Motorcyclists are particularly vulnerable to accidents on Birmingham’s busy roads today. This negligence can cause you to suffer severe physical injuries and personal losses. That said, the Morris Bart law firm can help you hold the right parties accountable.
Our Birmingham motorcycle accident lawyer can help you file a claim for your injuries, losses, and financial damages. We will defend your right to compensation while you recover from your injuries. If the time comes for you to pursue a motorcycle accident case, you can meet with our representatives and determine how to move your case forward.
Assessing Your Damages After a Motorcycle Accident in Birmingham
Motorcycle accidents can leave you with more bills than you know how to deal with. Filing a motorcycle accident case allows you to take the first step toward addressing those bills. If you win your court case, you can request compensation to match what you’ve spent while on your road to recovery.
As your Birmingham personal injury lawyers, it’s our job to calculate what your post-accident damages might look like. In most cases, these involve both economic and non-economic losses otherwise tied up in your accident.
You must submit evidence affiliated with each of the losses that go into your estimated compensation. Fortunately, a motorcycle accident attorney in Birmingham can work with private investigators and local law enforcement to bring together the documentation we need to defend your request.
For a free legal consultation with a Motorcycle Accident lawyer serving Birmingham, call (205) 380-4158
Determining Fault in a Birmingham Motorcycle Accident
If you want to pursue financial compensation after a motorcycle accident, you need to know who to hold liable for your losses. Liability, or fault, falls to one party in Alabama, according to the state’s at-fault policy.
There are several parties that can be at fault for your accident beyond other motorists. Depending on the circumstances of your accident, you could sue a corporation, the government, a construction crew, or a pedestrian.
You cannot, however, hold someone accountable for your losses without providing evidence to back your claim. That’s why it’s often best to assess the scene of your accident for evidence before you declare a party liable for your losses. When you follow the evidence, you can more effectively craft a case for local civil courts to consider.
Contributory Negligence in Alabama
Alabama follows strict contributory negligence laws. If another driver caused your motorcycle accident, but you are in any way at fault, you will lose your right to seek repayment. The other driver’s insurer will not compensate you for your injuries. This is true even if you are only 1% responsible for the collision.
Insurance companies are familiar with Alabama’s fault laws and it’s in their best interest to assign a percentage of fault to you.
Who to Sue in a Motorcycle Accident
While it may be your instinct to blame a motorist for your motorcycle accident, there are other parties that a motorcycle accident lawyer in Birmingham, AL, can hold liable for your losses. These parties can include:
Corporations, Manufacturers, and Small Businesses
The people who make your motorcycle have an obligation to create a product that reacts reasonably to the stress of the road. Similarly, corporations and small businesses need to train their road-based employees well if they want to avoid accidents.
These responsibilities are known as an institution’s “duty of care.” Any representative who violates that duty of care can be held liable for your motorcycle accident losses. Instead of addressing a complaint to that individual, however, you’ll take your concerns up with their parent company.
Most institutions, including small businesses, have legal teams that can communicate with you on a negligent party’s behalf. Don’t let these teams frighten you out of legal action, though. So long as you have the evidence you need to back your claim, you have the right to bring your case forward for judicial consideration.
Pedestrians are vulnerable to harm on the road, but they are also expected to engage in behaviors that keep them safe. This means remaining on the sidewalk and obeying traffic signs. A pedestrian who fails to act in their own best interest can see that negligence results in an accident.
You, in turn, may have the right to take a pedestrian to civil court. You can work with an attorney to gather evidence of deliberate or accidental recklessness and submit it alongside your accident complaint.
Filing a Case Against Negligent Government Officials
There are unique circumstances under which government officials can be held liable for your motorcycle accident losses. In most cases, though, Alabama benefits from a concept known as sovereign immunity. The state constitution explicitly states that the state itself can never appear in court unless certain requirements are met.
If you want to argue that a state employee engaged in the negligence that resulted in your accident, you must indicate that the employee:
- Engaged in behaviors considered unreasonable, considering their position
- Acted in bad faith
- Acted contrary to an established law
In a roadway negligence case, this can involve the deliberate redelegation of funds meant to repair roads and the failure to warn motorists of dangerous conditions. That said, you can work with an attorney to further elaborate on instances that might see you bring a suit against Alabama representatives.
You have limited time to act against state representatives. Ala. Code § 11-47-23 gives you six months to file a municipality case. File outside of that deadline, and you’ll see your case blocked by the state’s statute of limitations instead of any governmental immunities.
Birmingham Motorcycle Accident FAQ
Insurance issues are common after motorcycle crashes. That’s why it’s best to stay informed. Get answers to frequently asked questions from Birmingham motorcycle accident lawyers.
How do We Build Your Motorcycle Accident Case?
Establishing liability is the first step we take in drafting your larger legal case. If you want to bring your motorcycle losses to court, Birmingham, AL, motorcycle accident lawyers will also need to:
Collect Evidence Backing Your Liability Claim and Request for Compensation
Before we can begin writing your request for compensation, we need to know to whom to address your case. We’ll subsequently need to consider evidence taken from the scene of your accident to determine who to hold responsible for your losses.
