawyer before you give anything away as your bike and clothing may be useful evidence. If the bike was recently repaired or serviced, there may be evidence of negligence that could be useful in presenting a claim. If there is a product defect, it is imperative to retain custody of the bike.
Again, hiring a motorcycle lawyer early on is most important. The motorcycle lawyer can take steps to preserve and protect the evidence. Far too often, clients give statements to insurance companies and later find out that the "nice" adjuster now wants to apportion fault against a biker or outright deny the claim.
Don't take chances, engage an experienced personal injury lawyer who knows and respects bikers.
At the Law Office of Stephen Patrick Rapp, Quincy, Illinois.