Aside from injuries and damages, a rider involved in a Utah motorcycle accident also faces legal issues. Typically, the rider will be moved immediately from the accident scene to a medical facility, leaving the evidence-gathering process in the hands of people who may not be as diligent as his attorney. After receiving medical attention, he will be required to complete insurance formalities and perhaps file a lawsuit claiming damages.
The evidence can get diluted while the rider is receiving medical attention, and his insurance company would rather pay him a small amount to keep the case from going to court. Plus, any rider involved in such an accident would be so overwhelmed by information and procedures that he is likely to sign on whatever dotted lines that are thrown at him.
Among the first things to do if you are ever involved in a motorcycle accident is to report the accident to the law enforcement agency and call your Utah lawyer to oversee the evidence-gathering process and handle the legal processes, including insurance formalities.
The Utah motorcycle accident lawyers at White and Garner have put together this guidebook to make you a more informed consumer. Note that this guide assumes that your motorcycle license fulfills the Utah state government’s criteria.
Here is a list of important things to do, or know:
A. Things To Do In The Immediate Aftermath Of A Motorcycle Accident
Call the law enforcement agency and the lawyers at White and Garner even if the accident is minor. The police will write out an accident report that contains details of place, date, time, damages, injuries, statements of witnesses and riders/drivers, citations, etc. The accident report helps us establish the case.
If your Utah lawyer cannot make it to the accident site in time, he will rely on the accident report. In such a case, if possible, use your cell phone to take photographs of your injuries, the vehicles involved in the accident, including your motorcycle, the condition of the road, and the area that surrounds the accident site.
Talk to witnesses and get their names and phone number so that your lawyer can gather more information from them.
B. Helmet Laws
Utah’s bike laws require riders under the age of 21 to wear a helmet that is manufactured as per federal standards. However, the insurance company cannot deny your claim even if you were not wearing one.
C. Dealing With Social Media
Do not post accident-related pictures or information on social media. It can work against you in the courts. Know that every insurance company hires social media-savvy folks to keep tabs on what accident victims are talking about, and even innocent language can get twisted and used against you.
D. Maintain Records
Ensure that you keep records that can help you prove damage or injuries, or guard against false claims. Apart from the photographs related to the accident, keep your medical records and bills, correspondence with your insurance company, accident-related mails from your employer, and perhaps even witness audio/video files you may have recorded, safe. Just about anything that helps your case should be stored safely.
E. Utah’s Statute Of Limitations
Utah’s laws allow you to file a claim within 4 years from the date of the accident. No extensions are granted.
F. Is It Mandatory To Buy A Personal Injury Protection (PIP)?
Though liability insurance is compulsory for motorcycles, buying a PIP is not. Many riders choose to buy one anyway.
G. How Utah Motorcycle Accident Lawyers Approach The Case
The first thing your attorney will do is determine whether you have an injury case by checking the role of the other driver or drivers involved in the accident. Was the other driver obligated by Utah’s motorcycle laws to give you the right of way, but didn’t? Did he breach any other law? Do you have a valid case for claiming medical expenses and other damages? Your lawyer at White and Garner will flesh out the details and determine the medical bills and damages that you are entitled to.
To claim medical expenses and damages to your motorcycle, we will either file a claim with your insurance company (first-party) or with the other rider’s/driver’s insurance company (third-party). Because your insurance company has a contract with you, it is bound to honor your claim as per the contract. However, your claim may be denied by the third-party because you don’t have a contract with it, which is why hiring an experienced lawyer makes sense.
Your lawyer can help determine economic and non-economic damages depending on the extent and seriousness of injuries, physical and mental suffering, impact on normal life, and any disability or disfigurement suffered.
No-Cost, No-Obligation Consultation Offer
If after being involved in a motorcycle accident you don’t take legal help from a professional to present your case, you might end up receiving a much smaller compensation than what is rightfully due to you.
You need an experienced and skilled Utah motorcycle accident lawyer to help you gather evidence as well as to evaluate your case, tackle the legal processes, negotiate with third parties, and help max out the compensation you deserve for your pain, property damage, and suffering.
Don’t think too much about it. Just call us for a no-cost consultation, and then let’s take things from there.