Today’s motorcyclists are particularly vulnerable to accidents on Birmingham’s busy roads. This negligence can cause you to suffer severe physical injuries and personal losses. That said, Morris Bart & Associates, LLC can help you hold the right parties accountable.
Our motorcycle accident attorneys in Birmingham 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’s come for you to pursue a motorcycle accident complaint, you can meet with our representatives and determine how to move your case forward.
Assessing Your Damages After a Motorcycle Accident
Motorcycle accidents can leave you with more bills than you know how to contend with. Filing a motorcycle accident complaint 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 attorneys, 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, in accordance with 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 bring a suit against 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 complaint for local civil courts to consider.
Contributory Negligence in Alabama
Alabama follows strict contributory negligence rules. 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 have to compensate you for your injuries. This is true even if you are only 1% to blame 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.
Birmingham Motorcycle Accident Lawyer Near Me (205) 380-4158
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 Negligence 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.
All that said, you have a limited time to act against state representatives. Alabama Code § 11-47-23 gives you six months to file a municipality claim. File outside of that deadline, and you’ll see your claim blocked by the state’s statute of limitations instead of any governmental immunities.
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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 attorneys.
How do We Build Your Motorcycle Accident Case?
Establishing liability is the first step we take in drafting your larger legal complaint. If you want to bring your motorcycle losses to court, Birmingham, AL, motorcycle accident attorneys 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 complaint. We’ll subsequently need to consider evidence taken from the scene of your accident to determine who to hold responsible for your losses. We can then present that evidence alongside your complaint to back your claim.
Evidence that most often finds its way into motorcycle accident civil complaints 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 to which you may be entitled after a motorcycle accident will differ depending on the extent of the losses you suffered. In most cases, your compensation can include:
- Your relevant medical records
- Medical bills
- Repair or replacement estimates for your motorcycle
- Receipts of 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.
Will Health Insurance Cover You in a Birmingham Motorcycle Accident?
If you have health insurance, you may choose to 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 are paid. Even with health insurance, you could be expected 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 they help 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 the team with Morris Bart 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 off the bat, 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
Alabama 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 have an obligation to look out for you while you’re on the road. That doesn’t mean that you’re absolved of personal responsibility, though. 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 Alabama Code § 32-5A-245, you are legally required to wear a helmet to operate a motorcycle.
Alabama additionally expects its 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 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.
Speak With Morris Bart & Associates, LLC Today
Morris Bart & Associates, LLC 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 online or in the office to schedule your free case evaluation.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.