Being involved in a motorcycle accident is devastating. You are likely to suffer very serious injuries, miss a significant amount of time from work, and you may suffer the consequences for years to come. When a negligent driver caused your accident and then fled the scene, you are also likely to feel even more frustrated, angry, and upset. These feelings may keep you from knowing what to do after a hit and run motorcycle accident. Below, our West Virginia motorcycle accident lawyer explains the next steps to take.
Remain Calm and Evaluate the Situation
In the immediate moments following a crash, it is important to try to take a deep breath and relax so you can focus on the next steps to take. If possible, examine yourself and others involved for injuries, and if you notice any, call 911 immediately. This step will ensure that the necessary emergency personnel, such as law enforcement and paramedics, are called to the scene.
Report the Accident to the Police
Under West Virginia Code §17C-4-6, you are required to report any motorcycle accident that results in injury, death, or property damage of $1,000 or more. It is important to use the quickest means of communication when reporting the crash. Any motorcycle accident will likely result in these damages, so it is important to report the crash immediately to ensure you comply with state law.
It is also important to report a motorcycle accident hit and run because law enforcement can help you locate the negligent party that caused your injuries. Only if you identify the liable party can you file a claim against them for damages. Never try to locate a negligent driver on your own. Leave that job to the police and your lawyer and keep yourself safe.
Take Note of Any Detail You Can Remember
Motorcycle accidents happen in an instant, and you are likely to feel shocked and confused during and afterward. Still, it is important to take note of as many details as you can. Try to determine the make and model of the car the fleeing motorist was driving, any descriptive marks such as tattoos, and any portion of the driver’s license plate you can remember. All of these details can help the police locate the fleeing driver.
Locate Witnesses
Often, there are objective bystanders at the scene of motorcycle accidents. If there are pedestrians, other drivers, or anyone else who may have seen the accident, locate these witnesses and ask them for their names and contact information. Their statements are given significant weight after an accident, and they can corroborate your story so you can claim full damages. Because of West Virginia’s law regarding “phantom vehicles,” failure to obtain the identities of independent witnesses may cost you the right to pursue your claim as an uninsured motorist claim in certain circumstances.
Take Photos
Just like after any other type of accident, you should take as many pictures and video footage as possible after a motorcycle hit and run. It is important to take pictures of your injuries, your damaged bike, and other pertinent information, such as skid marks on the road. These photos can prove the severity of your injuries and the damage to your motorcycle.
Seek Medical Attention
Your health and well-being are the main priority after any motorcycle accident. You should obtain the necessary and immediate medical attention as soon as possible. If paramedics arrive at the scene, ask them to evaluate your injuries and provide urgent care. If paramedics do not arrive at the scene or they recommend further treatment, visit an emergency room as soon as you leave the scene of the crash.
Seeking immediate medical attention not only ensures that your injuries will not become worse, but it can also help prove your case to the insurer. Your medical records can indicate the nature and severity of your injuries and how they occurred, so you obtain the full damages you deserve.
Contact a West Virginia Motorcycle Accident Lawyer
After a hit and run motorcycle accident, you will have to contact an insurance company to obtain coverage for your medical expenses and other losses. Even if you only have to contact your own insurer, it is important to still speak to a West Virginia motorcycle accident lawyer first. All insurance companies, even yours, will use strategies to try to delay, reduce, or deny your claim. A lawyer will know what these strategies are and how to fight back against them so your rights are upheld and you receive the full settlement you are entitled to.
Contact Your Own Insurance Company
If the fleeing driver cannot be found, your only option for compensation may be to file a claim with your own insurance company. When you purchased your own policy, it should have also included uninsured motorist (UM) coverage, which is mandatory under state law in West Virginia. The mandatory limits provide up to $25,000 for bodily injury per person and up to $50,000 for bodily injury per accident. UM coverage also provides coverage up to $25,000 for property damage.
UM coverage is available after you have been hit by a fleeing driver that you cannot locate, and it can provide you with the coverage you need. If you are already working with an attorney, you can ask them to contact your insurance company on your behalf. It is important to obtain counsel in uninsured motorist cases early, and definitely before you give a statement to your own insurer, because there are common mistakes that can make it impossible to collect UM benefits.
Follow Up with Police
Under West Virginia Code §17C-4-1, all drivers are required to stop after any crash that causes injury or death. Failing to do this has harsh legal consequences, and so, while you are taking the necessary steps to file a claim, law enforcement will be trying to find the negligent driver. It is important to follow up with them after the initial crash to determine if they have found the driver, so you can file a claim with their insurance company.
Call Our Motorcycle Accident Lawyer in West Virginia Today
There is no time to waste after a motorcycle accident. At Kaufman & McPherson, PLLC, our West Virginia motorcycle accident lawyer serves clients in Zip codes 24740, 25301, 26501, and throughout the state. If you have been hurt, contact us to schedule a free case evaluation and to get the legal help you need.
