Top Mistakes to Avoid After a Motorcycle Crash
Top Mistakes to Avoid After a Motorcycle Crash
If you’re reading this, chances are you or someone you know has been involved in a motorcycle crash. The aftermath can be overwhelming, with medical bills, insurance claims, and bike repairs adding to the stress. Here are the mistakes that cost Texas riders the most.
Mistake #1: Not Seeking Medical Attention Immediately
Adrenaline can mask serious injuries. Concussions and internal bleeding often don’t show symptoms right away. Getting checked out immediately not only protects your health, it creates the medical documentation that connects your injuries directly to the crash — a gap here is one of the first things an insurance adjuster will use against your claim.
Mistake #2: Not Documenting the Accident Scene
Photos and video of the scene, your bike, other vehicles, and any visible injuries can be crucial evidence. Also document witness information (names and phone numbers), the exact location, time, and weather conditions. The more documentation you have, the stronger your case.
Mistake #3: Admitting Fault at the Scene
An offhand “I’m sorry” or “I didn’t see them” can be used against you later — and in Texas, it matters more than you’d think. Under the state’s modified comparative negligence rule, you’re barred from recovering anything if you’re found more than 50% at fault, and any recovery is reduced by your own percentage of fault otherwise. Stick to the facts, exchange information, and let the evidence — not a stressed-out statement at the scene — determine fault.
Mistake #4: Not Reporting the Accident to Police
A police report is more than a formality — it’s foundational evidence for your claim. File one even if the crash seems minor, provide as much detail as possible, and get a copy for your records.
Mistake #5: Not Keeping Track of Expenses and Medical Records
Medical bills, bike repairs, and related costs add up quickly. Keep a dedicated file with every receipt, invoice, and medical record, along with the police report and any correspondence with insurance companies, so nothing gets missed when it’s time to calculate your damages.
Mistake #6: Settling With the Insurance Company Too Quickly
Insurance companies often push for a fast, low settlement — sometimes before you or your doctors know the full extent of your injuries. Once you accept and sign a release, you typically can’t go back for more even if your condition turns out worse than it first appeared. Consult an attorney before accepting any offer.
Mistake #7: Missing the Statute of Limitations
Texas gives you two years from the date of the crash to file a lawsuit (Civil Practice and Remedies Code § 16.003). It’s a hard deadline, and evidence like dashcam or surveillance footage often disappears well before it arrives — another reason to get an attorney involved early rather than waiting.
Stay Safe and Informed
A motorcycle crash can be life-altering, but knowing what to do — and what not to do — makes a real difference. If you’ve been involved in a motorcycle accident, don’t navigate the process alone. Contact the Traub Law Office today for a consultation.
About Andrew Traub
