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I’ve been in a motorcycle accident, what should I do at the scene?
Contact the police so a report can be taken.
If no one is injured, often the police won’t come. If that happens, make sure to get the name, address, telephone number, and insurance company of the person, or persons, involved in the accident. All parties involved are required by law to exchange this information, regardless of who is at fault. If anyone refuses, call the police!
Also, if you are able take pictures of the damage to all vehicles involved, as well as pictures of the accident scene, in particular skid marks or debris on the road.
If you choose to retain an attorney the attorney may hire an Accident Reconstruction Expert to determine who was at fault for the collision. If the fault for the accident is later disputed, pictures of the scene, debris, and skid marks may prove invaluable.
Also know that if a traffic collision report of the collision is taken and it determines you to be at fault but you feel you were not, you may still have a claim. Sometimes collision reports contain errors, and unfortunately for motorcyclists, there’s a general pre-existing bias that they are unsafe drivers.
The traffic collision report, and the reporting police officer (unless that person actually witnessed the accident), isn't always the end all be all when determining who’s at fault.
The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys who are expert in motorcycle rules and regulations.
If you have been injured in a motorcycle accident not your fault, call us anytime for free, friendly advice. Sacramento 916.921.6400. Or contact us online.