If you suffered injuries on your bicycle because of a careless driver in southwestern Alabama, a Mobile, AL bicycle accident lawyer from the Morris Bart law firm may be able to help. Our attorneys serving Mobile County and the surrounding areas provide free consultations for bicycle vs. vehicle accident victims.
If possible, we will work to prove that the at-fault motorist caused your collision and the injuries and damages that resulted from it. Proving this allows us to file an insurance claim or lawsuit to recover the compensation you need to pay for medical care, lost wages, and more.
Common Bicycle Accident Injuries and Recoverable Damages
When a car strikes a bicyclist, the occupants of the passenger vehicle rarely suffer injuries. However, the cyclist may require emergency medical care for catastrophic injuries such as:
- Traumatic brain injuries (especially if the bicyclist was not wearing a helmet)
- Neck and back injuries
- Spinal cord injuries
- Limb injuries
- Internal injuries and internal bleeding
- “Road rash”
- Abrasions and contusions
Even if the vehicle was going relatively slowly, the cyclist will likely need to see a doctor to evaluate and diagnose any injuries. Therefore, most bike riders who are hurt in these accidents have medical bills and lost wages, even if they only have minor injuries.
The recoverable damages in bicycle accident cases often include:
- Current and future medical care
- Lost income from time missed at work
- Diminished earning capacity if there are long-term injuries
- Property damage
- Pain and suffering
- Additional intangible losses
Wrongful Death in a Mobile, AL Bicycle Crash
Unfortunately, many cyclists pass away from their injuries after being hit by a vehicle. If this occurred in your immediate family, you may be able to seek wrongful death damages under Ala. Code § 6-5-410.
In Alabama, this law does not allow you to recover compensatory damages. Instead, you can only hold the at-fault driver responsible if you can show they acted intentionally or in a very reckless way, which may allow your family to recover punitive damages. This is different from how wrongful death cases work in most states, so you will want a law firm well-versed in this type of claim in Alabama.
Our team represents clients in wrongful death cases and can review your potential case for free. You can expect our honest opinion about the strength and viability of your claim and the possibility of holding the at-fault party accountable.
For a free legal consultation with a Bicycle Accident lawyer serving Mobile, call (251) 298-8380
Morris Bart & Associates, LLC Represents Accident Victims in Mobile County
The Morris Bart law firm has 15 locations across the Gulf South, including one in Mobile. The location of the Morris Bart law office in Mobile is:
1 St. Louis Street
Mobile, AL 36602
We offer free case assessments in our office, your home, the hospital, or another location that works for you. We can also discuss your case over the phone or via teleconference as needed.
Our team of attorneys works to protect victims’ rights and pursue justice on their behalf. We seek financial compensation in every case we handle, and we know how to recover large payouts via negotiated settlements and at trial. In 2019 alone, we helped more than 6,500 clients recover money damages.
Proving Negligence and Liability in a Mobile Bicycle Accident Claim
There are two ways that we may be able to recover compensation for you after your Mobile collision:
- A claim against the at-fault driver’s auto liability policy
- A civil lawsuit against the driver who caused the crash
In most cases, we begin by investigating the accident and gathering evidence, which includes a wide array of information such as witness statements and accident reconstruction. We need to ensure that we can prove the at-fault party acted negligently, which requires showing:
- They had a duty to take a specific action to keep others safe
- They failed to take that action
- This directly led to the collision
- You suffered financial harm and physical and psychological injuries
For example, a driver is responsible for looking for bikes and other oncoming traffic before turning across an intersection. If the driver failed to yield the right of way and struck you, our evidence must document this. We will also use your relevant medical records to prove your injuries.
What If they Accuse Me of Contributing to the Crash?
In some cases, the insurer or liable party will try to blame all or some of the accident on the cyclist. This is a significant concern in Alabama because the state recognizes the pure contributory negligence doctrine. Under Golden v. McCurry (1980), you may not be able to recover compensation if you contributed to your accident in any way.
For example, they may claim that you failed to use lights or reflectors on your bike as required under local and state codes, which made it difficult to spot you in the bike lane. Our bicycle accident lawyers can often mitigate the effects of these accusations or prove the allegations are false.
How Long do I Have to Sue the At-Fault Driver?
Most bicycle accident cases never go to trial. We often negotiate fair settlement agreements without needing to sue the liable party. By presenting strong evidence to the insurance company and providing documentation of our client’s injuries and damages, we can usually obtain a just settlement.
When we need to sue, Ala. Code § 6-2-38 gives us up to two years to file the paperwork in a Mobile County court. Some exceptions could give you more time – however, they might also give you less time to act. You can learn more during your initial meeting with our team.
Speak with the Morris Bart & Associates, LLC Bicycle Accident Team Today
The Morris Bart law office in Mobile is ready to discuss your personal injury case today. We provide free consultations so we can learn the details of your case and help you understand your legal options. Call (251) 298-8380 now to get started.
Questions?Call (251) 298-8380
to find a Morris Bart office near you.