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Home › Personal Injury › Motorcycle Accident › What to Do After
Missouri · Motorcycle Accident Attorney

What to Do After a
Motorcycle Accident in Missouri

After a crash, most people are in shock. Knowing what to do in the first minutes and hours can protect both your health and your right to compensation. The steps you take — or fail to take — immediately after a motorcycle accident can determine whether an insurance company pays what your claim is worth or finds a reason to deny or minimize it.

Bur Oak Injury Law helps injured motorcyclists throughout central Missouri get the full recovery they deserve. Attorney Chris Miller is a former Missouri government attorney who administered the DWC and now fights for injured Missourians — no fee unless we win.

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Immediate steps

At the Scene: What to Do Right After the Crash

The actions you take in the minutes after a motorcycle accident directly affect both your physical recovery and the strength of any legal claim. Follow these steps if you are physically able to do so.

  1. 1
    Check yourself and others for injuries — call 911 immediately Even if you feel fine, call 911. Emergency adrenaline can mask serious injuries. Getting police and EMS on the scene quickly protects both your health and your legal record.
  2. 2
    Do NOT remove your helmet unless medically necessary Removing a helmet after a crash can worsen a neck or spinal injury. Leave it in place until paramedics assess you, unless you are in immediate danger and must move.
  3. 3
    Stay at the scene — leaving is illegal Missouri law requires drivers involved in accidents to remain at the scene. Leaving — even briefly — can result in criminal charges and seriously damage your civil claim. Under §577.060 RSMo, leaving the scene of an accident involving injury is a felony.
  4. 4
    Call 911 — get police and EMS on the scene A police report is one of the most important documents in your case. Missouri's accident reporting requirements (§303.040 RSMo) require reporting crashes involving injury or significant property damage. An official report establishes what happened before memories fade or stories change.
  5. 5
    Exchange information with other drivers Get the full name, address, phone number, driver's license number, license plate, and insurance company and policy number from every driver involved. If there are multiple vehicles, get all of them.
  6. 6
    Document the scene with photos and video If you are able, photograph both vehicles, skid marks, debris, road conditions, traffic signals, weather conditions, and your injuries. Take wide shots and close-ups. These photos can be critical evidence — road conditions and skid marks disappear quickly.
  7. 7
    Get witness contact information Bystanders and other drivers who saw the crash may not stay long. Get names and phone numbers while they are still present. Independent witness testimony can be the deciding factor in disputed-fault cases.
  8. 8
    Do NOT apologize or admit fault to anyone Even a simple "I'm sorry" can be used against you as an admission of fault. Do not discuss who was at fault with the other driver, witnesses, or anyone at the scene. Fault is determined by evidence, not roadside conversation.
After the crash

In the Days After: Protecting Your Health and Your Claim

What you do in the days following a motorcycle accident is just as important as what you do at the scene. Insurance companies look closely at the period immediately after a crash to find reasons to reduce your payout.

  1. 1
    Seek medical attention — even if you feel fine Adrenaline masks pain. Internal injuries, traumatic brain injuries, and spinal damage may not be apparent for hours or days. See a doctor within 24 hours of the crash. A gap in medical care is one of the first things an insurance adjuster uses to argue your injuries were not serious. See our page on common motorcycle accident injuries in Missouri to understand what to watch for.
  2. 2
    Keep all medical records, bills, and treatment notes Save every document related to your care — emergency room records, physician notes, imaging results, physical therapy records, prescription receipts, and medical bills. These documents form the foundation of your damages claim.
  3. 3
    Notify your own insurance company — but give limited information Missouri law may require you to notify your own insurer promptly. Provide basic facts — date, location, vehicles involved — but do not give a detailed recorded statement until you have spoken with an attorney. Your own insurer also has interests that may not align with yours.
  4. 4
    Do NOT give a recorded statement to the at-fault driver's insurer The other driver's insurance company will likely contact you quickly. You are not required to give a recorded statement to an adverse insurer. Adjusters are trained to ask questions designed to minimize your claim. Do not speak with them without an attorney present.
  5. 5
    Do NOT post about the accident on social media Insurance companies and defense attorneys routinely monitor social media after accidents. A photo of you standing, smiling, or appearing physically active — even weeks later — can be used to dispute the severity of your injuries. Stay off social media regarding the crash and your recovery.
  6. 6
    Document your injuries with ongoing photos Photograph your injuries regularly as they heal. Bruising, road rash, swelling, and surgical scars tell a powerful visual story of what you endured. Date each photograph. This documentation supports non-economic damage claims like pain and suffering.
  7. 7
    Keep a pain and recovery journal Write down daily notes about your pain levels, sleep disruption, activities you cannot perform, emotional impact, and how your injuries affect your daily life. A consistent journal makes non-economic damages more concrete and harder for insurers to dispute.
What not to do

