Experiencing a motorcycle accident is a traumatic event that can leave lasting physical, emotional, and financial scars. When the accident is a hit-and-run, it only adds to the confusion, frustration, and helplessness one may feel. In New York, hit-and-run accidents are unfortunately common, and being a motorcyclist can make the situation even more perilous due to the exposure and vulnerability on the road. Knowing the appropriate steps to take after such an event can make a significant difference in protecting your rights and ensuring your well-being.
Stay Calm and Assess the Situation
The first and most important step after any accident, especially a hit-and-run, is to stay as calm as possible. Emotions like panic, anger, and fear can cloud your judgment, leading to poor decisions that might exacerbate the situation. Try to take a few deep breaths and assess your surroundings. Check yourself for injuries. Given the exposed nature of riding a motorcycle, even minor accidents can result in serious injuries. Look for immediate signs of harm like bleeding, broken bones, or severe pain. If you are able to do so, move to a safer location to avoid further danger from oncoming traffic.
In many cases, the shock and adrenaline rush from the accident may mask the pain of injuries. If you feel that you are physically capable, assess the scene around you. If your motorcycle is in a dangerous position on the road, and you are able to move it, ensure that you do so safely. However, your safety should be the primary concern. If it is not possible to move your motorcycle without risking further injury, leave it and get to safety.
Call 911 Immediately
Once you have assessed your situation and moved to a safer area, the next step is to contact emergency services. Calling 911 immediately is crucial, regardless of whether the driver responsible for the hit-and-run is still at the scene. Explain the situation to the dispatcher, providing as much detail as possible. Let them know that the accident was a hit-and-run, describe any injuries you have sustained, and give them your location. If you witnessed the vehicle fleeing, provide any identifying information, such as the make, model, color, or a partial license plate number. Even seemingly insignificant details could help law enforcement track down the driver responsible for the accident.
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In addition to law enforcement, emergency medical personnel will be dispatched to the scene. Even if you believe your injuries are minor, it is essential to let medical professionals assess your condition. Many serious injuries, such as internal bleeding or traumatic brain injuries, may not be immediately apparent but can worsen over time if left untreated. Letting medical professionals evaluate your injuries can provide a clearer picture of your condition and ensure that you receive the necessary treatment promptly.
Document Everything You Can
While waiting for the police to arrive, take the opportunity to document the scene of the accident as thoroughly as possible. This documentation can become vital evidence if you decide to pursue legal action or make an insurance claim. If you are physically able, use your phone to take pictures of the scene, your motorcycle, your injuries, and any damage to the road or surrounding area. Make sure to capture wide-angle shots that show the full extent of the accident scene, as well as close-up shots that highlight specific damage or injuries. If there were any witnesses to the hit-and-run, speak with them and ask for their contact information. Witness testimony can be critical in corroborating your version of events and helping to identify the driver responsible for the accident.
If you are unable to document the scene due to your injuries, try to ask a bystander to help. Even a brief description of the fleeing vehicle or details about the scene could provide valuable information later on. Once the police arrive, provide them with all the information you have gathered. They will create an official accident report, which will be necessary for insurance purposes and any legal claims you may wish to pursue.
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Seek Medical Attention as Soon as Possible
Even if your injuries appear to be minor at first glance, it is crucial to seek medical attention as soon as possible after a hit-and-run motorcycle accident. Injuries such as whiplash, spinal injuries, and concussions may not show immediate symptoms, but can have long-lasting effects if left untreated. By seeing a medical professional shortly after the accident, you can ensure that any injuries are properly diagnosed and treated.
In addition to safeguarding your health, seeking medical attention promptly can also protect your legal rights. Medical records can serve as essential evidence in your case, documenting the extent of your injuries and proving that they were caused by the hit-and-run accident. This documentation can be crucial if you decide to file a personal injury claim to seek compensation for your medical bills, lost wages, and other damages.
Notify Your Insurance Company
After seeking medical attention, one of the next steps is to notify your insurance company about the hit-and-run accident. New York is a no-fault insurance state, which means that your insurance provider will cover your medical expenses and lost wages, regardless of who was at fault for the accident. However, hit-and-run accidents can complicate the claims process, especially when it comes to seeking compensation for property damage or other damages not covered by no-fault insurance.
It is essential to report the accident to your insurance company as soon as possible. Provide them with a copy of the police report, medical records, and any other evidence you have gathered. Your insurance policy may include uninsured motorist coverage, which could help cover some of your losses if the driver responsible for the accident is never identified. However, dealing with insurance companies after a hit-and-run accident can be challenging, and they may try to minimize your claim. Having detailed documentation and professional legal representation can help ensure that you receive the compensation you deserve.
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Consult with a Personal Injury Attorney
Being involved in a hit-and-run motorcycle accident can be an overwhelming experience, especially when dealing with the physical, emotional, and financial aftermath. Navigating the legal system and dealing with insurance companies can be a daunting task on your own, particularly when you are trying to recover from your injuries. Consulting with a personal injury attorney who has experience in handling hit-and-run cases can make a significant difference in the outcome of your case.
A personal injury attorney can help you understand your rights and explore your options for seeking compensation. Whether through your insurance policy or by pursuing legal action against the responsible driver, an attorney can guide you through the process and advocate on your behalf. They can gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
In hit-and-run cases, identifying the driver responsible for the accident is often the biggest challenge. However, an experienced attorney can work with law enforcement, review surveillance footage, and use other investigative techniques to help locate the driver. Even if the driver is never found, an attorney can help you pursue compensation through other avenues, such as your uninsured motorist coverage.
Protecting Your Legal Rights in a Hit-and-Run Case
Hit-and-run accidents can feel like a double injustice. Not only are you left dealing with the injuries and damage caused by the accident, but the person responsible has fled the scene, potentially escaping accountability. However, that does not mean you are without options. The legal system provides several avenues for victims of hit-and-run accidents to seek compensation and justice.
In New York, there are specific laws in place that address hit-and-run accidents. Fleeing the scene of an accident is a criminal offense, and law enforcement takes these cases seriously. If the driver responsible for your accident is identified, they can face significant legal consequences, including fines, license suspension, and even jail time. Additionally, you may have the option to pursue a civil lawsuit against the driver to seek compensation for your medical expenses, property damage, lost wages, and pain and suffering.
Verdicts & Settlements
However, hit-and-run cases can be complex, and time is of the essence. In New York, there is a statute of limitations that limits the amount of time you have to file a personal injury lawsuit after an accident. Consulting with an attorney as soon as possible after the accident can help ensure that you meet all necessary deadlines and protect your legal rights.
If you or a loved one has been involved in a hit-and-run motorcycle accident in New York, it is crucial to take immediate steps to protect your health, your legal rights, and your financial future. The aftermath of such an accident can be overwhelming, but you do not have to face it alone. The legal team at Andrews, Bernstein & Maranto, PLLC is here to help you navigate the complexities of your case, fight for justice, and ensure that you receive the compensation you deserve. Contact us today for a consultation, and let us be your advocates in this challenging time.