What are the Steps to take when you get in a Motorcycle accident?

Preserving a motorcycle accident claim involves taking specific actions to ensure you have the necessary evidence and information to support your claim for compensation. Here are steps to help you preserve your motorcycle accident claim:

  1. Seek Immediate Medical Attention:

    • Get medical treatment for any injuries, even if they seem minor initially. Prompt medical care helps establish a connection between the accident and your injuries.

  2. Document the Accident Scene:

    • Take photographs or videos of the accident scene, including vehicle positions, road conditions, traffic signs, and any relevant details. Capture any visible injuries as well. An experienced motorcycle accident lawyer will generally take on this task after they have been hired but until you have retained a lawyer it is crucial to do your best to document the scene.

  3. Exchange Information:

    • Exchange contact and insurance information with the other parties involved in the accident. This includes names, phone numbers, addresses, and insurance policy details.

  4. Gather Witness Information:

    • Obtain contact information from any witnesses who saw the accident. Witness statements can be crucial for corroborating your version of events. An experienced motorcycle accident lawyer will generally take on this task after they have been hired but until you have retained a lawyer it is crucial to do your best to maintain and gather witness information.

  5. Notify Your Insurance Company:

    • Report the accident to your insurance company promptly. Provide them with all the information you have, but be cautious about making any statements that could be used against you later. An experienced motorcycle accident lawyer will generally take on this task after they have been hired but until you have retained a lawyer it is important to work with your insurance carrier.

  6. Preserve Evidence:

    • Keep all relevant documents, including medical records, accident reports, repair estimates, and correspondence with insurance companies. An experienced motorcycle accident lawyer will take on this task after they have been hired but until you have retained a lawyer it is important to preserve and protect evidence for your case.

  7. Consult an Attorney:

    • Consider consulting a personal injury attorney with experience in motorcycle accidents. They can provide legal advice, evaluate the strength of your claim, and guide you through the process.

  8. Follow Medical Advice:

    • Adhere to your healthcare provider's recommendations for treatment and recovery. Document your medical treatment and expenses, as this will be essential for your claim.

  9. Maintain a Journal:

    • Keep a detailed journal of your injuries, pain levels, and how they affect your daily life. This can serve as valuable evidence of the impact of the accident on your well-being.

  10. Secure Vehicle Evidence:

    • If your motorcycle is damaged, preserve it in its current condition until it can be properly assessed by an expert or an insurance adjuster. Sending a letter to the insurance carrier to preserve the evidence is something an experienced motorcycle accident lawyer will do.

  11. Avoid Discussing the Case on Social Media:

    • Be cautious about what you post on social media. Insurance companies often monitor social media profiles, and posts or photos that contradict your injury claims can harm your case.

  12. Cooperate with Your Attorney:

    • Hire a qualified attorney, work closely with them and provide all requested information promptly. An experienced motorcycle accident lawyer will help guide you through the process and take on many of the above tasks.

Remember that the specific steps you need to take may vary depending on the circumstances of your accident and the laws in your jurisdiction. Consulting with a knowledgeable attorney is often the best way to ensure you preserve and pursue your motorcycle accident claim effectively.



How do you determine who was at fault for a motorcycle accident?

Determining who is at fault in a motorcycle accident can be a complex process and often involves an investigation by law enforcement, insurance companies, and experienced legal professionals. Fault is typically determined based on the following factors:

  1. Police Report: When a motorcycle accident occurs, the police may be called to the scene to investigate. They will gather information from involved parties, witnesses, and physical evidence. The police report often contains their initial assessment of who may be at fault based on this information.

  2. Traffic Laws: Traffic laws play a crucial role in determining fault. If one party violated traffic laws, such as running a red light or speeding, it can be a strong indicator of fault. Violations of traffic rules may result in citations or tickets, which can be used as evidence in determining fault.

  3. Eyewitness Accounts: Statements from eyewitnesses who saw the accident happen can provide valuable information about how the accident occurred. Their observations and testimonies can help establish fault.

  4. Physical Evidence: Physical evidence at the accident scene, such as skid marks, damage to vehicles, and debris, can provide important clues about the sequence of events and help reconstruct the accident. This evidence can help determine fault.

  5. Photographs and Videos: Photographs and videos taken at the scene can be used to document the condition of the vehicles, road conditions, and other factors that may have contributed to the accident.

  6. Expert Analysis: In some cases, accident reconstruction experts may be called upon to analyze the evidence and recreate the accident. Their findings can be used to establish fault.

