What to Do After a Motorcycle Accident in San Diego

By Eugene Bruno on February 5, 2025

Knowing the right steps after a motorcycle accident can significantly protect your health, legal rights, and financial future. But what exactly should you prioritize, document, and avoid in the aftermath of a crash?

Ensure Your Safety and Health First

The moments after a motorcycle accident are chaotic, but your immediate focus should always be safety. Ensuring your well-being and that of others involved is paramount before dealing with the legal and logistical aspects of the incident.

Check for Injuries and Move to Safety

After the impact, assess your physical condition. Are you seriously hurt? Do you need immediate medical assistance? Take a moment to check for injuries on yourself and others involved.

Common injuries in a motorcycle accident include:

• Fractures: Motorcyclists are particularly vulnerable to broken bones, especially in the arms, legs, and ribs. These injuries often result from the rider being thrown off the bike or trapped under it during a crash.
• Road rash: When a rider’s skin scrapes against the pavement, it can cause road rash, which ranges from mild abrasions to severe skin damage requiring medical treatment. Proper protective gear can help minimize this injury.
• Head and brain injuries: Traumatic brain injuries (TBIs) and concussions are common in motorcycle accidents, even when wearing a helmet. These injuries can result from direct impact or violent shaking during a crash.
• Spinal cord injuries: The force of a motorcycle accident can lead to serious damage to the spinal cord, causing paralysis or long-term mobility issues. These injuries often require extensive medical care and rehabilitation.

If you can, move to a safe location, such as the shoulder of the road or away from oncoming traffic. However, if your injuries are severe, do not risk moving and wait for emergency responders to arrive. Staying in place can prevent worsening your condition.

Call 911 and Seek Medical Attention

Even if injuries seem minor, calling 911 is a non-negotiable step. Emergency services can assess the accident scene, provide medical assistance, and ensure everyone’s safety. Additionally, obtaining a professional medical evaluation is crucial, as injuries like concussions or internal damage may not be immediately apparent. This step protects your health and creates a medical record supporting future legal claims.

Document the Scene of the Accident

Accurate documentation is a cornerstone of any successful insurance claim or legal proceeding after a motorbike accident. Gathering comprehensive evidence at the scene can protect your rights and establish what truly occurred.

Take Photos and Videos of the Scene

When documenting a motorcycle crash, your smartphone is invaluable for capturing accident details. Photographing the scene can preserve evidence and protect your right to compensation if you are involved in a motorcycle accident.

Examples of important evidence include:

• The accident scene overall: Capture wide-angle shots to show the general layout of the accident, including the positions of vehicles, the road, and any surrounding structures. Include landmarks to establish the location and context of the crash.
• Vehicle damage: Photograph all visible damage to your motorcycle and any other vehicles involved. Take close-ups of specific damages (e.g., dents, scratches, or broken parts) and wide shots to show the overall condition.
• Road conditions: Document road conditions, such as potholes, uneven surfaces, or loose gravel, which may have contributed to the accident. Include any skid marks, oil spills, or debris on the road.
• Traffic signals and signs: Take pictures of traffic lights, stop signs, or yield signs near the accident. Ensure you capture their visibility and condition, as they may be relevant to determining fault.
• Weather and lighting: Record the weather conditions, including rain, fog, or ice, that could have affected driving. Photograph the lighting conditions, such as streetlights or daylight, at the time of the accident.

Collect Witness Information

Eyewitnesses can offer crucial insights into the events leading up to the accident. Politely ask for the names and contact information of anyone who saw what happened. Their testimony can bolster your case and help clarify fault if the other party challenges your version of events.

Exchange Information with Other Parties

Exchange names, phone numbers, addresses, insurance details, and vehicle information with drivers involved in the accident. This step is essential for filing insurance claims and ensuring the other party can be held accountable. However, keep interactions brief and stick to factual exchanges without discussing fault or making unnecessary comments.

