by Timothy Blankenhorn

Created on: January 03, 2009   Last Updated: March 21, 2012

If you are a motorcyclist, and you're involved in an accident, chances are you're not going to feel like writing down names and addresses, or conducting an immediate on-site investigation of the accident. You'll have injuries to attend to, perhaps serious ones, and they will of course be the absolute top priority.

Chances are that your investigation will begin somewhat later, and that the police report will be a place to start.

If you can do any thing at the scene of the accident, make sure that the police are called in as soon as possible, Their participation is almost always required by law in such an accident, and they are the ones ideally suited to gather and save information on site.

When you're able to function well, here's what you should do:

1) Strongly consider hiring an attorney who is experienced in this sort of accident. Two-thirds of accidents involving motorcycles are caused by the other vehicles involved, and many attorneys have developed specialized practices devoted to representing motorcyclists.

2) Virtually all large trucks and many commercial vehicles are currently equipped with EDRs or "black boxes" that contain evidence as to the history of the vehicle, its recent travels, and its speed during an accident. An attorney will know this and will take the legal steps necessary to prevent this essential data from being erased or overwritten. There is currently no law requiring motor carriers or others to care for such evidence, until they are presented with a legal order to preserve it.

3) Make sure that all other possible physical evidence is collected and preserved. This evidence includes the damaged motorcycle, the unwashed clothing of the rider and passenger, including the helmet(s), and if possible, the vehicle itself.

4) Make a careful examination of the site of the accident, during the same time or day if possible, and under the same kind of condition. There is much to see: litter by the roadside, rumble strips, oil slicks, and potholes. Take as many photographs as possible. There should still be evidence of the accident itself, skid marks, damage to grass and curbing, etc.

5) Use the police report of the accident to guide your investigation of the site. Police reports vary in their quality - from cursory to detailed. Use your investigative skills to establish that the fundamental details are correct - street names, distances, time of day, etc. If there are inaccuracies in the report, it is best to know that early in the investigation.

6) Police will have gathered names of witnesses, and it is important to develop this evidence as fully as possible. It may pay to place an advertisement in the newspaper seeking other witnesses. There are often many who can contribute, but who assume, wrongly, that their testimony is not needed.

7) Subject yourself to an interview for information. Initial memories often overlook small detail that will prove important. Were lights working properly? What were the events leading up to the accident, even by several minutes. The more fully you can remember such information, the stronger your case will prove to be.

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