
Step 1: Prioritize Your Safety and Medical Care
Your health is the top priority. After a crash, call 911 immediately, even if the other driver has fled. Emergency responders can assist with injuries and file an official report. If you’re able, move to a safe location and accept medical attention at the scene or visit a hospital shortly after. Documenting your injuries early creates a critical paper trail for your case.Step 2: Report the Hit-and-Run to Law Enforcement
In Washington, failing to stop at the scene of an accident is a criminal offense. According to RCW 46.52.020, drivers involved in an accident resulting in injury or death must remain at the scene and provide their name, address, and vehicle information. When someone flees, it becomes a hit-and-run felony offense if injuries are involved. Make sure you file a police report, even if you believe the chances of finding the driver are slim. This report serves as essential documentation for your insurance claim and any future legal action.Step 3: Gather Any Evidence You Can
If possible, take photographs of the scene, your injuries, and any debris or damage to your motorcycle. Try to note or recall any identifying details of the fleeing vehicle—make, model, color, or even partial license plate numbers. Speak with witnesses and ask for their contact information; their statements can be crucial in confirming the facts of the crash. Surveillance footage from nearby businesses or residences may also help identify the hit-and-run driver. A skilled attorney can assist in locating and securing this footage before it’s erased or recorded over.Step 4: Understand How Insurance Works in Hit-and-Run Cases
This is where things often get confusing for victims—but Washington State law offers protection. If the at-fault driver is never found, your own auto insurance policy becomes the primary source of compensation. Washington insurers are required to offer Uninsured Motorist (UM) coverage as part of every policy unless you reject it in writing. If you’ve accepted UM coverage, it typically covers:- Medical expenses
- Lost wages
- Pain and suffering
- Motorcycle repairs or replacement
Step 5: Work With a Personal Injury Attorney
Hit-and-run cases are more complicated than standard accidents. There’s often no defendant to sue, so you’ll need to negotiate directly with your insurance provider—who may attempt to minimize or deny your claim. Working with an experienced motorcycle accident attorney can make all the difference. At Abeyta Nelson, we understand Washington’s motor vehicle insurance laws and the unique challenges motorcyclists face. We can:- Handle communication with your insurer
- Document and prove your damages
- Explore all possible sources of compensation
- Help you file a civil claim if the hit-and-run driver is later found
Common Motorcycle Injuries
1. Head & Brain Injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) are common, especially without a helmet.
2. Broken Bones: Fractures in the arms, legs, ribs, and collarbone often result from being thrown off the bike or crushed under it.
3. Road Rash: Sliding across pavement can cause deep skin abrasions that may require grafting and carry a high risk of infection.
4. Spinal & Back Injuries: Impact on the spine can lead to herniated discs, nerve damage, or paralysis in severe cases.
5. Internal Injuries: Blunt trauma can damage internal organs like the lungs, liver, or spleen, sometimes without immediate symptoms.
6. Emotional Trauma: PTSD, anxiety, and depression are not uncommon after a serious motorcycle crash.
What If the Hit-and-Run Driver Is Identified?
If law enforcement identifies the driver, you may be able to pursue a personal injury lawsuit directly against them. This could lead to compensation beyond what your own insurance covers, including punitive damages in cases of egregious conduct. Additionally, if the driver is caught and criminally charged, their conviction can be used as evidence in your civil claim.Protect Yourself Before It Happens: Review Your Motorcycle Policy
We urge all Washington motorcyclists to check their policies today—not after a crash. In addition to Uninsured Motorist coverage, consider adding:- Personal Injury Protection (PIP) if available
- Underinsured Motorist (UIM) coverage
- Collision and comprehensive coverage