Birmingham Motorcycle Accident Lawyer
Few injuries are more devastating than the ones motorcycle wrecks can cause. Working with a Birmingham motorcycle crash lawyer can help ensure that you receive full compensation for the trauma you’ve endured.
Motorcycles are a unique way to enjoy Alabama’s natural beauty, and they can help you navigate busy highways like I-65 on your daily commute. Unfortunately, motorcycles aren’t as visible as cars are, and that could leave you seriously injured when other drivers aren’t cautious.
When you suffer injuries in a motorcycle crash caused by another person, you shouldn’t be expected to cover the costs that are rapidly accumulating. At the Henry Dailey Law Firm, we have the experience and dedication you need to recover what you’ve lost. Working with a Birmingham motorcycle accident attorney can give you the all-important edge in the fight for the compensation you deserve.
The Statute of Limitations for Birmingham Motorcycle Accidents
If you are seeking personal injury compensation from an individual or business, you have two years from the date of the accident to pursue damages. If a Birmingham government agency is liable for your motorcycle crash, you have six months.
Miss the deadline for your claim, and you have likely sacrificed your ability to recover compensation. That’s why it’s important to team up with a motorcycle accident lawyer in Birmingham as early as possible. An experienced attorney can streamline the filing process to make sure the statute of limitations doesn’t throw a wrench in your claim.
Fault and Cause in Motorcycle Wrecks
Injury claims in Alabama put plenty of focus on who is at fault in your accident, based on the fault laws that govern your case. It’s best to start thinking about who might be responsible as quickly as possible—you want your compensation quickly, and knowing who your defendant will be can streamline the process.
But you’re injured, which makes investigating all of this on your own even more overwhelming. An attorney, luckily, can help you determine the exact cause of your crash. This means you can spend more time recovering as your lawyer for motorcycle crashes in Birmingham investigates some of the following possible causes of your crash.
Government Agencies May Be Responsible
State and local government agencies are responsible for keeping the roadways safe. This includes removing any hazardous debris and filling in potholes in a timely manner, in addition to protecting drivers and passengers from any improper roadside construction work. If your injuries were a result of the negligence of government workers, the workers can be named in your personal injury claim.
Keep in mind that these types of cases aren’t easy to win—especially without legal help. In Alabama, you’ll likely run into trouble getting compensation from a government agency, so be sure you speak to a lawyer. We can give you a better chance of getting the full compensation you deserve.
When Motorcycle Parts Fail
When the manufacturer of your motorcycle assembled your bike, it had a duty to ensure it was using quality parts. If parts have become defective or recalled, manufacturers have a duty to notify you so you can get those parts replaced before you continue to operate your vehicle.
This doesn’t always happen, and when you fall victim to this mistake, we will make sure to hold the manufacturer responsible for your injuries.
There are plenty of ways your motorcycle accident could have happened, and determining who’s really at fault for the injuries you’ve suffered is vital to your case. But here’s the big picture: The most common cause of motorcycle accidents in Birmingham is other drivers. A driver can cause a motorcycle collision in numerous ways. A few of the most frequently seen are the following:
- Driving Under the Influence of Drugs or Alcohol – This can be an especially dangerous type of accident. The good news is that any criminal drunk driving charges can help your civil case. If the driver was convicted of drunk driving, your claim may have a better chance of success.
- Distracted Driving – Unfortunately, a lot of drivers aren’t paying attention, and for a motorcyclist, that’s especially dangerous. Proving that the other driving was texting, talking, or eating behind the wheel could be key for your case.
- Driving While Fatigued – Hit late at night while someone was driving drowsy? While you may be even less visible at night, other drivers still have a duty to watch for motorcycles—no matter how sleepy they are.
- Aggressive or Reckless Driving – If the other driver was speeding or swerving in and out of lanes, he or she was putting everyone on the road at risk. Sadly, this behavior might have left you severely injured.
When the driver of an automobile is found at fault, we will work to reach an agreement with his or her insurance company and perhaps seek compensation directly from the driver in court. With the support of a Birmingham motorcycle crash attorney, you can secure the compensation you need and hold the person who harmed you accountable for his or her actions.
Filing an Insurance Claim
When a serious Birmingham motorcycle accident has left you injured, your first option for compensation will likely be through an insurance company. Because Alabama is a “fault” state for insurance, you may be able to get the compensation you need from the insurance company of the person responsible.
When you’ve been in an accident, you’ll typically exchange insurance information with the other driver, and from there, you’ll be able to report your damages. Avoid any discussion of fault with the insurance company—your comments could be used against you later. You’ll simply file your claim with the insurance company, and from there, an adjuster will begin investigating.
An insurance adjuster will need to gather information about your case, such as the location and circumstances of the accident and how serious your damages are. Once the insurer has determined who was at fault, it will then calculate what your settlement is worth.
In rare cases, this may be all you need. You might have already filed your claim, and now you’ve gotten what appears to be a fair offer. But that’s not the case for every driver, and that’s especially rare for injured motorcyclists. “Reckless biker” stereotyping and deceptive tactics are common, and you may need a motorcycle injury lawyer in Birmingham to step in.
