What to Say After a Motorcycle Accident

Attorney Claude Wyle | 888-981-0826 | Free Consult

From medical service providers to insurance agents to police, many people will be asking you questions if you are the victim of a motorcycle crash. Do you know what to say after a motorcycle accident?

Claude Wyle is a motorcycle injury attorney and partner at Choulos Choulos & Wyle based in San Francisco, CA. In this interview, he explains that you should keep your responses as brief and to-the-point as possible.

Contact Claude Wyle by calling 888-981-0826 or by submitting a contact form on this page. The consultation is free, and you don't owe any attorney fees out-of-pocket.

After a motorcycle accident, what is the first thing you should (and shouldn’t) do?

If possible, try to gather as much evidence as you can. If you’ve been seriously injured, you’ll probably be taken away in an ambulance, but if not, take photos and videos of the vehicles, the surrounding areas, and other drivers.

Call 911 so that police come out to the accident and file a report.

What should you say to the police?

Don’t feel forced into giving a statement. You might be shaken, or on painkillers, or somehow not in the right frame of mind to give a full account of the accident. You can always send them a statement later, or request that they come to your hospital room.

One common mistake people make when giving a statement to the officer: trying to appear balanced and even-handed when describing what happened. If the other driver ran a red light and hit you, just say that. No need to say that maybe you were speeding or otherwise partially responsible. This could sink a case. On the other hand, if you stick to your guns and maintain that the other driver messed up, this will work in your favor.

In one case attorney Wyle handled, a man hurt in a bike accident felt bad for the at-fault bus driver, and said “Don’t worry, it’s not your fault.” He lost the case.

In a separate motorcycle accident, the was consistent in her telling that the other driver cut her off. Her consistency helped win the case. Focus on being your own advocate. Tell the truth, be brief, and be succinct. If you don’t feel up to it, don’t say anything.

Does it matter what you tell the nurses and doctors at the hospital?

Yes. Be very careful what you say to doctors, nurses, EMS workers and ambulance personnel. Sometimes, they will ask you how to the collision happened in order for them to know how to treat your injuries. Tell them you were in a crash and where you feel pain. You don’t need to give the details about who said or did what.

Also, if someone comes up to you and says something like “I saw what happened, that driver cut you off!” get their contact information. This will be very helpful later.

What if the other driver’s insurance provider calls? Should you talk to them?

You don’t have to them a statement. They may act like you’re required to provide a statement, but that is not true. You don’t need to give them your side of the story. If an investigator comes to your hospital room and asks you to provide a statement, you do not need to give it at that time. You can work with a lawyer to make sure that you are providing statements that are consistent, truthful, and winning.

What should you say to your own insurance company?

Be careful what you say to them. If the at-fault driver is lacking insurance, you will need to file an uninsured or underinsured motorist claim. This means your insurance company will step into the shoes of the at-fault driver, creating an adversarial relationship. This means you should only give them what they require. When it’s your own insurance company, you are required to give them a statement. Give the bare minimum, no matter how friendly they may seem.

Does it matter if you pick an attorney who regularly takes cases to trial?

Motorcycle crashes can cause severe injuries. Chances are your case is worth more than the settlement the insurance company is offering. An attorney with trial experience involving motorcycle crashes can fight to get you the full amount that you deserve.

Contact Claude Wyle by calling 888-981-0826 or by submitting a contact form on this page. The consultation is free, and you don't owe any attorney fees out-of-pocket.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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