In past articles, we have discussed the important issues that you should be aware of if you are unfortunate enough to be involved in a crash. Here’s a quick check list.
Seek Medical Treatment
The most important thing is the health of the involved parties. Make sure medical personnel are summoned to the scene or seek treatment as soon as practical if there is even a remote chance that you sustained injuries. Some injuries are not obvious and a precautionary examination may be advisable.
Call the Police
Summon the police to document the events and party and witness statements. They may refuse to respond if no injuries are evident. In either case, make sure you get all license, vehicle and insurance information from the other party.
Remain Calm
The events of the accident cannot be reversed. There is no point in arguing with the offending driver or the responding police officers. In fact, when the fault issue is unclear, arguing may taint the police analysis in favor the other party.
Get Detailed Witness Information
Even if the other driver concedes fault, he may tell a different story later. Make sure you obtain the identifying information of all favorable witnesses no matter how clear-cut the accident seems to be.
Take Photographs
If it is at all practical and safe to do so, take photographs of the scene or enlist a friend to assist you. Take photographs of the damage to your motorcycle and damaged gear not only to document the actual damage, but the photographs may provide evidence of how the accident occurred. Photographs of the injuries are also extremely helpful when it comes time to resolve the case.
Watch Whom You Speak To
You should give your version of the accident to police only if you can think clearly. If not, just give a general summary and ask that you be contacted later. If you are under the influence of medication or in pain, you may not be able to recall all of the details and may give inaccurate information. You should report the accident to your own insurance company. However, if you are planning on retaining a lawyer, do not speak with the other party’s insurance company without your lawyer’s permission, other than to provide identifying information.
Get Your Motorcycle Out of Storage
If you have collision insurance, your own insurance company should arrange for the motorcycle to be inspected and retrieved. If not, and your bike is left at an impound or tow yard, you may be charged exorbitant storage fees. Enlist the aid of friends to remove it as soon as practical. Once the storage charges get too high, the bike may be sold at a lien sale. Check local laws for maximum permissible storage charges.
Reporting Requirements
Most states have reporting requirements after an accident in which someone is injured and/or the vehicle damage exceeds a certain amount. If it’s a hit and run accident, report it to the police immediately. Check the local laws for reporting requirements. Failure to comply could result in penalties.
Damaged Gear
Resist the temptation to throw out your damaged gear. You may be able to recover for its value and it also may be evidence of how the accident happened.
Medical and Missed Work Documentation
If you intend to assert a personal injury claim, you will need to document your injuries and treatment. Although home remedies sometimes work, it will be difficult to prove your claim. Similarly, if you are making a lost income claim you will need documentation. If your doctor orders you off work, ask him or her to include that instruction in your medical records and/or provide you with a disability slip.
State and Federal Disability; Workers’ Compensation
If you are unfortunate enough to be seriously injured, you should check all your options through the County, State and Federal agencies. If you do not have health insurance, some states and counties provide for charity aid. If the accident happened while you were on the job or on your work premises, discuss your options with a Workers’ Compensation lawyer.
Legal Representation
In any type of case, motorcycle crashes or otherwise, if you decide to retain a lawyer, choose one that practices in the appropriate field. Resist the temptation to choose a lawyer simply because he or she is a friend or neighbor. If you choose someone who dabbles in different fields, you may end up with a compromised settlement.
Cooperate With Your Lawyer
Once you are medically stable and back to work, discuss the general objectives of your claim with your lawyer, so your expectations are realistic. If there is something you don’t understand or are not pleased with, don’t let it fester. Discuss it with your lawyer as soon as practical. It is important that you and your lawyer are on the same page. Otherwise, settlement negotiations may be thwarted or stalled. Cooperation is equally as important, especially after a lawsuit is filed, because you and your lawyer will have to meet certain statutory deadlines and requirements. If you don’t cooperate, you’re not only sabotaging your case, but you’re sending the message to your lawyer and the other side that the case is not that all that important to you.
