And Myths that Won’t Make a Big Difference
We all know that there are some things that you might do or say that will hurt your motorcycle wreck claim. Obviously we don’t want to admit fault (or even use language that could be twisted into admitting fault). But there are a few more things you’ll want to be aware of so you don’t accidentally hurt your motorcycle injury claim.
But this list wouldn’t be complete if the Car Crash Captain didn’t dive into some of the myths that aren’t actually going to hold you back. After you touch up on the mistakes to avoid, keep reading as your motorcycle wreck lawyer from Richardson, Texas lays it all out for you.
7 Real Mistakes that Can Hurt Your Injury Claim
These mistakes can genuinely harm you case; potentially derailing it completely.
Delaying Medical Treatment – Insurance companies will see that you didn’t get treated right away, and they can argue that your injuries weren’t actually sustained in the wreck. Adrenaline can mask pain, so it’s important that you get looked at right away, even if you don’t think the crash was that bad.
Giving a Recorded Statement – After the wreck, insurance will want to get the facts (or at least their version of the facts) and offer a settlement quickly. The at-fault driver’s insurance will want a statement from you, and they are trained to ask questions that can subtly shift the blame to you. The only statement you need to give is, “I’m working with Herbert Law Group, please direct all questions to them.”
Admitting Fault – Sometimes you can admit fault on accident. If you say something like, “I didn’t see them.” Or, “I was probably going a little fast.” Or, “He came out of nowhere!” you might set yourself up for a bad time. Instead, stick to just the facts and let the evidence speak as to what happened.
Failing to Document – No photos, no witness, no proof. If you’re injured to the point you need to be rushed to the hospital, you obviously can’t do a lot. But if you’re able, get plenty of pictures and witness statements. You’re already fighting bias; evidence is the equalizer.
Skipping Doctor Appointments – If you don’t go in for your follow-up it’s really easy to say, “You must have healed.”
Taking to Social Media – Until all is settled, stay off social media as much as possible. A picture of you at the gym, out and about, or a comment like, “I got ran over, but I’m fine!” can undo months of work.
Not Talking to Herbert Law Group – Memories fade. Evidence gets erased. Deadlines matter. As soon as you’re able, let’s get the process started so we aren’t left with an uphill battle.
We know what not to do, and by reading this you’re getting familiar with what to do if the unfortunate happens. But there’s more.
Common Motorcycle Accident Myths that Won’t Automatically Ruin Your Claim
It’s not all doom and gloom. There are some things you’ll hear often that are “claim killers.” The reality is that they’re just myths.
If I wasn’t wearing a helmet, I don’t have a case.
There’s no foundation for this. Helmet use could impact some damages, but the fault is still there. If another driver caused the crash, they’re still liable for what happened.
Motorcycles are dangerous, so it’s automatically my fault.
The reality is that risk does not mean responsibility. Drivers have the duty to watch for motorcyclists and share the road.
I wasn’t following the speed limit exactly.
If you’re speeding and you’re hit by someone else, you’re still hit by someone else. Minor speeding doesn’t eliminate your claim, however, comparative fault might apply. Compensation may diminish, but it’s rarely wiped out completely.
I didn’t take the ambulance ride, so my injuries aren’t serious.
As we mentioned before, adrenaline does crazy things to the body. Riders will often decline EMS because they “feel fine,” have cost concerns, or just don’t want to ride in the ambulance. The reality is that medical records determine severity, not the ambulance ride.
My bike was modified, so insurance won’t pay out.
Unless your modifications were illegal and directly caused the crash, those mods will have zero impact on the case.
I didn’t miss work, so I can’t recover much.
Compensation isn’t just lost wages and medical bills. There’s pain and suffering, future care, and a diminished quality of life if your injuries cause permanent changes to your body.
Don’t worry about these myths; that’s why you work with a professional motorcycle wreck lawyer.
Get Help from Herbert Law Group
We’re in the business of helping victims recover compensation that will allow them to fully heal. We’ll deal with the insurance companies, negotiate on your behalf, and maximize your claim. All you should be focusing on is recovering from those injuries.
How’s this work?
It starts with a free phone call so we can learn what happened and form a plan to find justice. Call our offices at 214-414-3808, and we’ll get started. No time for a call right now? No worries, fill out the contact form and we will reach out to you.
Herbert Law Group serves the Dallas area. Whether you’re in Frisco, Fort Worth, or anywhere nearby, we’ll ensure you’re treated properly on your injury claim.