After a California motorcycle accident, prioritize appropriate medical care, preserve evidence and avoid making decisions before you understand the facts. A damaged motorcycle, a roadside conversation or an insurer’s opinion may tell only part of the story. In this video, attorney and longtime rider Norman Gregory Fernandez discusses mistakes that can complicate a motorcycle injury claim.
Preserve more than photographs of the motorcycle
If you can do so safely, keep photographs of the vehicles, roadway, lane markings, debris, sight lines and traffic controls. Obtain witness contact information and the incident report number. Ask someone you trust to help when your injuries prevent you from documenting the scene. Safety and medical needs come first.
Keep original photographs and video files. Save the helmet, jacket, gloves, boots and other riding gear without repairing or discarding them. Tell your attorney where the motorcycle is stored before authorizing disposal or repairs that could alter important evidence.
Do not assume the first account resolves fault
Motorcycle collisions can involve disputes about visibility, speed, lane position and evasive action. A police report may not include every witness or recording. Give your attorney an accurate account, including facts that concern you. Distinguish what you saw from what you inferred afterward.
An insurer’s allegation that a rider caused the accident deserves careful review against the evidence. Preserve dashcam footage, nearby camera information and messages while they remain available. Avoid guessing about distances or speeds you cannot reliably estimate.
Give a truthful medical history
Obtain appropriate care and describe symptoms honestly, including when they began and any earlier conditions. Do not minimize symptoms to appear tough or exaggerate them to support a claim. Keep treatment instructions, bills and work restrictions. If access or transportation problems interrupt care, explain the circumstances accurately to your providers and attorney.
Understand insurance requests before responding
Find out who is asking for a statement and which policy is involved. Your own insurer may have cooperation requirements that differ from a request by the other driver’s insurer. Ask your attorney about those obligations before giving a recorded statement or signing a broad authorization. Never provide false information or speculate to fill a gap in memory.
Evaluate a settlement before signing a release
Evaluate an offer in light of the evidence, recovery outlook, available coverage, case expenses and reimbursement claims. A release can affect your ability to seek additional compensation. Ask what it covers and what your estimated net recovery would be. No video can determine the value of a particular motorcycle claim.
Get help after a California motorcycle accident
Attorney Norman Gregory Fernandez represents injured people throughout California. Call 800-816-1529 for a free consultation.
This article supplements the video with general information. It is not a transcript or advice for a specific case. Viewing it does not create an attorney-client relationship.
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The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. Call 800-816-1529 extension 1, click the chat button on the left, or click here to submit your case.
About Attorney Norman Gregory Fernandez
