Tips On Maximizing Compensation After an Oregon Motorcycle Accident
Oregon is home to some of the nation’s top highways for motorcycles that are perfect to cruise and enjoy the beautiful views on. From Dooley Mountain Highway to McKenzie Pass, you’re almost always sure to see at least a couple of riders taking in the scenery and enjoying the open road. Unfortunately, this popularity is also leading to an increase in motorcycle accidents.
If you’re involved in a collision, do you know what steps to follow? We’re looking at the common factors contributing to motorcycle accidents, along with the essential steps to follow if you’re involved in a vehicle collision.
Common Causes of Motorcycle Accidents in Oregon
You shouldn’t be surprised to learn that distracted driving is a common cause of motorcycle accidents. Oregon is known for its gorgeous scenery and it can be tough to watch the road and take in the view.
According to the National Highway Traffic Safety Administration (NHTSA), an estimated 41% of the nation’s motorcycle accidents are caused by distracted driving. However, this isn’t the only common reason motorcycle riders are involved in accidents. Some of the other causes include:
- Lane splitting. This practice is only legal in California.
- Speeding
- Poor weather and/or road conditions
- Driving while intoxicated
Failing to signal before changing lanes and hitting fixed objects are other common causes of motorcycle accidents.
Steps to Take After a Motorcycle Accident
Motorcycle accidents tend to result in significant injuries requiring immediate medical attention to deal with and rectify.
If this applies to your accident, don’t worry about following any steps other than taking care of your health. However, if possible, you may want to take a few steps to help support your accident claim.
Report the Accident
You’re legally required to report all traffic accidents when injuries or fatalities are present. Even a skinned knee from road rash counts as an injury.
Oregon law also requires immediate reporting of any accident involving significant property damage. Even if your bike only has a dented gas tank, you should still plan on reporting the accident. This also means waiting at the scene until the authorities arrive.
The reason this is a crucial step is pretty simple. You need a copy of your accident report to file a personal injury claim. Waiting for the authorities to arrive and assess the scene can also help ensure you’re not unfairly blamed for causing the accident.
Gather Evidence
Have you ever wondered what it’s like to be a detective or a crime scene investigator? If the answer is yes, here’s your chance to get an idea of what the job entails. No, you’re not examining any injured parties, beyond yourself.
You can also leave your gloves and magnifying glass behind. You’re not turning into an amateur Sherlock Holmes, you’re only gathering some evidence to support your version of the accident. This usually means grabbing your smartphone and opening the camera app.
You want to get pictures of the damage to your motorcycle. Go ahead and take some pictures of any visible injuries. You also want to try and get a shot of your bike’s position. Where it ends up after the accident can help establish liability.
Don’t forget to get contact information from any witnesses but don’t go into detail about the accident. The other involved driver’s insurance company is going to talk to the same witnesses. You don’t want any statements you make to be used to try and devalue your injury claim.
You should also make a note of any security/surveillance cameras in the area. Your personal injury attorney can request the footage to help support your accident claim.
Contact the Insurance Company
Since Oregon is an at-fault insurance state you’re going to contact the liable driver’s insurance carrier. You only contact your insurer if you’re liable for the vehicle collision.
Don’t go into detail about the accident, this also means not answering any questions. All you’re doing is letting the insurance adjuster know you’re planning on filing a personal injury claim.
Sometimes letting the insurance company know about your upcoming claim can help speed up the legal process. In other words, you may be able to receive your settlement check a little sooner.
Save Everything
You may hate saving bits of paper but this isn’t the time to start cleaning out your desk. You should plan on saving everything even remotely relating to your motorcycle accident.
You never know what documents the insurance company may request during the claim process. If you can’t produce a requested document, it can delay the legal process. The insurance company may even refuse to settle your claim without supporting evidence.
So, what should you plan on keeping? Save all of your bills, receipts, and estimates. You’re also going to need a copy of your accident report and medical records. Depending on the complexity of your claim, you may also need to provide expert testimony.
Your Oregon motorcycle accident attorney can help ensure you have everything you need to move forward with your injury claim.
Pay Attention to the Statute of Limitations
All states have timelines in place that can affect your ability to recover compensation after a motorcycle accident. In Oregon, the statute of limitations is two years from the date of the accident. There can be a few exceptions to the filing deadline.
Minors may be able to extend the statute of limitations to their 18th birthdays. If your injuries are severe, for example, you’re in a coma the statute can be extended until you’re able to participate in the legal process.
Even though there can be times when the statute of limitations is paused or extended, it’s not always a good idea. Evidence can become lost and witnesses can move away. All of this can impact your potential compensation amount. Usually, it’s best to move forward with an accident claim as soon as possible.
Maximizing Compensation in a Motorcycle Accident Claim
Even if your injuries and other damages are relatively minor, you still want to receive maximum compensation for your motorcycle accident. Working with an experienced motorcycle accident lawyer can help ensure you receive fair compensation for your damages.
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