Motorcycle accidents can be particularly traumatic and overwhelming, especially on the roads of New Hampshire, where the scenic routes often encourage motorcyclists to enjoy the open road. Unfortunately, even the most careful rider can find themselves involved in an accident due to the actions of another driver, road conditions, or other unforeseen circumstances. In the chaotic moments following a motorcycle accident, it is crucial to remain as calm as possible and take specific steps to protect yourself physically, legally, and financially.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
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John J. Tenn
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Ensure Safety and Seek Medical Attention
The first and most important step after any motorcycle accident is to ensure the safety of everyone involved. If you are able, move yourself and your motorcycle out of the roadway to prevent further collisions or injuries. It is vital to assess your own physical condition, as well as the condition of any passengers or other parties involved in the accident. Motorcycle accidents often result in significant injuries due to the exposed nature of the rider, so even if you feel fine initially, it is possible that you have sustained injuries that are not immediately apparent.
Once you are in a safe location, seek medical attention as soon as possible. If you are seriously injured, call 911 or ask someone nearby to do so. Even if your injuries seem minor, it is still advisable to get checked by a medical professional. Some injuries, such as concussions or internal bleeding, may not show symptoms right away but can have serious consequences if left untreated. Additionally, having a medical record of your injuries can be crucial if you decide to pursue legal action or an insurance claim later on.
Contact the Authorities
After ensuring that everyone is safe and has received the necessary medical attention, the next step is to contact the authorities. In New Hampshire, it is required by law to report any accident that results in injury, death, or property damage exceeding $1,000. Calling the police to the scene of the accident is important not only to comply with legal requirements but also to create an official record of the incident. This police report can be a critical piece of evidence if you need to prove the circumstances of the accident later on.
When the police arrive, provide them with accurate and honest information about what happened. Avoid admitting fault or speculating about the cause of the accident. The police will gather information from all parties involved, as well as any witnesses, to create a comprehensive report. Make sure to get the name and badge number of the responding officer and ask how you can obtain a copy of the police report once it is filed.
Gather Evidence at the Scene
While waiting for the authorities to arrive, and if you are physically able, it is important to gather as much evidence as possible at the scene of the accident. This evidence can be invaluable in supporting your case if you need to file an insurance claim or pursue legal action. Start by taking photographs of the accident scene, including the positions of the vehicles, any damage to your motorcycle, skid marks on the road, and any other relevant details. If there are any road hazards or environmental factors that may have contributed to the accident, be sure to document these as well.
In addition to photographs, collect the contact information of any witnesses who saw the accident happen. Witness statements can provide crucial support for your version of events, especially if there is a dispute about who was at fault. You should also exchange information with the other driver involved in the accident, including names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance information. This information will be necessary when filing a claim with your insurance company.
Avoid Making Statements to Insurance Companies
After a motorcycle accident, you may be contacted by insurance companies representing the other parties involved. It is important to be cautious when speaking with them. While it is necessary to report the accident to your own insurance company, you should avoid making any detailed statements or accepting fault when speaking to the insurance companies of the other parties. Insurance adjusters may try to use your statements to minimize the payout or shift the blame onto you.
Instead, provide only basic information about the accident, such as the time, date, and location, and inform them that you are seeking medical treatment for your injuries. It is often a good idea to consult with an attorney before speaking with insurance companies, as they can guide you on what to say and what to avoid.
Seek Legal Advice from a Qualified Attorney
Navigating the aftermath of a motorcycle accident can be complex and overwhelming, especially if you are dealing with injuries, medical bills, and potential legal issues. It is highly advisable to seek legal advice from a qualified attorney who is experienced in handling motorcycle accident cases. An attorney can help you understand your rights, guide you through the legal process, and represent your best interests when dealing with insurance companies or in court.
An attorney can assist you in several ways. They can help gather and preserve evidence, negotiate with insurance companies, and determine the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage. They can also help you file a personal injury lawsuit if necessary and represent you in court to seek the compensation you deserve.
File an Insurance Claim
Once you have gathered the necessary information and sought medical and legal advice, the next step is to file an insurance claim. This process can vary depending on the type of insurance coverage you have and the specific circumstances of the accident. In New Hampshire, motorcycle insurance is mandatory, and the minimum coverage requirements include liability coverage for bodily injury and property damage. However, depending on your policy, you may also have coverage for medical payments, uninsured/underinsured motorist coverage, and collision coverage.
When filing an insurance claim, it is important to provide all necessary documentation, including the police report, medical records, photographs of the accident scene, and any other evidence you have collected. Your attorney can assist you in preparing and submitting your claim to ensure that it accurately reflects the extent of your damages and that you receive fair compensation.
It is important to be aware that insurance companies may try to settle your claim quickly for an amount that is less than what you are entitled to. Before accepting any settlement offer, it is advisable to have your attorney review it to ensure that it covers all of your expenses and losses. Once a settlement is accepted, you may be required to sign a release of liability, which means you cannot pursue further compensation related to the accident.
Take Care of Yourself Physically and Emotionally
In the days and weeks following a motorcycle accident, it is important to take care of yourself both physically and emotionally. Motorcycle accidents can be traumatic, and it is common for riders to experience a range of emotions, including shock, anger, anxiety, and even depression. It is important to seek support from friends, family, or a mental health professional if you are struggling with the emotional aftermath of the accident.
Physically, follow your doctor’s advice and attend all follow-up appointments to ensure that your injuries are healing properly. Keep records of all medical treatments, medications, and any other related expenses, as these will be important if you need to pursue compensation for your injuries.
If your injuries prevent you from returning to work or participating in activities you enjoy, it may be necessary to make temporary or permanent adjustments to your lifestyle. This can be challenging, but it is important to focus on your recovery and seek help when needed. Your attorney can also help you seek compensation for any loss of income or diminished quality of life resulting from the accident.
Stay Informed About Your Legal Rights
As you navigate the aftermath of a motorcycle accident, it is important to stay informed about your legal rights and the options available to you. Motorcycle accident laws can vary by state, and New Hampshire has its own specific regulations regarding fault, insurance requirements, and personal injury claims. An experienced attorney can help you understand how these laws apply to your situation and what steps you need to take to protect your rights.
In New Hampshire, the “fault” system is used to determine liability in motor vehicle accidents. This means that the person who is found to be at fault for the accident is responsible for paying damages to the other parties involved. However, New Hampshire also follows the rule of “comparative negligence,” which means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you are found to be 20 percent at fault for the accident, your compensation may be reduced by 20 percent.
Understanding these legal nuances is important when pursuing a claim, and an attorney can help ensure that you receive the maximum compensation you are entitled to, even if you are found to be partially at fault.
A motorcycle accident can have life-altering consequences, and the steps you take immediately afterward can significantly impact your physical recovery and legal outcome. Ensuring safety, seeking medical attention, gathering evidence, contacting the authorities, and seeking legal advice are all critical steps in the aftermath of an accident. Additionally, it is important to avoid making statements to insurance companies without consulting an attorney, to file an insurance claim with all necessary documentation, and to take care of yourself both physically and emotionally.
If you or a loved one has been involved in a motorcycle accident in New Hampshire, it is crucial to seek the guidance of an experienced legal team to help you navigate the complexities of the legal process and ensure that your rights are protected. Tenn And Tenn, PA is here to provide the legal support you need during this challenging time. Our team of skilled attorneys is dedicated to helping motorcycle accident victims seek the compensation they deserve. Contact Tenn And Tenn, PA today to schedule a consultation and learn how we can assist you in your recovery.