A moped accident in Birmingham, Al, is unique in several ways. For instance, it could lead to severe bodily harm and impairment. Furthermore, even after confirming your injuries and damages, it’s still hard to get the expected compensation amount due to the state’s contributory negligence doctrine and hospital lien statute. Only a reliable moped accident lawyer in Birmingham can fight for your rights and negotiate a favorable settlement.
Have you had an accident involving a moped? A moped accident lawyer from Morris Bart LLC is here to help you overcome the legal complexities, cunning insurance adjusters, and defendants who are always out to prove that you’re partly responsible for the accident.
An Overview of Alabama’s Moped Laws
Moped accidents are commonplace in Birmingham, Alabama. If you’ve had this awful experience, an in-depth understanding of the relevant laws will help you seek the deserved compensation. Don’t fear if you aren’t conversant with the state laws; a reputable attorney will help you maneuver the legal complexities to get a favorable outcome.
Alabama laws generally treat moped users as other motorists. For instance, they’re entitled to use full traffic lanes. On the other hand, the rider shouldn’t pass another driver while on the same lane and shouldn’t ride more than two side by side in one lane.
“Lane splitting” is also discouraged by the state laws. Moped riders sometimes try to pass other drivers during slow traffic. Driving between cars is not only quite dangerous but also illegal.
The helmet law requires all moped users to have their helmets while driving. Finally, every rider on the roadway must have no less than one and not over two headlights on. This applies 30 minutes before sunset to 30 minutes after sunrise.
The Contributory Negligence Doctrine
Notably, the state follows the contributory negligence doctrine, a defense used by the at-fault party sued for causing property damage and bodily harm. The defendant would claim that you’re partly to blame for the accident, which could prevent you from receiving your full compensation if you were in any way at fault.
So even if you prove negligence, the responsible party may still part without paying a dime for damages. This makes it more crucial to contact a reliable Birmingham moped accident lawyer.
The Hospital Lien Statute
The state laws grant healthcare providers a lien against accident victims to cover the incurred medical expenses. The hospital will assert its lien for the entire bill, unlike most scenarios where insurers accept a lesser amount.
This can substantially affect your lawsuit as the lien amount can surpass the available funds to compensate you. A reliable moped accident attorney in Birmingham can aid lienholder negotiations to ensure you get an amount that can sustain all your needs.
For a free legal consultation with a Moped Accident lawyer serving Birmingham, call (205) 380-4158
What’s the Deadline for Filing a Moped Accident Claim in Birmingham, AL?
Like other states, the timeframe for filing a moped injury claim in Birmingham, Alabama, is defined by the state’s statute of limitations. Alabama Code §6-2-38 sets a deadline of two years for all personal injury actions.
The same two-year limitation applies if the moped accident was fatal, and the deceased person’s representative wishes to file a wrongful death lawsuit. If your lawsuit only involves property damage, the limit extends to six years, as highlighted in Alabama Code §6-2-34.
Types of Compensatory Damages
The severity of your injuries will determine the compensation amount that you will receive. Typically, moped accident compensations are classified in these categories:
These are the tangible losses associated with moped accidents. They’re more concrete, can easily be documented, and easily calculated by assigning actual dollar amounts. They include:
- Medical expenses (including future therapies)
- Property damage
- Property loss
- Household expenses
- Costs associated with altered plans and canceled trips
- Lifestyle adjustments
- Lost income
- Funeral costs
Unlike their tangible economic counterparts, non-economic damages are more subjective. They cover actual harms, but it’s harder to attach dollar amounts to them. They’re also intangible, hence harder to compute.
- Mental anguish
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
- Lower quality of life
- Loss of companionship or consortium
How a Moped Accident Lawyer in Birmingham Can Help You Build a Strong Case
Most moped accident victims believe that the facts of their cases are too straightforward, and they can successfully file a claim by themselves–don’t make this mistake, especially if you don’t have a grasp of the relevant laws.
A moped accident lawyer primarily aims to help you recover the deserved compensation. With their vast experience in similar cases, they’re better placed to deliver a favorable outcome. They can help in the following ways:
- Evidence gathering – The at-fault party or insurance company will always deny the claim or offer a lower settlement amount. An attorney will obtain extensive evidence to prove the other party’s liability.
- Protect your rights – If you don’t understand your entitlements, the at-fault party and insurance company can easily swindle and mistreat you. An attorney will clarify your rights and privileges and ensure you always get the deserved treatment and fair compensation.
- Communicating with insurance providers – Your attorney will build a relationship with both parties’ insurance providers and establish a communication line with them to ensure the case goes in your favor.
- Proving damages – After a moped accident, you may not be able to gather documents to prove damages. An attorney will find the necessary evidence, physician verification, and documentation to prove that the accident caused the damages and injuries.
- Influencing the right choices – Inadequate legal information may complicate the entire process, from recording the incident to the potential compensation. A lawyer will guide you through and help you avoid common mistakes and make the right choices.
- Facilitating faster compensation – A personal injury claims process can be complex if you’re alone. You must recuperate fully to find accurate medical costs and work through the legal process, but when you have a lawyer, they’ll make your case strong, handle negotiations, and aid faster remuneration.
Let a Reputable Birmingham Moped Accident Attorney Handle Your Case
The Morris Bart law firm is a reliable institution comprising experienced legal professionals committed to fighting for your rights and achieving a favorable case outcome. With over four decades of experience, you can be sure of sufficient legal protection and apt guidance. Contact us to schedule a free consultation to discuss the concerns of your case.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.