Brain injuries are among the most severe consequences that can result from a motorcycle accident. A brain injury can range from mild concussions to traumatic brain injuries (TBIs), significantly altering a person’s physical and cognitive capabilities. That’s why the steps you take immediately after an accident are critical for your health, recovery, and legal rights. 

Whether you’re in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, or Arizona, understanding what to do after suffering a brain injury in a motorcycle accident is essential. At Craig Swapp & Associates, our experienced brain injury attorneys have helped countless victims and their families involved in traffic accidents, including motorcycles, protect their rights and pursue the compensation they deserve. 

Immediate Steps to Take After a Motorcycle Accident

1. Seek Emergency Medical Attention

After a motorcycle accident, your priority should be your health. Call 911 or ask someone else to do so, even if you believe your injury is minor. Emergency responders can evaluate you for a possible brain injury and provide the necessary treatment.

  • Early diagnosis is essential for two reasons:
  • Immediate treatment can prevent complications or further injury.

Medical records create crucial documentation linking the brain injury to the motorcycle accident, which is vital for any future insurance or legal claim. After initial emergency treatment, follow your doctor’s instructions carefully. This may include:

  • Undergoing CT scans, MRIs, or other imaging to diagnose the brain injury
  • Attending follow-up appointments with neurologists or other specialists
  • Taking prescribed medications
  • Following recommendations for physical, occupational, or cognitive therapy

Strictly adhering to your treatment plan demonstrates the seriousness of your brain injury and is essential for your recovery. Insurance companies may try to argue that a lack of follow-up care means your injuries are not as severe as claimed.

2. Recognize Signs and Symptoms of a Brain Injury 

One of the most important actions to take after a motorcycle accident is to recognize the signs of a possible brain injury. 

A brain injury from a motorcycle accident can present in many ways, including:

  • Loss of consciousness (even briefly)
  • Headaches or migraines
  • Nausea or vomiting
  • Dizziness or loss of balance
  • Confusion, memory loss, or trouble concentrating
  • Slurred speech
  • Changes in mood or behavior
  • Sensitivity to light or sound
  • Seizures

Symptoms may appear immediately after the motorcycle accident, or they can be delayed for hours or days. Even if you feel “okay” after the crash, some brain injuries are not immediately apparent. That’s why seeking medical attention is absolutely critical.

Note: Brain injuries can evolve over time. New symptoms may emerge days or weeks after the initial motorcycle accident injury. Report any changes in your physical, cognitive, or emotional health to your healthcare provider immediately.

3. Document Everything

If you are physically able or have a trusted person with you, gather as much information after the accident:

  • Take photos and videos of the accident site, your motorcycle, the other vehicle(s), your injuries, and the surrounding area.
  • Collect contact information for witnesses.
  • Record weather conditions, road hazards, and any other factors that may have contributed to the motorcycle accident injury.
  • Write down your recollection of the events as soon as possible, while details are fresh.

Also, save copies of all medical records, test results, prescriptions, therapy notes, and receipts related to your brain injury. This documentation will be key evidence when seeking compensation for your injuries and losses.

What Are Recoverable Damages for Suffering a Brain Injury in a Motorcycle Accident?

Brain injuries often have long-term effects, both visible and invisible. 

Recoverable damages for suffering a brain injury in a motorcycle accident may include:

Economic Damages

These are the financial losses resulting from a motorcycle accident brain injury, including:

  • Medical expenses (past, present, and future)
  • Hospitalization, surgeries, and rehabilitation
  • Prescription medications and assistive devices
  • Lost income and reduced earning capacity
  • Costs of home care or modifications

Non-Economic Damages

Brain injuries often cause profound emotional and psychological harm. You may be entitled to compensation for:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship or consortium

Quantifying these losses requires detailed documentation and, often, testimony from medical and vocational experts.

Punitive Damages

In some states, punitive damages may be available if the motorcycle accident injury was caused by someone’s reckless or intentional misconduct (for example, drunk driving). These are awarded to punish the wrongdoer and deter similar conduct.

Who Can Be Held Liable for a Motorcycle Accident Brain Injury?

Determining who is liable for a motorcycle accident brain injury is a crucial step in seeking compensation after suffering a brain injury in a motorcycle accident. Liability in these cases is often complex, as multiple parties may share responsibility for the accident and resulting injuries. 

Negligent Drivers

The most common scenario involves another motorist whose negligence caused the motorcycle accident injury. Examples of driver negligence include:

  • Failing to yield the right of way
  • Distracted driving (such as texting or using a mobile device)
  • Driving under the influence of alcohol or drugs
  • Speeding or reckless driving
  • Ignoring traffic signals or signs

If another driver’s careless actions resulted in a brain injury from a motorcycle accident, that driver and their insurance company may be held liable for damages.

Vehicle or Motorcycle Manufacturers

Sometimes, a motorcycle accident brain injury occurs due to a mechanical defect, such as faulty brakes, steering, or tires. If a defective motorcycle or vehicle part contributed to the accident, the manufacturer, distributor, or even the repair shop could be held liable through a product liability claim.

Government Entities

Poorly designed, constructed, or maintained roads can contribute to serious accidents. Hazards like potholes, lack of warning signs, dangerous curves, or debris in the roadway may be grounds for a claim against the government agency responsible for road maintenance. These cases involve special rules and deadlines, so it’s important to consult a brain injury lawyer as soon as possible.

Other Third Parties

Other parties that could potentially share responsibility include:

  • Construction companies creating unsafe work zones
  • Pedestrians or cyclists who suddenly enter the roadway

Proving who is liable for a motorcycle accident brain injury requires a thorough investigation and strong legal knowledge. By holding all liable parties accountable, you can increase your chances of securing full and fair compensation after suffering a brain injury in a motorcycle accident.

Can a Brain Injury Caused by a Motorcycle Accident Lead to Death? 

Yes. According to the National Safety Council (NSC), although motorcyclists represented only 3% of registered vehicles in 2023, 15.5% of all U.S. traffic deaths and 3.4% of crash injuries are accounted to motorcycles. 

Potential complications that can arise after a motorcycle accident brain injury include:

  • Brain Swelling: Swelling may worsen over time, increasing pressure within the skull and potentially causing further brain damage or death if not promptly treated.
  • Bleeding: Some brain injuries result in slow bleeding, which can go undetected and become fatal if not addressed.
  • Infections: Open head wounds or skull fractures increase the risk of infection, which can be deadly if it spreads to brain tissue (meningitis or abscesses).
  • Blood Clots: Traumatic brain injuries may cause blood clots that block vital blood flow, potentially leading to strokes or fatal outcomes.
  • Seizures: Some brain injuries cause seizures or post-traumatic epilepsy, which can be dangerous and, in rare cases, fatal.
  • Long-term Degeneration: Repeated or severe brain injuries can contribute to degenerative brain diseases, which can reduce life expectancy.

Even a brain injury that appears mild initially can have delayed effects. For families, it’s important to know that motorcycle accident death claims may be available when a loved one passes away due to complications from a brain injury caused by a motorcycle accident. A brain injury lawyer can help uphold their rights and seek compensation for their loss.

Statute of Limitations for Motorcycle Accident Claims

Each state has specific deadlines known as statutes of limitations, dictating how long you have to file a personal injury lawsuit. These deadlines vary significantly across states, from 1 year to 4 years.

Missing the time limitations will result in losing your right to file a motorcycle accident brain injury claim entirely. Consulting an attorney promptly ensures you meet these crucial legal deadlines.

The longer you delay seeking legal advice, the more challenging it becomes to preserve vital evidence and witness testimonies. Early intervention ensures your attorney can quickly start building your case while evidence remains fresh and accessible.

Why You Need a Brain Injury Attorney After a Motorcycle Accident

Pursuing compensation after suffering a brain injury in a motorcycle accident is a complicated and high-stakes process. Insurance companies are known for downplaying claims, especially those involving traumatic brain injuries. Having a skilled brain injury lawyer on your side ensures your rights are protected.

A brain injury attorney can:

  • Conduct a thorough investigation of the motorcycle accident
  • Gather and preserve vital evidence
  • Work with medical experts to establish the impact of the brain injury from a motorcycle accident 
  • Accurately value all current and future damages
  • Negotiate aggressively with insurance companies
  • Prepare your case for trial, if necessary

A brain injury from a motorcycle accident can impact every area of your life, physically, emotionally, and financially. The steps you take immediately after suffering a brain injury in a motorcycle accident will shape your recovery and your ability to secure fair compensation.

If you or a loved one is facing the challenges of a motorcycle accident brain injury, don’t try to handle it alone. At Craig Swapp & Associates, our team is committed to helping victims of brain injury from a motorcycle accident reclaim their lives. Let a qualified brain injury lawyer stand by your side and fight for the justice and compensation you deserve.

Call us at (866) 779-8789 or fill out our contact form to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp