Motorcycle Accident Attorneys
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Motorcycle Accident Attorneys
A person who has survived a motorcycle accident in Alabama has two years from the date of the accident to file a personal injury lawsuit. The individual may have suffered all types of injuries from riding a motorcycle, from abrasions to broken bones, burns, and traumatic brain injuries. If the motorcycle rider is at fault for the accident, they should talk to a personal injury attorney about the extent of their liability in a civil lawsuit. The party should learn the extent of their insurance coverage. They can develop a plan to negotiate an appropriate settlement.
Effects of a Motorcycle Accident
A serious motorcycle accident can leave a person without the ability to work, be a full partner in a marriage, or parent effectively. The motorcycle rider should see a doctor to determine the severity of their injuries and what they need to do to recover. The rider will be expected to follow the recovery plan to mitigate damages. If the rider engages in actions that could lead to new or more serious injuries, the opposing side will try to use this behavior to cheat the motorcycle rider out of compensation.
For example, a party who has suffered a neck injury in a motorcycle accident should wear the right equipment to help them make a recovery, such as a neck brace. They should avoid activities like windsurfing that could lead to injuries that would exacerbate their problem. If the party was on the job when they suffered an injury, they will need to file a workers compensation claim against their employer. Their personal injury attorney may be able to recommend an experienced local workers comp or social security disability attorney.
Organize Medical Documents
A personal injury attorney can help a motorcycle accident survivor understand and collect documents to show the full extent of their damages, including paperwork to show the survivor missed work or school, incurred medical bills, including bills for physical therapy and mental health therapy, and had concerns like loss of consortium. The party’s vehicle insurance is likely to compensate them for damage to their motorcycle. If the motorcycle was custom designed or custom built, the compensation by the insurer may not cover the loss. The motorcycle owner should explore different recovery options to replace the motorcycle, including a negotiated settlement with the party or parties who are at fault or their insurers.
What to do if you are in a Motorcycle Accident
Talk to an Attorney First
It is critical that the survivor and their family members talk to a personal injury or vehicle accident attorney before talking to an insurance adjuster. The survivor should be wary of making statements that might give their insurer room to avoid representing them fairly. A personal injury attorney will be able to advise the survivor or represent them in court. After a motorcycle accident survivor speaks with their car accident attorney, the lawyer should go to the scene of the accident to take note of the surroundings.
When possible, the survivor should come with their attorney. That way, the survivor can explain how the accident occurred. It helps for the attorney to see the scene of the accident to determine what evidence to collect. Evidence can range from the damaged bike to photos of yield signs to skid marks on the road.
Alabama Is a No-Fault State
In Alabama, the insurer of the party who is at fault pays for the victims’ losses. When an at-fault driver does not have enough or any car insurance, the victim can file a claim with their own insurer for Med Pay, which covers medical bills, and UM/UIM, uninsured and underinsured motorist coverage. UM/UIM offers coverage when the at-fault driver does not have enough insurance to pay for all of the victims’ losses.
Alabama has a contributory negligence rule that bars recovery for parties that were even 1% at fault for causing the accident. A motorcyclist has a legal duty to exercise reasonable care to avoid harming others on the road. A survivor who does not recall what happened or thinks they might be at fault should discuss options and next steps with an Alabama personal injury attorney.