What Not to Do After a Motorcycle Accident

Knowing what not to do is as important as following the proper steps after a motorcycle crash. Avoiding these common mistakes can protect your rights and improve the outcome when filing a motorcycle accident claim.

Don’t Apologize or Admit Fault

While it’s natural to want to apologize after an accident, doing so can be misinterpreted as admitting fault. Stick to stating the facts when speaking with the other party, police, or insurance adjusters. Determining fault may require a thorough investigation and should not be assumed at the scene.

Don’t Discuss Details with Insurance Adjusters

Insurance adjusters may attempt to use your statements to reduce or deny your claim. When speaking with them, limit your discussion to the basic facts of the accident and avoid discussing fault or the extent of your injuries until you’ve consulted with an attorney.

Following Up on Medical Treatment and Documentation

Your medical treatment doesn’t end at the accident scene. Comprehensive care and meticulous documentation are vital for your recovery and for pursuing fair compensation for your injuries.

Attend All Medical Appointments

Following through with medical appointments demonstrates the seriousness of your injuries and helps track your recovery progress. Adhering to your doctor’s recommendations, including physical therapy or specialist consultations, also prevents the opposing party from arguing that you failed to mitigate damages.

Keep Records of Medical Bills and Lost Wages

Medical records are crucial in a motorcycle accident claim because they substantiate your injuries and help establish the compensation you are entitled to. Essential types of medical records to preserve include:

• Emergency room and hospital records: These include records from the initial care you received, such as admission notes, treatment provided, and discharge summaries. They establish immediate injuries and treatment, creating a foundation for your claim by linking the accident to your injuries.
• Diagnostic test results: Includes imaging scans (X-rays, MRIs, CT scans), lab results, and other tests used to evaluate your condition. Objective evidence from these tests substantiates claims of specific injuries like fractures, brain trauma, or spinal issues.
• Treatment and progress notes: Documentation from follow-up appointments, physical therapy, or specialists that track your recovery and ongoing medical needs. These records demonstrate the long-term effects of the accident, showing whether your injuries are improving, worsening, or resulting in permanent disability.
• Prescription records: A record of medications prescribed, including pain management, anti-inflammatory drugs, or any other treatments. These records show the extent of pain and suffering and the cost and necessity of ongoing medical care.
• Rehabilitation and therapy records: Includes physical, occupational, or psychological counseling records. Demonstrates efforts toward recovery and highlights any ongoing physical or emotional challenges caused by the accident.

Seek Legal Advice from a Motorcycle Accident Lawyer

Motorcycle accidents often lead to complex legal disputes, especially when injuries are severe or when parties disagree about fault. Finding a way through this process without professional guidance can risk your rights and potential compensation.

When to Contact an Attorney

You should contact a motorcycle accident lawyer as soon as possible if you’ve sustained significant injuries, disputed liability, or if insurance companies are uncooperative. An attorney can evaluate the details of your case, ensure that evidence is preserved, and provide professional advice tailored to your situation. Importantly, a lawyer can help with contacting insurance after a crash.

How an Attorney Can Help You

A skilled motorcycle accident lawyer can be an invaluable ally during this challenging time. They can gather evidence, negotiate with insurance companies, and advocate for the compensation you deserve. Your attorney will work tirelessly to maximize your recovery from medical expenses and lost wages to pain and suffering.

Contact Eugene Bruno & Associates Law Firm for Motorcycle Accident Legal Advice

If you or someone you love has been injured in a motorcycle accident, don’t wait to seek help. Protect your rights and start your journey to recovery with experienced legal guidance from an experienced San Diego motorcycle accident attorney.

Eugene Bruno & Associates has over 40 years of combined experience, a 99.7% success rate, and a record of having recovered tens of millions for our clients. We’re committed to delivering outstanding results.

Our law firm has been recognized by Expertise.com as one of the Best Personal Injury Lawyers in San Diego, and we’ve earned a place in The National Trial Lawyers Top 100 and maintain a BBB Accredited Business rating of A. Call Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation.