Motorcycle riders have clear rights under Alabama law. If you were injured in an accident while riding, understanding your rights is important. You could be entitled to financial compensation for your injuries, but you will need to assert your rights effectively to recover the compensation you deserve. Learn more from Birmingham motorcycle accident attorney Tracy W. Cary.
You Have the Right to See a Doctor of Your Own Choosing
When you need treatment for injuries you suffered in a motorcycle accident, you have the right to see a doctor of your own choosing. Your motorcycle insurance company and the at-fault driver’s auto insurance company cannot tell you where to go. Seeking treatment promptly is important, and you should not hesitate to go to the emergency room after your accident if necessary.
Once you receive a diagnosis, you should follow your doctor’s recommendations (or seek a second opinion, if necessary). You should not ignore your doctor’s advice. If you do, not only could this prolong your recovery (and potentially lead to long-term complications), but it could also lead to medical bills and other losses that you are not entitled to recover.
You Have the Right to Find Out What Went Wrong
After a motorcycle accident in Alabama, you have the right to find out what went wrong. You also need to find out what went wrong in order to file a successful claim for financial compensation. To recover the financial compensation you deserve, you need to be able to prove that the driver who hit you (or another party) is legally responsible for your accident-related injuries and losses.
Finding out what went wrong involves conducting a thorough investigation. It is important to investigate your motorcycle accident as soon as possible. Depending on the cause of your motorcycle accident, proving that the driver who hit you (or another party) is legally responsible may require evidence such as:
- Tire marks, debris, and other evidence from the accident scene
- Traffic or surveillance camera footage
- Cell phone or dash camera footage
- Eye-witness testimony
- Inspection reports for your motorcycle, car, truck, or SUV that hit you
- The driver’s cell phone records or receipts
- The driver’s employment records or rideshare app data
These are just examples. Evidence in motorcycle accident cases can take many other forms, and the evidence that is available in your case will depend on the specific circumstances involved. If key evidence disappears before you hire an attorney to investigate your accident, this could compromise your ability to seek just compensation.
You Have the Right to Seek Just Compensation for Your Losses
Provided that you have the evidence you need, you have the right to seek just compensation for all of your losses resulting from your motorcycle accident. This includes: (i) losses you have already incurred; (ii) losses you incur through the date of your settlement or verdict (if your case is successful); and (iii) losses you are likely to incur in the future. In a typical case, a motorcycle accident victim’s losses will include:
- Medical expenses for diagnosis, treatment, and therapy
- Motorcycle and riding gear repair or replacement costs
- Other out-of-pocket costs (i.e., prescriptions and transportation expenses)
- Permanent scarring or disfigurement (i.e., due to burns or loss of limbs)
- Physical pain and suffering
- Emotional trauma and post-traumatic stress
- Loss of companionship, consortium, and enjoyment of life
Your financial and non-financial losses resulting from the accident could be substantial, and this makes it critical to ensure that you are seeking the maximum compensation that is available in your case. After investigating the cause of your accident, your attorney will then focus his or her efforts on calculating the damages you are entitled to recover.
You Have the Right to File an Insurance Claim
If your motorcycle accident was someone else’s fault, you have the right to file an insurance claim. Most motorcycle accidents result from driver negligence, and automotive liability insurance covers all forms of negligence behind the wheel. You could have claims under other at-fault parties’ insurance policies as well, and if you have the right type of coverage, you can also rely on your motorcycle insurance if necessary.
You also have the right to be treated fairly by the insurance companies. However, it is important to understand that the insurance companies always put their interests first. They will focus on paying you as little as possible, which makes it critical that you are prepared to fight for a fair outcome.
You Have the Right to Go to Court if Necessary
In most cases, injured motorcycle riders do not need to go to court to recover financial compensation for their losses. With that said, it is important to be prepared to go to court if necessary. If the insurance companies are unwilling to pay what they owe, you have the right to fight for a jury verdict at trial.
Showing that you are prepared to go to court can also be helpful during settlement negotiations. If insurance companies know you are serious about recovering full compensation, it can facilitate good-faith settlement negotiations. Due to the complexity of the litigation process, convincing the insurance companies that you are prepared to fight for your rights requires having an experienced motorcycle accident attorney on your side.
You Have the Right to Hire a Lawyer to Represent You
From investigating the accident to fighting for just compensation in court if necessary, you have the right to legal representation in all aspects of your motorcycle accident claim. In this scenario, you can hire an experienced attorney to represent you at no out-of-pocket cost.
Even taking your attorney’s contingency fees into account, hiring an experienced Birmingham motorcycle accident attorney is one of the most important steps you can take to maximize your financial recovery. While there are no guarantees, there are numerous important ways an experienced attorney can help. By accurately calculating your long-term financial and non-financial losses and dealing with the insurance companies on your behalf, your attorney can ensure that you are not unknowingly leaving any money on the table.
Schedule a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
Do you need help after a motorcycle accident in Alabama? If so, contact us today. To schedule a free consultation with an experienced Birmingham motorcycle accident attorney, call 205-855-2745 or get in touch online now.