A motorcycle accident is different from a fender bender in a parking lot. The stakes are higher, the injuries are often more serious, and riders are far more exposed than someone inside a car or truck. In the moments and days that follow a crash, the choices you make can strongly affect your health, your finances, and your legal rights.
It is easy to feel overwhelmed or pressured, especially if you are in pain or worried about your bike. Knowing what not to do can be just as important as knowing what steps to take. At Hauptman O’Brien, our attorneys help riders in Nebraska and Iowa avoid common mistakes and build strong claims after motorcycle accidents.
1. Do Not Leave the Scene or Skip Calling the Police
Leaving the scene of a motorcycle crash, even if it seems minor, can be a serious mistake. Beyond the legal issues, you lose the opportunity to have law enforcement document what happened while the evidence is still fresh. That early documentation becomes very important when an insurance company starts questioning your story.
Calling 911 means an officer can prepare a police report, document vehicle positions, record weather and road conditions, and identify witnesses. If you leave without that official record, it may later turn into your word against the other driver’s about who was at fault. Riders already face unfair assumptions on the road, so it is important not to give an insurer another excuse to doubt your claim.
If you are able, stay calm, move to a safe location, and cooperate with the responding officers. Share the facts as you remember them without guessing or speculating. Let the investigation process work for you instead of against you.
2. Do Not Refuse or Delay Medical Treatment
After a collision, many riders feel an adrenaline rush and tell themselves they are “fine” or “just sore.” Unfortunately, serious injuries are not always obvious at the scene. A motorcycle accident injury to the head, spine, or internal organs can worsen over hours or days if it is not diagnosed promptly.
Saying no to immediate medical treatment can hurt both your health and your legal claim. When there is a gap between the date of the motorcycle accident and the first documented care, insurers often argue that your injuries must have come from something else. They may insist the crash was minor or that you are exaggerating.
Getting evaluated by paramedics, visiting an emergency department, or seeing your doctor as soon as possible creates a clear record that ties your symptoms to the crash. It also helps you catch hidden problems before they become emergencies. If you are injured after a motorcycle accident, err on the side of getting checked out. Your future self will likely be grateful you did.
3. Do Not Admit Fault or Argue About What Happened
The scene of a motorcycle crash is not the place to hash out legal blame. Emotions can run high. Drivers may be angry, embarrassed, or defensive. You might catch yourself wanting to apologize just to keep the peace, even if you did nothing wrong.
Statements like “I’m sorry” or “I should have seen you” can be twisted later as admissions about who was at fault. On the other hand, aggressive arguments on the roadside rarely change anyone’s mind and may distract you from focusing on your injuries, the officers, and the evidence around you.
A better approach is calm and simple. Provide your contact and insurance information, answer basic questions from police, and avoid debating every detail of what happened with the other driver. There will be time later for careful investigation, accident reconstruction, and legal analysis. For now, keeping your comments measured and factual protects you more than trying to win an argument on the shoulder of the road.
4. Do Not Give a Recorded Statement or Sign Forms Too Quickly
Soon after the wreck, you may get calls from adjusters asking for a recorded statement. They may sound friendly or “just curious” about how you are doing, but their job is to limit the insurance company’s financial exposure. Anything you say can be used to reduce or deny your claim, especially if you do not yet know the full extent of your injuries.
You should be very cautious about:
- Agreeing to a recorded statement before you have spoken with a motorcycle accident lawyer
- Accepting a quick settlement offer when your medical treatment is still ongoing
- Signing broad medical releases that allow the insurer to dig through unrelated medical history
- Guessing about your speed, the color of lights, or your injuries instead of saying you are not sure
A brief phone call can seem harmless, yet a single word or phrase taken out of context can cause problems months later. Before giving an insurance company statement, talk with an attorney who can guide you on what is appropriate to share and what should wait until the facts are fully understood.
