Motorcycle riders who suffer serious accident-related injuries are entitled to financial compensation in many cases. If you were injured in an accident, determining your legal rights will involve analyzing the facts of your case under Alabama law. While Alabama’s motorcycle laws protect injured riders in many ways, there are limits on when a Birmingham motorcycle accident attorney can help you seek just compensation. Here is an introduction to what you need to know:
Motorcycle Riders Have the Same Rights (and Obligations) as Other Road Users
In Alabama, motorcycle riders have the same rights as all other road users. This means that you have the right to occupy your lane, you have the right to a safe buffer around you, and you have the right to ride without fear of drivers putting you in harm’s way. Unfortunately, drivers don’t always respect riders’ rights, and this leads to motorcycle accidents that could (and should) have been avoided in many cases.
Since motorcycle riders have the same rights as other road users, they also have the same obligations. When you are riding, you are required to observe the rules of the road, and you need to take responsibility for your own safety (to the extent that you can). Of course, there are many circumstances in which riders can be helpless to protect themselves—and, in these circumstances, riders can (and should) seek just compensation.
Drivers Can (and Should) Be Held Liable for Negligence Behind the Wheel
In most cases, seeking just compensation for a motorcycle accident involves filing a claim based on driver negligence. Under Alabama law, drivers can be held liable for all forms of negligence behind the wheel. This includes (but is by no means limited to):
- Cutting off motorcycle riders
- Distracted driving
- Impaired driving
- Running red lights and stop signs
- Speeding
- Tailgating
- Turning or merging without checking for traffic
If your motorcycle accident was the result of driver negligence, you can (and should) seek to hold the driver accountable. As we discuss below, if you have a claim for driver negligence, you are entitled to just compensation for all of your accident-related losses.
Motorcycle Manufacturers (and Other Companies) Can Be Held Liable for Selling Defective Products
While most motorcycle accidents involve driver negligence, some involve motorcycle defects. If an issue with your motorcycle is to blame for your injuries, the manufacturer could be fully liable for your accident-related losses under Alabama law.
Helmet manufacturers, riding gear manufacturers, brake manufacturers, tire manufacturers, and other companies can be held liable for selling defective products as well. These cases are governed by Alabama’s product liability laws, which means that proof of negligence isn’t required.
Injured Motorcycle Riders Are Entitled to Just Compensation for All of Their Accident-Related Losses
Whether you have a negligence claim or a product liability claim, you are entitled to just compensation for all of the losses you suffer as a result of your motorcycle accident. This includes your losses to date and the losses you will suffer in the future.
When filing a motorcycle accident claim, it is critical to make sure you are seeking the full compensation you deserve. If you settle before you know how much you are entitled to recover, you won’t get a second chance to ask for more. If you hire an experienced Birmingham motorcycle accident attorney to represent you, your attorney will help ensure that you are seeking the full compensation you deserve.
Being Partially At Fault in a Motorcycle Accident Can Prevent You From Recovering Any Compensation
One of the more unique aspects of Alabama law is its approach to cases in which motorcycle riders are partially at fault for their injuries. If you were partially at fault in your motorcycle accident, you are not entitled to any compensation under Alabama law.
This makes it critical not to make any assumptions about what happened or who is responsible. Even if you got a ticket, this does not necessarily mean that you are ineligible to file a claim. If you were injured in a motorcycle accident, you should promptly hire an experienced attorney to conduct a thorough investigation. After investigating, your attorney will be able to help you make informed decisions about asserting your legal rights.
The Insurance Companies Aren’t Required to Help with Your Claim
Under Alabama law, the insurance companies have a legal duty to handle all motorcycle accident claims in good faith. However, this does not mean that the insurance companies are required to assist you with filing your claim or calculating your accident-related losses. To the contrary, the insurance companies can—and will—put their interests first, and this means that it is up to you to ensure that you are asserting your legal rights effectively.
Asserting Your Legal Rights Starts with Preserving the Evidence that is Available
Asserting your legal rights starts with preserving the evidence that is available. This includes not only forensic evidence at the crash site, but potentially video footage, phone records, employment records, and various other forms of evidence as well. To preserve the evidence that is available before it disappears, you should hire an attorney to conduct an investigation right away. Investigating your motorcycle accident is not something you should try to do on your own.
You Can Hire an Attorney to Protect Your Legal Rights at No Out-of-Pocket Cost
Not only is it important to hire an attorney after a serious motorcycle accident in Alabama, but you should also hire an attorney to protect your legal rights at no out-of-pocket cost. An experienced attorney will be familiar with Alabama’s motorcycle laws and will know how to use them to protect you. You are entitled to hire an attorney on a contingency-fee basis, which means you will pay nothing unless you receive financial compensation for your accident-related losses.
Schedule a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
If you need to know more about protecting your legal rights after a motorcycle accident in Alabama, we encourage you to contact us promptly. Call 205-855-2745 or contact us online to schedule a free consultation with an experienced Birmingham motorcycle accident attorney today.