The Insurance Company’s Stereotypes
Motorcycle riders are often stigmatized as reckless drivers who don’t wear helmets and rev their engines menacingly to intimidate other drivers. While some motorcyclists might behave in this manner, we know they are the minority.
Still, the insurance companies use this misconception to their advantage. They will attempt to maximize their profits by using this reputation against you when negotiating the terms of your settlement.
The trouble you’ll get from the insurance companies won’t stop at stereotypes. While they’ll continue to use these so they can avoid paying for your damages, you may have trouble getting a settlement offer in the first place. Insurers may use some of the following tactics to avoid paying out when you’ve been injured:
- Offer a settlement that’s far less than what you need
- Respond slowly so you have less time to file a claim in court
- Refuse to respond to you at all
- Twist anything you say to prove you were at fault
- Ask for unnecessary information to delay or deny your claim
Fault and Contributory Negligence
Alabama is considered a “fault” state for insurance purposes. This means that whoever is found responsible for the motorcycle accident will have to pay. If the other driver’s insurance company can prove you had a partial role in the cause of the accident, it will not be required pay you anything for your injuries.
Additionally, having a role in your Birmingham motorcycle accident could bar you from pursuing personal injury compensation altogether. Because of the doctrine of pure contributory negligence our state follows, you won’t be entitled to compensation in a personal injury claim if you hold even 1 percent of the blame.
At the Henry Dailey Law Firm, we are dedicated to fighting back against insurance companies’ unfair treatment of motorcycle injury victims. A motorcycle accident lawyer from our Birmingham firm will stand by your side and do everything possible to ensure that the insurer doesn’t take advantage of you.
The Value of Your Injuries
Some of the most traumatic motor vehicle accident injuries are those involving motorcycles. Your motorcycle crash attorney in Birmingham will work alongside your physician to determine the extent of your injuries. Common injuries that motorcyclists face include damage to the lower extremities, such as the legs, hips, and knees, and upper-body injuries involving wounds to the head, neck, and spine.
Although these injuries have varying degrees of severity, if you require amputation of a limb, find yourself paralyzed, or suffer another debilitating condition that impedes your ability to work, the compensation you’re awarded should be much higher than that of someone suffering only bumps and bruises.
Collecting Your Compensation
To recover compensation after your Birmingham motorcycle crash, you will need to list and place a value on every damage you have suffered. This can be a difficult undertaking, but it’s one we’re happy to help you with.
We’ll help you make a list of both your economic and non-economic damages. The first will be easier to calculate because this covers all of your financial losses. These will be calculated based on your current bills and any future expenses you might have.
Non-economic damages cover any intangible losses from your accident. Since these are non-financial, they can be more difficult to calculate on your own, so consider speaking to a lawyer about including these damages.
You might be eligible for compensation for the following damages after a motorcycle crash:
- Medical bills
- Lost wages
- Motorcycle replacement or repair
- Pain and suffering
- Emotional trauma
- Reduced quality of life
Birmingham Motorcycle Accident FAQ
We have the answers to all the questions you have about your motorcycle crash and resulting injury claim. You’ll find the answers to a few common questions below.
What should I do if I’m involved in a collision?
Get evaluated by a medical professional, try to take pictures of the wreckage, make sure a police report is filed, exchange insurance information with the other driver, get help from a Birmingham motorcycle wreck attorney, and contact your insurance company to report the accident.
Will I still have a viable claim if I wasn’t wearing a helmet?
Alabama law requires motorcyclists to wear a helmet. Due to pure contributory negligence, if you were not wearing a helmet, the insurer could state that you were being reckless, and you could be found at least partially liable for your injury. In some cases, that could bar you from recovering compensation altogether.
Do I have to go to court if I file a suit?
Many claims can be settled during the negotiation process—especially if you have a Birmingham motorcycle injury lawyer on your side. However, if the insurance company makes you a lowball offer or refuses to settle, going to court may be the only way to recover the compensation you deserve.
Should I make a statement to the insurance adjuster?
We do not recommend making a statement to the insurance adjuster. Insurers do not have your best interests in mind and will attempt to use any statement you make against you in your claim.
What if a pothole caused my motorcycle accident?
Alabama government agencies are responsible for keeping the roadways safe for all drivers. Potholes are a major safety risk, especially for motorcyclists. If a pothole caused your crash, we may bring your claim against a government agency when seeking compensation for your injuries.
Consult with a Birmingham Motorcycle Accident Attorney
Motorcycle wrecks produce some of the most serious injuries of all motor vehicle crashes. While you spend time recovering, let an attorney from the Henry Dailey Law Firm focus on building a solid claim against the party liable for your injuries.
We guarantee you won’t pay a cent until we win your case. To schedule a free, no-obligation consultation with a Birmingham motorcycle accident attorney, either fill out the contact form at the bottom of this page or give us a call at 205-995-2412.