Motorcycle riders who suffer injuries due to drivers’ negligence are entitled to just compensation under Alabama law. Seeking just compensation involves filing a claim, and strict deadlines apply. If you miss the deadline to file your claim, you won’t get a second chance. You will lose your legal rights, and not even an experienced Birmingham motorcycle accident attorney will be able to help you recover the financial compensation you deserve.
Alabama Has a Two-Year Statute of Limitations for Motorcycle Accident Claims (In Most Cases)
In most cases, injured riders have two years to file a claim after a motorcycle accident in Alabama. This two-year “limitations period” runs from the date of the accident—meaning that as soon as you get injured in a motorcycle accident, the clock starts ticking.
Importantly, Alabama’s two-year statute of limitations for motorcycle accidents applies to filing a lawsuit in court—not filing an insurance claim. In the vast majority of cases, seeking just compensation for a motorcycle accident involves dealing with the at-fault driver’s insurance company. But, as we just said, filing an insurance claim does not preserve your legal rights, and the statute of limitations can expire while you are going through the insurance claims process. As a result, even if you file an insurance claim promptly, you still need to be cognizant of the deadline for taking formal legal action (if necessary).
Motorcycle Riders Will Have Less Time to File a Claim in Some Cases
While motorcycle riders have two years to take legal action in most cases, there are a couple of important exceptions. Specifically, there are two scenarios in which injured riders have less than two years to file a claim:
- Filing a Claim for a Motorcycle or Helmet Defect – If you were injured because your motorcycle, your helmet or any other piece of riding gear was defective, you may only have one year to take legal action. This is a special rule that applies to claims against the “original seller” of a defective product.
- Filing a Claim Against a Government Agency – If you have a claim against a government agency based on an issue with the road or its surroundings, you may only have six months to start the claims process. This is a special rule that applies specifically to claims against state and local government agencies in Alabama.
Just like Alabama’s standard two-year statute of limitations for motorcycle accident claims, these are hard-and-fast deadlines when they apply. If you miss the deadline for taking legal action by even a single day, you will lose the ability to seek just compensation for your medical bills, lost wages, pain and suffering, and other financial and non-financial losses.
You Should Not Wait Any Longer Than Necessary to File Your Motorcycle Accident Claim
Regardless of how long you have to take legal action, you should not wait any longer than necessary to file your motorcycle accident claim. There are several important reasons why, including (but not limited to):
Evidence Can Disappear
From tire marks to debris on the side of the road, several key forms of evidence can disappear quickly after a serious collision. If you don’t engage a law firm to conduct an investigation promptly, the evidence you need to file a successful claim could be lost forever. The need to preserve key evidence is among the most important reasons why you should contact a law firm as soon as possible.
Evidence Can Be Destroyed
While some forms of evidence can disappear, other forms of evidence can be destroyed. These include surveillance camera footage and vehicle maintenance records, among others. Even if this destruction isn’t malicious, if it leaves you without the evidence you need, this could also prevent you from recovering the financial compensation you deserve.
Witnesses’ Memories Can Fade
Witness testimony can play a key role in many motorcycle accident cases. However, witnesses’ memories can fade, and fuzzy or unreliable witness testimony won’t help with proving your legal rights. As a result, if anyone witnessed your motorcycle accident, it will be important to try to obtain their sworn statements or testimony as soon as possible.
You Need to Avoid Costly Mistakes
Along with preserving critical evidence, another reason to talk to an attorney promptly is to ensure you know which mistakes to avoid. When you have a motorcycle accident claim in Alabama, lots of mistakes can prove very costly. If you make mistakes that compromise your ability to file a successful claim, you might not get a second chance to hold the at-fault driver (or any other at-fault parties) accountable.
Seeking Just Compensation Takes Time
Another important reason to take action promptly is that seeking just compensation takes time. While promptly conducting a comprehensive investigation is important, it is also just the first step in the process. From calculating your financial and non-financial losses to negotiating with the insurance companies, there are several additional steps involved in asserting your legal rights.
The Sooner You Get Started, the Sooner You Can Move On
Suffering serious injuries in a motorcycle accident can have both immediate and long-term consequences. Filing a successful claim allows you to recover the financial compensation you need to move on. Even if a delay does not compromise your ability to recover just compensation (which is a very real possibility), it will still make the process take longer than necessary.
Again, these are just examples. There are several other reasons why it is important to take legal action promptly after a serious motorcycle accident as well. To help give yourself the best chance of recovering just compensation as quickly as possible, you should talk to an experienced Birmingham motorcycle accident attorney promptly.
Schedule a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
If you need to know more about protecting your legal rights after a serious motorcycle accident in Alabama, we strongly encourage you to get in touch. To speak with an experienced Birmingham motorcycle accident attorney as soon as possible, call 205-855-2745 or request a free consultation online now.