Common Mistakes That Hurt Your Motorcycle Accident Claim

Even injured riders with strong cases can undermine their recovery by making avoidable mistakes. These are the most common errors that insurance companies exploit.

Legal representation

When to Call an Attorney After a Motorcycle Accident

You should contact Bur Oak Injury Law as soon as possible after a motorcycle accident if any of the following are true:

  • ✓You have any injuries — including injuries you think are minor
  • ✓The at-fault driver or their insurer is disputing fault
  • ✓An insurance adjuster has contacted you asking for a statement
  • ✓You have been offered a settlement by any insurer
  • ✓Your medical bills are mounting and you cannot work
  • ✓You are unsure of your rights or what your claim is worth

Under Missouri's statute of limitations at §516.120 RSMo, you generally have five years from the date of a motorcycle accident to file a personal injury claim. If a crash results in a fatality, wrongful death claims carry a shorter three-year window under §537.100 RSMo. Waiting allows evidence to disappear, witnesses to forget, and insurance companies to build their defenses. The sooner you contact an attorney, the more options you have.

Chris Miller — Former Missouri government attorney — administered the DWC
Chris Miller is a former Missouri government attorney who administered the Division of Workers' Compensation who now fights for injured Missourians. He has successfully argued before the Missouri Supreme Court, winning a case that expanded the rights of working Missourians statewide. At Bur Oak Injury Law, he handles every case personally — no associates, no handoffs. Free consultation, no fee unless you win. Call (573) 499-0200.
Common questions

Frequently Asked Questions — What to Do After a Motorcycle Accident

Yes, always. A police report creates an official record and helps prove what happened. Even in minor crashes, Missouri law requires reporting accidents involving injury or significant property damage. Under Missouri's accident reporting requirements, a written report must be filed with the Missouri Department of Revenue within 30 days when injuries occur or property damage exceeds $500. Without a police report, it becomes your word against the other driver's — and insurers tend to benefit from that ambiguity.
Get the police report number as soon as possible — it will contain the other driver's information. Your attorney can also help track down vehicle ownership through the license plate. Even if you left the scene without exchanging information, the police report, witness accounts, and surveillance footage can help establish who was involved. Contact an attorney as soon as possible so this work can begin before evidence disappears.
Five years from the date of the accident under Missouri's statute of limitations (§516.120 RSMo). However, waiting too long can make it harder to gather evidence and witness testimony, so contact an attorney as soon as possible. Wrongful death claims arising from a motorcycle accident have a shorter three-year window under §537.100 RSMo. Missing either deadline permanently extinguishes your right to compensation.
Missouri follows a pure comparative fault system under §537.765 RSMo — you can recover damages even if you were partially at fault, though your compensation is reduced by your percentage of fault. Don't assume you can't recover just because you may have contributed to the crash. Insurance companies often exaggerate a rider's share of fault to justify a lower payout. An attorney can counter those arguments with evidence and push back on inflated fault allocations.
Related pages

More Motorcycle Accident Resources

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The main motorcycle accident page — causes, compensation, the legal process, and how Bur Oak Injury Law can help.
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Motorcycle Accident Injuries

Common injuries from motorcycle crashes in Missouri — TBI, spinal trauma, road rash, fractures, and what they mean for your claim.
Personal Injury

Personal Injury Overview

All personal injury practice areas at Bur Oak Injury Law — accidents, injuries, wrongful death, and insurance disputes.
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