After a rear-end motorcycle accident in San Bernardino, call 911. Help anyone injured receive medical attention. Document the accident, determine liability, and pursue compensation.
LA Century Law explains steps to take when a motorcycle is rear ended.
First Steps To Take After a Rear-End Motorcycle Accident
Secure the scene
When a rear-end motorcycle accident first occurs, there may be a danger of additional harm. It may be necessary to move away from traffic and fire hazards.
Call 911
When a motorcycle rear-end collision occurs, there is a high likelihood that the motorcyclist will be injured. Injuries may be more serious than the person realizes. They may be internal and severe despite the person appearing okay.
Always call 911 if there is any possibility that someone may be hurt. In the stress of a motorcycle rear end collision, calling 911 can be overlooked. Call emergency responders or make sure that someone makes the call to summon help to the scene.
Perform first aid
Emergency operators can instruct you on what to do until help arrives. Always prioritize medical care over other tasks after a rear end motorcycle accident in San Bernardino.
When responders arrive, they can provide medical attention. Law enforcement can begin to document the accident scene. You can then do other things that may help the case, such as taking photographs and gathering witness information. However, for yourself and anyone else involved, prioritize immediate medical care above any other tasks.
Next Steps
After emergency responders have arrived and people who are injured are receiving medical care, you can proceed to next steps. Take photos of the positions of vehicles, even if they have been moved from their stopping point after the collision. Take pictures of vehicle damage and the greater accident scene. Gather names and contact information of those involved and any witnesses. Note vehicle and insurance information.
Contact a lawyer as soon as possible. A lawyer can work to preserve evidence and advise you on the next steps to pursue your case and claim compensation.
Who Is at Fault in a Rear-End Motorcycle Collision?
Usually, the vehicle in the back is at fault for a rear-end motorcycle collision. A vehicle must leave sufficient following distance for vehicles ahead of it. This is also true when the vehicle ahead is a motorcyclist. Even if a motorcycle can stop faster than a passenger car, a trailing vehicle must be prepared and leave sufficient room to stop.
Tailgating, or following too closely, is often cited as the fault for a rear-end motorcycle accident.
However, there are some situations where the vehicle in the back isn’t at fault. If the driver in front executes an improper lane change, they may be at fault. There may be a situation where a vehicle was rear-ended and then pushed ahead to strike the motorcycle. In addition, a driver who intentionally backs up after vehicles are stopped may be to blame.
Common Injuries in Rear-End Motorcycle Accidents
- Concussion, skull fracture, brain trauma, head injury
- Spinal cord damage, nerve injury, paralysis
- Broken bones
- Road rash, skin damage
- Dislocation
- Internal organ damage
- Acute stress, post-traumatic stress disorder
- Other mental health injury
The Role of Helmet Use and Protective Gear in Your Claim
California requires motorcyclists to wear helmets. If you weren’t wearing one at the time of the collision, it may impact your claim for compensation. However, don’t let this stop you from talking to a lawyer. With California using a comparative negligence system for car accidents, it may still be possible to receive significant compensation.
Officials recommend wearing protective gear like long-sleeves, leather, gloves, and eye protection. But it is not required in California. The defense may argue that you could have had better equipment. However, not being legally required, protective gear is not as critical as whether the person was wearing a helmet.
A lawyer can explain the role of helmet use and protective gear in a rear end motorcycle accident claim in San Bernardino.
How To Document the Accident and Protect Your Legal Rights
A compensation claim begins with proving legal fault. Typically, for a rear-end accident, you prove that the vehicle behind failed to stop. Document the accident with the evidence available to you. Evidence may include admissions from the other driver, the positions of vehicles on the road, witness statements, location of damage, and surveillance videos.
In addition to documenting the accident, you must identify damages. Damages are the losses, both economic and non-economic, that result from the accident. You must identify categories and determine what applies. A lawyer can assist you in identifying these damages.
To protect your legal rights, you must pursue your case. While it’s important to report the accident to insurance companies as soon as possible, don’t rely on the insurance company to pay promptly. You may need to file a legal claim.
Protecting your legal rights means being careful about what you say. This includes the insurance company, people around you, and those on social media. There are time limits to filing a claim, so don’t wait to contact a lawyer.
Future damages
Rear-end motorcycle accident injuries are often serious. A claim may include damages for losses beyond the end of the legal claim.
Accident reconstruction
Accident reconstruction may be necessary to explain how the accident resulted in injuries. Reconstruction explains the events, mechanics, forces, and factors of the accident. It can identify how the person was thrown forward from their bike and how they struck the ground, objects, or other vehicles. Reconstruction can support the severity of injuries and prove the causation of harm.
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
Have you been in a motorcycle rear-end accident? Are you wondering what to do? Get medical attention and then contact an experienced San Bernardino motorcycle accident lawyer. We can help you with your next steps and start representing you right away.
Call or message LA Century Law.