Harold T. was hit by a State vehicle, while working as a motorcycle escort for a funeral. The State employee cut through an opening in the funeral procession as he was riding alongside in order to get to his next traffic control post. Harold broke his knee and foot and tore his rotator cuff in the accident. He later developed excruciating pain in his legs. His orthopedist suspected CRPS, which is a peripheral nerve disorder that usually occurs after a traumatic event. We retained a CRPS specialist who, after much testing, confirmed the diagnosis and placed him in a multi-disciplinary pain management program, which helped him tolerate the chronic, stubborn pain. The insurance defense doctor said Harold did not have CPRS and, essentially, that he was faking, and required neither treatment nor medication. The first offer by the State was $100,000. We settled the case at a second mediation, shortly before trial, for $2,500,000.
Andre M. was badly injured by a motorist who failed to yield while making a left turn. He spent the next 11 months in and out of surgeries and confined to a wheelchair. Andre was immobilized, unable to provide for himself or his family, all while his expenses and staggering medical bills grew exponentially. The Defense tried every trick they could to tarnish the viability of Andre’s claim. They even called Andre’s mother to try and have her convince Andre to accept their low ball offers. The Defense alleged that his injuries were exaggerated due to pre-existing medical conditions, that he was drunk or high at the time of the accident, and that he was travelling at an excessive speed. None of these allegations had merit, nor were they supported by the evidence. All the defense arguments failed at mediation and the case settled for $2.25 million.
Janusz Z. was broadsided by a construction truck that failed to yield after stopping at a stop sign. Janusz did not have a stop sign and had the right of way. Hit full-on by a large truck, Janusz sustained severe crush injuries to his feet and ankles, a fractured hip, knee, ribs, and a liver laceration. He was in the hospital for 33 days. The severity of his injuries left Janusz permanently disabled–unable to return to work, provide for his family or live the very physical life he had enjoyed before the accident. An insurance company investigator visited Janusz in the Emergency Room to get a statement while he was heavily medicated, shortly after the accident. From the outset, the insurance company took the incredible stance that the accident was Janusz’ fault, and that he was grossly exaggerating his injuries. They denied all liability. They hired a private investigator right after the accident, before he even retained legal counsel, who followed and videoed Janusz for a total of 300 days, in an attempt to prove he was not truly injured. We fought tooth and nail to force a timely and fair settlement but ultimately had no choice but to go to trial. In the courtroom Defense counsel painted Janusz as a faker and malingerer but we presented the jury with the best expert witnesses, accident reconstructionist and skilled trial attorneys. Four years after the accident, the jury returned a verdict of $19,466,000 for Janusz.
Lauren B. was the passenger on a motorcycle when a piece of equipment that was not properly secured, fell off of the vehicle driving in front of them. The motorcycle swerved to avoid being struck and passenger Lauren B. was ejected in the subsequent crash. She sustained a fractured ankle and later developed Complex Regional Pain Syndrome (CRPS) in the lower part of her leg. CRPS is a serious medical condition caused by severe damage to the nerves, an injury that we are very familiar with but that insurance companies often refuse to acknowledge. The pain from CRPS is intense and chronic but not easy to prove. The insurance company refused the claim outright and the adjuster would not even pay for the damage to the motorcycle. We filed suit early on to protect Lauren’s interests and upon further investigation found that the vehicle had a known defect. Despite receiving recall notices to fix the problem, repairs were never made even though they were very inexpensive. This discovery along with the extensive damage to Lauren’s health and well-being after the accident resulted in a settlement of $3.5 million.
Mario C. was riding his motorcycle in the middle of 3 lanes of a surface street when a car pulled out of a gas station on his right and continued into his lane in front of him without signaling. Mario braked, locked up and went down with his bike landing on his leg. He sustained a broken knee and required surgery. The insurance company adjuster accepted, then denied, liability and did not accept that the degree of damage to Mario’s knee was that extensive. The final insurance offer was $137,000. We advised Mario not to settle for that amount and took the case to trial. The jury returned a verdict of $1.2 million. We also collected costs of more than $64,000 and more than $50,000 in additional interest.
