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Legal information: Investigating a motorcycle accident

by Joan Mccord

Created on: January 05, 2009   Last Updated: June 12, 2009

Motorcycle accidents are ugly. Cuts, bruises, and abrasions are profuse. The simplest encounter can produce a frightening appearance with very little indication of the true extent of injury to the victim.

Whether you are an on-looker or participant, this is not a time for panic. The familiar Rules of the Road learned when preparing for your motorcycle drivers' license test. will stand you in good stead.

Here are reminders of basic rules of behavior and a few additional suggestions to help achieve the best possible solution to a complicated and frightening situation:

* Render appropriate medical aid to others involved in the accident if necessary.

* Call an ambulance and the police.

* Use flares or hazard warnings to alert moving traffic.

If you are personally involved:

* Write down names, phone numbers, and addresses of witnesses. If possible, request a simple written statement of their observations, but be aware that, at the time of an accident, events move quickly, and eye-witness recollections might be difficult.

* Do not discuss the accident with anyone except the police officer making the investigation. Do not admit liability, even to the officer. Stick to the facts and let the investigators do their work.

* If you are arrested and taken into custody, do not resist. An arrest does not automatically constitute civil liability.

* Request a business card and incident number from the investigating officer so that you can obtain a copy of the accident report. This accident report should contain such pertinent information as road and weather conditions, lighting, pre- and post accident skid marks, and indications of the structural condition of the vehicles involved.

* Notify your insurance company immediately, and document this notification. Failure to do so might give the insurance company grounds to deny their complete cooperation in this or any subsequent accident claims you might file.

Do not make any gratuitous statements to the insurance company; clearly state the details of your situation and follow their instructions. If this is included in your policy, an attorney will be referred by the insurance company to represent you.

* Any insurance claims filed against you, and any other insurance papers presented to you, should be immediately referred to your insurance company.

If it is deemed necessary to determine cause of the accident, the attorney should engage specialized investigators, who will use a wide variety of investigative tools. Be

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