What to Do After a Motorcycle Accident

The information you NEED to know when injured in a motorcycle accident.

What to Do After a Motorcycle Accident About Your Injuries

  1. The adrenaline from a motorcycle accident will mask the pain even from a serious injury like a broken leg or ankle so don’t move unless you have to until EMTs arrive. Tell the EMTs if you have any pain, tingling, or numbness anywhere.
  2. Don’t pull off your helmet or let anyone else remove your helmet. If you hit your head, your helmet should be removed at the hospital. A special tool should be used to safely remove your helmet.
  3. Do not remove your gloves or other gear because that can make injuries worse.
  4. If you’re bleeding, put pressure on the wound. You can use a bandana or shirt to stop the blood loss until EMTs arrive.
  5. ALWAYS take an ambulance to the hospital because of number 1 above. It can take an hour or two to feel the pain and find out you have a serious injury. The police are supposed to make sure your motorcycle will be safe and have it towed to a yard, so you don’t have to stay at the scene to safeguard your motorcycle. There is a near 100% chance that your motorcycle will be totaled anyway.

What to Do in All Motorcycle Accidents to Protect Your Legal Case

  • ALWAYS make sure a police accident report is made! (A police report is required for an uninsured claim). Find out how to get a copy of a police report in NYC or how to get a copy of a police report on Long Island but we’ll get it for you. Call 1-800-HURT-911 as soon as possible!
  • Never tell anyone you were cut off!
  • Take a photo of the car or truck’s license plate if you can.
  • ALWAYS take an ambulance to the hospital to provide a record of your injuries. The police are supposed to make sure your motorcycle will be safe, so don’t stay at the scene to safeguard your motorcycle.
  • If there are witnesses in favor of you, make sure the police officer gets their name, phone number, and address.
  • Do not ever give a statement or speak with the insurance company insuring the car which caused your motorcycle accident.
  • Do not give a statement or speak with your insurance company before you speak with a motorcycle accident lawyer.
  • Do not fill out any insurance company’s accident report.
  • Do not file your own New York MV-104 accident report. You can see how to fill out an MV-104 accident report but we’ll do it for you.
  • Keep your helmet and do not use your helmet again. It is dangerous to use a helmet that was in an accident even if you don’t see any damage. We may need your helmet to prove you had a concussion or brain injury from your motorcycle accident.
  • Paying your medical bills is complicated. Even the ambulance, hospital, and doctors don’t understand it. They think No-Fault pays for injuries caused by motorcycle accidents but we’ll take care of it for you.
  • Call us 1-800-487-8911 as soon as possible.

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5 Most Common Types of Motorcycle Accidents

    1. Hit & Stopped” — You or your motorcycle were hit by a car that stopped at the scene.
    2. Hit & Run” — You or your motorcycle were hit by a car that left the scene.
    3. Cut off & Stopped” — Your motorcycle was cut off by a car that did not come into contact with either you or your motorcycle and the car stopped at the scene.
    4. Cut off, Stopped & Left” — Your motorcycle was cut off by a car that did not come into contact with either you or your motorcycle. The car stopped but a police officer told the driver to leave because there was no contact and the police officer did not take the driver and vehicle identification.
    5. Cut off & Run” — Your motorcycle was cut off by a car that did not come into contact with either you or your motorcycle and the car did not stop at the scene (hit & run).

What to Do When You Are Hit By a Car That Contacted You or Your Motorcycle

“Hit & Stopped” — Either you or your motorcycle were hit by a car that stayed at the accident scene

  • See “For All Motorcycle Accidents”, at the top of this page.

“Hit & Run”

— Either you or your motorcycle were hit by a car that left the accident scene

  • Never tell the police, EMS, or hospital personnel that a car “cut you off”. The insurance companies look at this statement as evidence that there was no contact. Always say “a car hit me” or “a car hit my motorcycle”.

New York requires for hit and run accidents that 1) a police report is made within 24 hours of the accident and 2) the other vehicle came into contact with either you or your motorcycle.

If the police were not at the accident scene or did not make a report, you must go to the police station to file a report within 24 hours of your accident.

If either you or your motorcycle was hit by a car that left the accident scene, we can file an uninsured claim for your injuries.  There must have been some type of contact between the car and either you or your motorcycle.

  • If the car came too close to your motorcycle and your hand contacted the car, that is sufficient contact. Tell the police and medical personnel that the car hit you.
  • If there is evidence on your motorcycle of the car touching your motorcycle (such as the car paint on your motorcycle), take a picture and keep your motorcycle until you speak with us.
  • Do not speak with your insurance company until you speak with us.
  • We must file your claim within a reasonable period of time (not 3 years). It could be as short as 90 days!

What To Do When You Are Cut Off By a Car That Did Not Contact You or Your Motorcycle

Cut Off & Stopped

— You were cut off by a car that did not come into contact with either you or your motorcycle and the car STAYED at the accident scene

  • Insist that the police officer take the information from the driver and the car’s registration. If the police officer does not want to put the information on the accident report, insist that he write the information anywhere, even on another piece of paper.
  • If the police officer refuses to take the information about the other car and driver, get a picture of the license plate or ask a witness to get it for you.

We can represent you and still sue the owner and driver of the car which caused your motorcycle accident if we know the identity of the driver or owner of the car. If the identity is unknown and there was no contact, you will not have a case.

“Cut off, Stopped & Left”

— Your motorcycle was cut off by a car that did not come into contact with either you or your motorcycle. The car stopped but a police officer told the driver to leave because there was no contact and the police officer did not take the driver and vehicle identification

Unfortunately, the police officer just created a big problem for you. If you took a picture of the license plate or wrote down the plate number, you still have a case. But if you did not get the information for the car, you can only have an uninsured claim which, in New York, requires that there was contact between either you or your motorcycle and the car. You probably do not have a case but call us anyway because we have been successful in obtaining money with these cases.

Cut Off & Run

— You were cut off by a car that did not come into contact with either you or your motorcycle and the car LEFT the accident scene

Remember, if you were cut off, your motorcycle was not hit!  The insurance companies look at this statement as evidence that there was no contact. If the car hit you, always say “a car hit me” or “a car hit my motorcycle”.

If you were cut off without the car coming into contact with either you or your motorcycle and the car never stopped and cannot be identified, you probably do not have a case. However, call us anyway because we have been successful in obtaining money with these cases.

When Your Motorcycle Is Hit by a Truck with a Trailer

  • Get the license plate number, VIN & state of both the cab and the trailer.

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Motorcycle Lawyer Phil FranckelPhilip L. Franckel, Esq. is the author of all articles on NYMotorcycleAttorneys.com.

You may have met Phil Franckel at a motorcycle event. Phil created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. He is a Founding Partner of 1-800-HURT-911® New York, well-known in New York for representing motorcyclists. He has a 10 Avvo rating, Avvo Client’s Choice award with all 5-star reviews, Avvo Top Contributor, and is a former Member of the Board of Directors of the New York State Trial Lawyers Association.


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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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