James C. was riding his motorcycle on a surface street in the left lane when a pickup truck pulled out of a side street on his right and crossed into his lane, side swiping him and pushing him into oncoming lanes where he crashed at the curb. He suffered multiple orthopedic injuries from which he ultimately recovered, but he also suffered a head injury that continued to be problematic, affecting his daily life in subtle ways. The insurance company disputed the nature and extent of the head injury. The original offer was for $300,000, for the orthopedic injuries. We advised James to reject the offer and retained a neuropsychologist who conducted two days of testing on James. The results confirmed that James had suffered a traumatic brain injury. We also took the depositions of a close co-worker and James’ wife, who testified convincingly about the changes in James’ personality. The insurance company case settled shortly thereafter for the $1,000,000 policy limits.
Debra H. was riding her motorcycle on HWY 395 when a motorist, distracted by scenery, rear ended her. Debra and her bike were pushed approximately 30 feet before the bike flipped onto its side, then slid an additional 120 feet along the roadway before finally coming to a stop at the shoulder. After interviewing the parties and two witnesses as well as examining the physical evidence–the police officer on the scene concluded that the other motorist was solely at fault. Nevertheless, the insurance company challenged Debra’s extensive injuries. We refused to back down and fought for the value of Debra’s case. In the end, the insurance company agreed to tender the full $1 million policy limits.
Roberto R. had an accident with a lit-up California Highway Patrol officer. He initially signed with a competitor, who mishandled his Motorcycle Accident Injury Case. They did not file the government claim form correctly, then decided he had no case to pursue, telling Roberto the circumstances were “too complicated” and there was “no value” to his case. This injured rider was a club member and had stopped treating for his injuries for several reasons. He was left hanging with not a lot of time. Luckily, he came to us for a second opinion. It was immediately apparent that the facts had not been properly assessed and the other firm was discouraged at the challenge of proving the law enforcement officer was at fault. Upon our investigation, the officer’s own department agreed he was responsible for the accident. We were able to secure our client the proper medical treatment so he was able to fully recover physically. If he not called us and just listened to what our competition said he would have been out a $275,000 settlement and been permanently injured.
Lauren B. was the passenger on a motorcycle when a piece of equipment that was not properly secured, fell off of the vehicle driving in front of them. The motorcycle swerved to avoid being struck and passenger Lauren B. was ejected in the subsequent crash. She sustained a fractured ankle and later developed Complex Regional Pain Syndrome (CRPS) in the lower part of her leg. CRPS is a serious medical condition caused by severe damage to the nerves, an injury that we are very familiar with but that insurance companies often refuse to acknowledge. The pain from CRPS is intense and chronic but not easy to prove. The insurance company refused the claim outright and the adjuster would not even pay for the damage to the motorcycle. We filed suit early on to protect Lauren’s interests and upon further investigation found that the vehicle had a known defect. Despite receiving recall notices to fix the problem, repairs were never made even though they were very inexpensive. This discovery along with the extensive damage to Lauren’s health and well-being after the accident resulted in a settlement of $3.5 million.
Pavlin Z. was riding a 50 cc Honda scooter along the curb in San Francisco and suffered a tibial plateau knee fracture when an SUV in the number one lane changed lanes and cut him off. There was no contact between the scooter and the SUV; Pavlin hit the curb trying to avoid being hit by the SUV. The investigating officer faulted the scooter rider entirely. The SUV driver was named only as a witness in the Traffic Collision Report rather than as an involved party. Further, another witness on the Traffic Collision Report was unfavorable to Pavlin. The insurance company denied the claim outright and we filed suit immediately. In Discovery, we established that the witness did not have a clear view of the accident, and while the SUV passenger saw the scooter, the SUV driver did not. The “facts” of the case were effectively reversed with this new information and the case settled 11 days before trial for $1,400,000.