What to do in the first 48 hours after a motorcycle accident.
Riders face a problem regular drivers don't: bias. Adjusters assume you were speeding. Juries sometimes assume you were reckless. The case has to be built from day one to overcome that.
Don't let the tow yard release or repair the bike.
The damage pattern on the motorcycle is some of the strongest evidence we have on liability and impact severity. Once it's repaired or scrapped, it's gone. Tell whoever has the bike to hold it until your attorney inspects it.
At the scene
The first 60 minutes.
- 01
Call 911. Stay where you are if you can't move safely.
Motorcycle crashes generate more catastrophic injuries than car crashes for the same impact. Don't try to walk it off. Wait for EMS.
- 02
Preserve the bike if you can
If the tow operator asks where to take it, ask them to take it to your home, a storage facility, or the police impound. Somewhere it stays untouched. Get a receipt with the location.
- 03
Photograph everything visible
Position of the bike, position of the other vehicle, debris fields, skid marks (yours and theirs), road conditions, traffic signs and signals, and the surrounding intersection.
- 04
Get the other driver's full information
Insurance, driver's license, plate, phone. Note whether the driver said anything at the scene, especially 'I didn't see him.' That phrase, on its own, is evidence.
- 05
Don't apologize. Don't speculate.
Anything you say at the scene gets used. Stick to facts.
First 24 hours
What happens after you leave.
- 01
Go to the ER, then follow up with a doctor
Soft tissue, road rash, head injuries, and fractures often present differently in motorcycle crashes than in car crashes. Get a thorough evaluation, document everything.
- 02
Save your gear
Helmet (especially if there's any visible damage), jacket, gloves, boots, riding pants. Damage to gear corroborates impact severity. Don't throw anything out.
- 03
Decline a recorded statement to the other driver's insurer
They'll call asking how you're feeling. Don't give a statement. The questions are designed to lock you into a description before you understand your injuries.
- 04
Document in writing what you remember
Speed, lane position, headlight on/off, what you saw before impact, what the other driver did. Memory degrades. Your own contemporaneous notes are evidence.
First week
Build the case for the bias.
- 01
Get the police report and check it carefully
Officers sometimes default to assuming the rider was at fault. Look for factual errors and request amendments where the report is wrong.
- 02
Document riding history and training
MSF certification, years riding, any safety courses. This becomes part of the file rebutting the 'reckless rider' narrative.
- 03
Don't accept early offers
Motorcycle injuries develop over weeks. Surgery, physical therapy, and long-term function aren't clear in the first week. Settling early leaves serious money on the table.
- 04
Talk to an attorney before signing anything
Insurance authorizations, medical releases, even property-damage settlements that include broader release language. Read everything before you sign.
Five things never to do.
- · Let the bike be repaired or scrapped before an attorney's reconstructionist has documented it.
- · Give a recorded statement to the at-fault driver's insurer.
- · Accept the first offer. Motorcycle settlements are routinely undervalued at the start.
- · Post about the crash on social media. Photos of you riding again are exhibit material.
- · Skip follow-up appointments. Treatment gaps are exploited.
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