If you have been seriously injured in a motorcycle accident in Alabama, you need to be very careful about protecting your legal rights. You are almost certainly facing significant accident-related costs, and you may be able to recover these costs with the help of an experienced Birmingham motorcycle accident attorney.
Alabama Law Does Not Favor Motorcycle Riders in Cases Involving Partial Fault
One question we frequently receive from injured motorcycle riders is how being partially at fault impacts their legal rights. Usually, their questions relate to concerns about things like speeding, weaving through heavy traffic, or running a red light or stop sign.
So, what do you need to know?
In Alabama, being partially at fault in a motorcycle accident plays a huge role in determining whether you can file a claim. In many states, being partially at fault limits how much injured riders can recover. But, in Alabama, being partially at fault prevents injured riders from recovering financial compensation entirely.
You Should Never Assume You Were Partially At Fault in a Motorcycle Accident
With this in mind, you should never assume that you were partially at fault in a motorcycle accident in Alabama. Likewise, you should not let the insurance companies tell you that you are partially responsible for your accident-related losses. If you do, you won’t receive any compensation—even if you are mistaken about being partially to blame.
Determining who (or what) is responsible for a motorcycle accident requires a comprehensive investigation. Even if you think you might have been partially at fault, it is entirely possible that your actions while riding did not play any role in causing the collision. Since being even one percent at fault can prevent you from recovering compensation, you need to make sure you have an accurate understanding of why your accident happened.
When it comes to the potential causes of a motorcycle accident, there are numerous possibilities. Even if you think you may have been partially to blame, your accident could have been fully due to one or more of the following:
- Driver Negligence – Driver negligence can take many different forms, and all forms of driver negligence can put motorcycle riders in harm’s way. Speeding, tailgating, turning without signaling, merging without checking blind spots, and driving while distracted are just a handful of examples of driving mistakes that can—and frequently do—lead to dangerous motorcycle accidents. If you encountered a negligent driver on the road, there may have been nothing you could have done differently to protect yourself.
- Motorcycle and Aftermarket Part Defects – Product defects can also present serious risks for motorcycle riders. If an original component or aftermarket part on your motorcycle failed while you were riding, this could have caused you to suddenly and unexpectedly lose control. In this scenario, too, there may have been nothing you could have done differently to protect yourself. When defective parts fail, their manufacturers can be held accountable under the law of product liability.
- Issues with the Road – Issues with the road can also be to blame for motorcycle accidents and other vehicle collisions. Potholes, gaps in pavement, gravel on the roadway, slippery road surfaces, dangerous intersections, dangerous construction zones, and various other road-related hazards can also leave riders helpless to protect themselves. Low shoulders and similar types of design flaws that prevent riders from being able to make evasive maneuvers can be to blame for riders’ injuries in some cases as well.
As you can see, there are a variety of issues that could be to blame for your accident-related injuries that are entirely unrelated to how you were riding at the time of the incident. When you hire an experienced Birmingham motorcycle accident attorney to represent you, one of your attorney’s first priorities will be to conduct a thorough investigation focused on determining exactly why your accident happened.
Protecting Yourself After a Serious Motorcycle Accident in Alabama
Given the implications of being partially at fault in a motorcycle accident and the critical importance of making sure you receive the financial compensation you deserve, you need to be very careful to protect yourself after falling off of your bike during a crash in Alabama. Among other things, this means you should:
1. Avoid Making Assumptions About Fault
As we said above, it is critical that you avoid making assumptions about who was at fault in your motorcycle accident. Making informed decisions about filing a claim (and protecting yourself during the claim process) starts with collecting evidence that proves why your accident happened.
2. Preserve as Much Evidence as Possible
You should keep your damaged riding gear and any debris you have from your damaged motorcycle. You should also wait to get your motorcycle repaired until your attorney can thoroughly document the damage for your claim.
3. Avoid Discussing Fault with the Insurance Companies
To make sure you do not incorrectly state that you were partially at fault in your motorcycle accident, you should avoid discussing fault with the insurance companies. After you report the accident, you should let your attorney deal with the insurance companies on your behalf.
4. Wait to Post About Your Motorcycle Accident on Social Media
For the same reason, you should not post about your motorcycle accident on social media at this time. If you post anything that the insurance companies can use to deny your claim, they will not hesitate to do so.
5. Talk to an Attorney as Soon as Possible
From investigating your motorcycle accident to dealing with the insurance companies, there are many ways an experienced attorney will be able to help you after a motorcycle accident in Alabama. To help give yourself the best chance of recovering just compensation, you should talk to an attorney as soon as possible.
Get Free Advice from an Experienced Birmingham Motorcycle Accident Attorney
If you need to know more about seeking financial compensation for a motorcycle accident in Alabama, we encourage you to contact us promptly. Call 205-855-2745 or contact us online for a free consultation today.