Below, we have compiled a list of some the top ‘what ifs’ that we have come upon in our 30+ years representing motorcycle accident cases:
- What if the next day I can barely move; is it too late to make a claim for my injuries?
In short, the answer is “no”. Due to the fact that it is normal for the body not to immediately recognize the symptoms of an injury until hours after an accident, your statement to the officer of being “fine” is not a significant obstacle in recovering for your injuries. This is also the reason that emergency rooms often issue instructions when releasing patients, warning them to watch for various symptoms which indicate that their condition is worsening. It is almost universally accepted that symptoms start as minor, and then increase as time progresses. This can be anything from swelling of the brain to swelling of discs in your back.
- What if it was several weeks before I started having problems with my back and neck?
Again, this is a very common occurrence, especially if you had more obvious pain at the time of the accident (such as a hurt arm or leg). Many times, the brain will only register the initial pain (such as scrapes and bruises) and it may not “tell you” that a more serious back or neck injury has occurred. Due to the fact that you are stiff and everything aches all over, it may take weeks for a weakened body part to finally give out.
- What if I was not wearing my helmet?
By not wearing a helmet, you have not violated any laws in the state of Arizona. However, this may result in an argument from the insurance company that you contributed to your own injuries and are partially at fault when compared to the other driver. This could potentially reduce your recovery—however, many of the injuries suffered in an accident will not have been eliminated by virtue of wearing a helmet.
- What if it was a family member or my best friend who was the driver, and I was merely the passenger on the bike?
Although it is not fun suing a friend or family member, somebody needs to pay for your injuries. In reality, these people are normally insured, and therefore, you are not suing them—you are suing their insurance company. This is what insurance is for, so your friend or family member will not have to pay. If your friend or family member was at fault for the accident, then their insurance company should adequately compensate you for your medical bills, damages, pain and suffering, etc. However, many insurance policies have a family member exclusion; which may limit your recovery.
For additional “what ifs” that you may come upon when involved in a motorcycle accident, see our Motorcycle Accident What Ifs page. If you or someone you know needs help from Scottsdale Motorcycle Accident Attorney, please contact Simon Law Group. As bikers ourselves, we are here to help.]]>