Evidence that most often finds its way into motorcycle accident civil cases includes:
- The police report filed at the accident scene
- Eyewitness statements
- Pictures, video, or other evidence from the scene
- Documentation of the damage to each vehicle
- Accident reconstruction
- Expert testimony, as applicable
If your case moves past a county clerk’s desk, our attorneys will elaborate on the value of your provided evidence in either court or negotiations. Your own statements regarding your accident may also serve as evidence. We can help you prepare these statements and will stand with you should the defendant or an insurance provider try to intimidate you out of your position.
Calculate Your Fair Compensation
The compensation you may be entitled to after a motorcycle accident will differ depending on the extent of your losses. In most cases, your compensation can include:
- Your relevant medical records
- Medical bills
- Repair or replacement estimates for your motorcycle
- Receipts for related expenses
- Documentation of other costs and losses
If you don’t have a bill to go along with a loss—pain and suffering, for example—our team can refer to state legal precedent and determine what the economic value of that damage may be. This way, you can request compensation for the emotional stress of an accident as well as the financial losses you faced.
Explain Your Options for Recovering Compensation
In general, most motorcycle accident victims have a couple of legal options after an accident. You may decide to:
- File an insurance claim
- File a personal injury lawsuit
- File a wrongful death lawsuit
If your loved one passed away in a motorcycle accident, we extend our condolences. Our firm can explain which option you should pursue for recovering compensation. We can also help you determine who is eligible to file a wrongful death case.
Will Health Insurance Cover You in a Birmingham Motorcycle Accident?
If you have health insurance, you could file a claim to cover the cost of medical treatment. Unfortunately, your policy may have a high deductible for you to meet before any benefits can be paid. Even with health insurance, you could expect to pay thousands of dollars out of pocket.
Additionally, accident victims are often offered low insurance payouts. Health insurance providers want to protect their own pockets before helping you recover from an accident. With that in mind, be prepared to fight for the financial support you deserve.
You don’t have to go into that fight alone, though. Instead, trust our team to stand up for you. Our motorcycle accident attorneys in Birmingham, AL, can communicate with a provider on your behalf, stopping intimidation attempts and insufficient settlement offers from the get-go.
Reacting to an Insurance Provider’s Settlement Offer
You do have an obligation to report a motorcycle accident to your insurance provider after you’ve suffered losses. There are some cases, though, wherein the other party’s provider may reach out to you with a settlement before you have time to seek legal action.
Do not be overwhelmed by a provider’s first settlement offer. While it may look large, many insurance providers under-offer during first contact.
Instead of accepting right away, take your offer to our firm. We can calculate an estimate of your possible compensation and compare it against your current offer. In turn, we can negotiate for better coverage on your behalf.
Alabama’s Statute of Limitations
Ala. Code § 6-2-38 puts a two-year deadline on most motorcycle accident cases. If you do not file a personal injury lawsuit in the first two years following your motorcycle accident, you may lose the right to do so later.
Contesting Accusations of Shared Fault
Other drivers should look out for you while on the road. However, that doesn’t mean that you’re absolved of personal responsibility. You must make a reasonable effort to keep yourself safe while on a motorcycle. Failure to do so can see you lose your right to legal action after an accident.
For example, motorcyclists caught without helmets may not be eligible to seek compensation for their accident losses. According to Ala. Code § 32-5A-245, you are legally required to wear a helmet to operate a motorcycle.
Alabama also expects motorcyclists to obey roadway laws and make themselves visible to other motorists in low light or poor conditions. That said, if you believe you upheld your duty to other drivers and are still facing undue accusations of fault, you can discuss your best legal response with one of our attorneys.
Morris Bart & Associates, LLC Serves Your Best Interests
We know that a motorcycle crash can leave you too injured to work. We don’t want you to worry about the cost of hiring motorcycle accident lawyers in Birmingham on top of everything else. Our firm operates on a contingency fee basis.
This means that you pay nothing upfront to work with us. According to our contingency fee contracts, we only collect payment if you receive a settlement or ruling in court.
Injuries Motorcycle Accident Victims in Birmingham Could Suffer
Motorcycles offer less protection than most other vehicles on the road. Because of this, you could sustain serious or even life-threatening wounds. Some of the common injuries you could suffer after a motorcycle collision include:
- Road rash
- Traumatic brain injuries (TBI) or other head injuries like concussions
- Cuts and bruises
- Internal bleeding
- Broken bones
- Neck injuries
- Muscle damage
In addition to these injuries, you may suffer property damage and hefty medical bills. Let our firm deal with your case so you can recover.
Speak With Morris Bart & Associates, LLC Today
The Morris Bart law firm can help you hold an at-fault party accountable for your motorcycle accident losses. You can discuss your legal options with a motorcycle accident lawyer in Birmingham, AL, within hours of your initial accident.
We can work with you to stay on top of state deadlines and fight for the financial support you need. Contact us for a free case evaluation.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.