If you were injured in a motorcycle accident that wasn’t your fault, you are entitled to just compensation under Alabama law. Whether you were hit by a negligent driver, you encountered an issue with the road or something went wrong with your motorcycle, you can—and should—hire an experienced Birmingham motorcycle accident attorney to help you fight for the compensation you deserve.
With that said, there are no guarantees. In this scenario, it is up to you to prove your rights, and this is easier said than done. While an experienced Birmingham motorcycle accident attorney may be able to help, it is critical that you hire an attorney as soon after your accident as possible.
7 Steps Involved in Proving Your Rights After a Motorcycle Accident
When you hire an attorney to represent you, one of your attorney’s first priorities will be to gather evidence of liability. This is the proof you need to seek the financial compensation you deserve. While every case is unique, some of the main steps that are typically involved in proving liability after a motorcycle accident include:
1. Conducting a Forensic Investigation
Conducting a forensic investigation involves sending a professional investigator to the accident scene. This should be done promptly, before any critical evidence disappears.
Debris, damaged guardrails or signposts, evidence of the road and weather conditions, evidence of traffic patterns, and various other forms of forensic evidence may be available to help prove why your motorcycle accident happened. While the insurance companies may also conduct a forensic investigation, it is important to ensure that someone investigates the accident with your best interests in mind.
2. Examining Your Motorcycle and Riding Gear
It will also be important to examine your motorcycle and riding gear. Along with helping prove the point of impact and the severity of the accident, this can also be essential for determining if you have a claim for a motorcycle or riding gear defect. If your motorcycle, your helmet, or any other piece of gear you were wearing was defective, the manufacturer could be liable for your injuries and their financial and non-financial costs.
3. Examining the Other Vehicle Involved in the Accident
Along with examining your motorcycle and riding gear, it will be important to examine the other vehicle involved in the accident as well. This includes not only looking at the location and extent of any damage, but also scrutinizing the vehicle’s “black box” data.
Many modern vehicles collect GPS data, speed data, braking data and various other forms of data that can all be used to help prove what a driver was doing in the moments leading up to a crash. If the data show that the driver who caused your accident was speeding, slammed on the brakes, or had been driving for hours on end before the crash (and thus may have been fatigued), this could be critical for proving that you deserve full and fair compensation.
4. Talking to Any Witnesses
When you hire a Birmingham motorcycle accident attorney to represent you, your attorney will also seek to talk to anyone who witnessed the accident. Eye witness testimony can be valuable evidence as well, and if any witnesses can confirm your version of the events or fill in any gaps, their testimony could also play a key role in the fight for the financial compensation you deserve.
5. Reviewing Any Photos or Video Footage That Are Available
If you took any photos or videos at the accident scene (or if you were wearing a helmet camera), you should keep all of your photos and videos to share with your attorney. Your attorney will also seek to obtain any photos or videos that witnesses may have taken at the accident scene, and if traffic or surveillance camera footage is available, your attorney will seek to obtain this footage as well.
6. Reviewing the Police Report
An important, and often overlooked, step in the process of investigating a motorcycle accident is reviewing the police report. While the police report itself may not be admissible as evidence in court, it could still contain information that your attorney can use to obtain evidence from other sources. For example, if the police report states that the driver who hit you was distracted or drunk at the time of the crash, this could indicate that efforts to obtain the driver’s phone records or receipts are warranted.
7. Obtaining the Driver’s Phone Records, Receipts, and Other Relevant Documentation
Phone records, receipts, employment records, vehicle maintenance records, and various other forms of documentation can all be used to prove liability in appropriate cases. If you need any of these records to prove your legal rights, your Birmingham motorcycle accident attorney can seek to obtain them on your behalf.
Convincing the At-Fault Party’s Insurance Company to Accept Liability
In the vast majority of cases, seeking financial compensation after a motorcycle accident involves filing an insurance claim. With the available evidence in hand, your attorney will work to convince the at-fault party’s insurance company to accept liability, and then your attorney will begin the process of working to negotiate a fair settlement on your behalf.
What if you can’t convince the at-fault party’s insurance company to accept liability (or negotiate a fair settlement)? In this scenario, you may need to take your case to court. However, this won’t be necessary in most cases, and, for now, your focus should be on doing everything you can to maximize your chances of filing a successful insurance claim.
Contact Us for a Free Consultation with a Birmingham Motorcycle Accident Attorney
Were you seriously injured in a motorcycle accident in Alabama? If so, we can help you seek the financial compensation you deserve, but it is important that you contact us promptly. To arrange a free consultation with an experienced Birmingham motorcycle accident attorney as soon as possible, call 205-855-2745 or tell us how we can reach you online now.