Birmingham Motorcycle Accident Lawyer
When a motorcycle rider is involved in an accident with a car or truck, it is understandable to be frightened and confused. Not only do you need to take the steps to ensure your physical recovery, but the mental anguish can also make it difficult to ride again.
On top of that, the insurance company can take an aggressive stance to try and force a quick settlement, or even try to convince you that the accident was your fault.
With Alabama law using the theory of contributory negligence and a short statute of limitations, it is vital to hire an experienced personal injury lawyer as soon as you are able.
Our firm’s Birmingham motorcycle accident lawyers work to protect clients who were injured while riding their motorcycles to get the fair compensation that they deserve.
Negligence Law in Alabama
Most motorcycle accidents are exactly that: accidents. Because of that, most motorcycle claims are pursued under the legal theory of negligence.
In short, negligence is when a person has a duty to protect another person, and by breaking that duty, causes injury. There are five portions, or elements, that must be met by a Birmingham motorcycle accident attorney for a successful negligence case:
- Duty – Duty is created when a person has a responsibility to protect other people. Whenever a person drives a car or any other vehicle, they assume a duty to protect other drivers, passengers and pedestrians.
- Breach – To bring a negligence claim forward, a driver’s duty must be broken. This is known as a breach of duty. This can be done by either taking an action to make others less safe, or in failing to take an action to prevent harm. Examples common in motorcycle accident cases include speeding, improper lane changes, or failing to come to a stop at a red light. The breach element is the one most often contested by insurance companies.
- Cause – The plaintiff must demonstrate that their injuries were caused by the defendant’s breach of duty. One common tactic for insurance companies is to attempt to attribute a plaintiff’s injuries to a pre-existing condition.
- Scope – The plaintiff must show that their injuries were foreseeable in the present situation. Accidents between motorcycles and other vehicles can often result in serious injuries, so this is not often in dispute in motorcycle accident cases.
- Damages – Lastly, the plaintiff must have suffered actual physical injury due to the accident.
Contributory Negligence
It is important to remember that Alabama has adopted the concept of contributory negligence. Under Alabama Rule of Civil Procedure 8(c), the defendant can make the affirmative defense that the plaintiff was partially responsible for the accident.
For example, even if the defendant was speeding and could not see a motorcycle rider off to his side or the motorcycle driver was not properly in his lane, the rider could be partially responsible.
According to contributory negligence, the rider may be totally barred from recovery, making it imperative that a Birmingham motorcycle accident attorney is contacted to help address this potential pitfall.
Statute of Limitations in Alabama Personal Injury Cases
One other aspect of motorcycle accident law to keep in mind is the statute of limitation. The statute of limitations can be seen as a time limit for a plaintiff to come forward.
Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the motorcycle accident in Birmingham.
While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years.
Talk to a Birmingham Motorcycle Accident Attorney Today
Victims of motorcycle accidents have enough to worry about with recuperating from their injuries.
Our firm’s Birmingham motorcycle accident lawyers help clients in the recuperative process by handling paperwork with insurance companies, gathering documentation from doctors, and creating demand packages in an attempt to settle the case out of court.
With proper documentation, many cases are settled before going to court, but if a law suit does need to be filed, our firm’s litigators will guide you every step of the way and stand by your side. Contact our firm today to see how we can form a strategy to get you the compensation you deserve.