5. Do Not Broadcast Your Accident on Social Media
In the age of smartphones, it is tempting to post photos or updates about everything that happens, especially something as dramatic as a motorcycle accident. You might want to reassure friends and family that you are okay or vent about the other driver. Unfortunately, insurance companies and defense lawyers monitor social media very closely.
To protect yourself, avoid:
- Posting photos or videos of the crash scene, your injuries, or your bike
- Describing how the accident happened or speculating about who was at fault
- Sharing “good days” activities that could be misrepresented as proof you are not really hurt
- Commenting on other people’s posts that mention your accident
Even innocent posts can be taken out of context. A picture of you smiling at a family gathering might be used to argue that your pain is not serious. A short message saying you are “doing better” could be twisted to suggest you made a full recovery. When in doubt, keep details off social media until your case is resolved.
How Evidence After a Motorcycle Crash Can Help Your Case
While this article focuses on what not to do, it is also important to understand the positive steps that can support your claim. Quality evidence can make a significant difference in how an adjuster, judge, or jury views your case, especially when they may not fully understand the realities of riding.
Helpful evidence often includes photographs of the scene, vehicle damage, road markings, and visible injuries. Names and contact information for witnesses can also be invaluable. When combined with the police report, this information helps your legal team tell a clear story about what happened and why.
If you are able, or if a friend can assist, consider gathering:
- Photos of the roadway, skid marks, and traffic signs or signals
- Close-up images of your helmet, gear, and damage to your motorcycle
- Contact details for any witnesses who stopped to help or saw the crash
- Information about nearby businesses that may have security cameras
You do not need to risk your safety to collect these details, and medical care should always come first. Still, even a few quick photos taken before vehicles are moved can provide valuable context later.
Insurance Company Tactics After Motorcycle Accidents
Insurance companies are businesses, and their goal is to pay as little as possible on every claim. When riders are involved, adjusters may rely on stereotypes about speed, risk-taking, or lane positioning to argue that the motorcyclist must have been to blame. Recognizing these tactics can help you prepare for them.
You might hear comments suggesting that you were going “too fast for conditions,” even if you were under the limit, or that you should have somehow avoided a driver who pulled out without looking. Adjusters may question your choice of clothing, your lane position, or your decision to ride at a certain time of day. All of this is often used to try to shift fault away from the driver who caused the crash.
Having knowledgeable motorcycle accident attorneys on your side can balance the scales. An attorney understands how to challenge unfair assumptions, bring in expert analysis if needed, and highlight the choices the other driver made that created the danger in the first place. You deserve an evaluation based on facts, not on myths about riders.
Why Legal Guidance Matters After a Motorcycle Accident
Trying to handle a serious claim on your own while you are recovering from a motorcycle accident injury is a heavy burden. There are medical appointments to attend, repairs or replacement of your bike to deal with, and income worries to manage if you are off work. Adding negotiations with an insurer on top of that can quickly become overwhelming.
A skilled motorcycle accident lawyer can take on the legal and procedural work so you can focus more fully on healing. This includes reviewing the police report, analyzing medical records, gathering additional evidence, and explaining each step in the process in plain language. A good attorney is not there just to file paperwork. They are there to help protect your future and push back when an insurer tries to undervalue what you have been through.
Contact a Motorcycle Accident Lawyer Today
If you have been injured after a motorcycle accident in Nebraska or Iowa, you do not have to face the aftermath alone. The at-fault driver’s insurer will be working from day one to protect its own interests. You deserve a strong advocate who understands what riders face and how motorcycle accidents really happen.
Hauptman O’Brien represents injured motorcyclists throughout Omaha, South Omaha, Bellevue, Lincoln, Council Bluffs, Sioux City and surrounding communities. Our motorcycle accident attorneys bring decades of combined experience, personalized attention, and a deep commitment to protecting your rights. When you reach out to our firm, you speak directly with an attorney who will listen carefully, answer your questions, and outline practical next steps. Your consultation is free, and you pay no attorney fees unless we obtain a recovery for you.
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