  7. Statements and Admissions: Statements made by the involved parties immediately after the accident, as well as any admissions of fault, can be used as evidence. However, it's important to note that people involved in accidents may not always accurately assess fault in the heat of the moment.

  8. Insurance Company Investigations: Insurance companies will conduct their own investigations to determine fault. They will review the evidence, statements, and their policyholders' actions to determine liability.

  9. Traffic Cameras and Surveillance Footage: If the accident occurred in an area with traffic cameras or surveillance cameras, footage from these sources can provide valuable evidence.

  10. Expert Witnesses: In complex cases, both parties may call upon expert witnesses, such as accident reconstructionists or medical experts, to provide testimony and analysis to support their version of events.

It's essential to keep in mind that fault may not be straightforward, and it can be divided between parties in some cases. Comparative or contributory negligence laws in your jurisdiction will also impact how fault is assigned and how it affects compensation. Consulting with an experienced Johnson County Motorcycle accident lawyer, can be crucial in cases where fault is disputed or complex. They can help protect your rights and navigate the legal process to determine liability and seek compensation.

How do you hire a good motorcycle accident lawyer?

Hiring the right motorcycle accident lawyer can significantly impact the outcome of your case. A good motorcycle accident lawyer possesses several qualities and characteristics that make them effective in representing your interests. When looking for a motorcycle accident lawyer in Overland Park, consider the following factors:

  1. Experience with Motorcycle Accident Cases:

    • Look for a lawyer who has specific experience handling motorcycle accident cases. These cases can be unique and require a deep understanding of the challenges and complexities involved.

  2. Expertise in Personal Injury Law:

    • Your lawyer should be well-versed in personal injury law, as motorcycle accident claims often fall within this legal domain. They should understand the intricacies of liability, negligence, and compensation in personal injury cases.

  3. Track Record of Success:

    • Research the lawyer's track record and past case outcomes. A good lawyer should have a history of achieving favorable settlements or verdicts for their clients in motorcycle accident cases.

  4. Trial Experience:

    • While most cases are settled before going to trial, it's essential to hire a lawyer who is prepared to take your case to court if necessary. Trial experience can be invaluable in negotiations and litigation.

  5. Client Reviews and Testimonials:

    • Read reviews and testimonials from past clients to get a sense of the lawyer's reputation and their clients' satisfaction with their services.

  6. Strong Communication Skills:

    • Effective communication is crucial. Your lawyer should be able to explain legal concepts clearly, keep you informed about the progress of your case, and be accessible to answer your questions.

  7. Empathy and Compassion:

    • A good lawyer should genuinely care about your well-being and understand the physical, emotional, and financial challenges you may be facing as a result of the accident.

  8. Thoroughness and Attention to Detail:

    • Your lawyer should be meticulous in gathering evidence, reviewing documents, and preparing your case. Attention to detail can make a significant difference in the outcome.

  9. Negotiation Skills:

    • A substantial portion of personal injury cases is settled through negotiations. A skilled negotiator can help you secure a fair settlement without going to trial.

  10. Resources and Network:

    • Look for a lawyer who has access to resources, such as accident reconstruction experts, medical professionals, and investigators, to strengthen your case.

  11. Transparent Fee Structure:

    • Ensure you understand the lawyer's fee structure and that it is transparent and fair. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.

  12. Accessibility and Responsiveness:

    • Your lawyer should be accessible when you need them and respond promptly to your calls and emails.

  13. Commitment to Your Case:

    • Choose a lawyer who is committed to your case and willing to invest the time and effort needed to achieve the best possible outcome.

  14. Local Knowledge and Understanding:

    • A lawyer familiar with the local legal system and the nuances of motorcycle laws in your area can be advantageous.

  15. Client-Focused Approach:

    • The lawyer should put your interests first and work to achieve the best possible outcome for you, not just a quick settlement.

Before hiring a motorcycle accident lawyer, schedule a consultation to discuss your case and assess whether they possess these qualities and are the right fit for you. It's crucial to feel comfortable and confident in your lawyer's abilities to handle your case effectively.


A motorcycle crash can change your life in the blink of an eye. You don’t need to face the aftermath alone. Protect yourself from financial ruin during this devastating time by working with a personal injury attorney who can help you seek compensation. The team at Roth Davies LLC will explain your legal options and provide the compassionate counsel you need in Overland Park and the rest of Johnson County, Kansas. Set up a consultation today.