Motorcycle accidents can have devastating consequences, often leading to serious injuries, emotional trauma, and financial challenges. Alabama’s laws regarding motorcycle accidents are complex, and understanding your rights and responsibilities is essential for protecting yourself and securing fair compensation. Below, we discuss what you need to know about motorcycle accidents in Alabama and how a Birmingham motorcycle accident attorney can assist victims in navigating the legal process.
Common Causes of Motorcycle Accidents in Alabama
Motorcycle accidents occur for various reasons, many of which are preventable. Some of the most common causes are:
- Driver Negligence: Numerous motorcycle accidents occur because drivers tend to overlook motorcycles when entering intersections or changing lanes.
- Distracted Driving: Texting while behind the wheel, eating food while driving, and operating GPS devices all cause drivers to lose focus on the roadway, which puts motorcyclists at risk.
- Speeding: When drivers exceed the speed limit, they have less time to react to potential hazards, and the chance of hitting a motorcyclist increases.
- Impaired Driving: Accidents involving motorcycles often result from drivers operating vehicles while under the influence of drugs or alcohol.
- Road Hazards: Motorcyclists face higher risks from potholes, debris, and uneven pavement when compared to drivers of other vehicles.
- Weather Conditions: Rain and fog create hazardous driving conditions through reduced visibility and slippery roads, which increases the probability of an accident.
Alabama’s Motorcycle Laws to Keep in Mind
Alabama has specific laws designed to protect motorcyclists and other road users. Knowing these regulations can help you understand your rights and responsibilities:
- Helmet Law: Alabama requires all motorcyclists and passengers to wear helmets that meet Department of Transportation (DOT) standards.
- Licensing Requirements: Riders must have a motorcycle endorsement on their driver’s license.
- Lane Splitting: Lane splitting, or riding between lanes of traffic, is illegal in Alabama.
- Liability Insurance: Motorcyclists must carry minimum liability insurance coverage, including $25,000 for injury or death per person and $50,000 per accident.
- Traffic Rules: Motorcyclists must follow the same traffic laws as other motorists, including obeying speed limits and traffic signals.
Common Injuries in Motorcycle Accidents
Unfortunately, the absence of protective barriers on motorcycles leads to more severe injuries than those sustained in automobile accidents. Common injuries include:
Traumatic Brain Injuries (TBI)
Motorcyclists can experience head injuries during severe crashes despite wearing helmets.
Spinal Cord Injuries
These injuries may lead to permanent paralysis and mobility difficulties.
Broken Bones
The impact from motorcycle accidents typically results in fractures in the arms, legs, and ribs.
Road Rash
When people slide on the pavement, they can end up with severe skin abrasions that may cause infections or scarring.
Internal Injuries
Damage to internal organs may require immediate medical attention and long-term care.
Steps to Take After a Motorcycle Accident
Taking the proper action right after a motorcycle accident helps protect your health while preserving your legal rights and potential compensation claims. Here’s what accident victims need to do:
- Seek Medical Attention: Your health should be your primary concern. Never overlook seemingly minor injuries because a medical examination by a professional can reveal underlying problems.
- Call the Police: You must contact the police because their report will serve as official documentation of the accident. Provide accurate details, but avoid admitting fault.
- Document the Scene: Photograph the accident scene as well as your injuries and both vehicles involved. Gather contact details from witnesses who were present at the scene and the other driver(s) involved.
- Notify Your Insurance Company: Contact your insurance company about the accident immediately, but do not rush to provide detailed statements until you speak with an attorney.
- Consult a Motorcycle Accident Attorney: A skilled Birmingham motorcycle accident lawyer will help you navigate through the legal proceedings while safeguarding your legal rights.
How Fault is Determined in Alabama
The state of Alabama enforces a contributory negligence standard, which is one of the strictest laws in the country. This means that if the court finds you to be 1% responsible for the accident, you lose the right to claim damages from the other party. To be clear, your case depends on proving the other driver bore full responsibility for the accident. Working with quality legal representation allows for evidence collection and case development that ultimately demonstrates the other driver’s negligence.
Compensation Available to Accident Victims
Victims of motorcycle accidents may be entitled to several types of compensation, including:
- Medical Expenses: These expenses include emergency care costs and expenses for surgeries and medications, as well as the costs related to physical therapy and long-term treatment options.
- Lost Wages: These include funds to compensate for lost income because you cannot work after the accident.
- Pain and Suffering: This describes damages awarded for both bodily pain and emotional trauma resulting from the accident.
- Property Damage: This compensation covers repair or replacement expenses for damaged motorcycles and other personal belongings.
- Punitive Damages: The court may grant punitive damages to penalize parties who demonstrate extreme negligence or intentional wrongdoing.
How a Birmingham Motorcycle Accident Attorney Can Help
Navigating the aftermath of a motorcycle accident can be overwhelming, especially when dealing with severe injuries and insurance companies. A skilled attorney can:
- Evaluate Your Case: A lawyer will review the details of your accident, assess liability, and determine the potential value of your claim.
- Gather Evidence: Attorneys have the resources to collect critical evidence, such as accident reports, medical records, surveillance footage, and expert testimony.
- Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. An attorney will negotiate on your behalf to ensure you receive fair compensation.
- Represent You in Court: If a fair settlement cannot be reached, your lawyer will take your case to court and advocate for your rights.
- Ensure Compliance with Legal Deadlines: In Alabama, the statute of limitations for personal injury cases is two years from the date of the accident. Your lawyer will ensure all deadlines are met.
Preventing Motorcycle Accidents
Accidents can’t always be prevented, but taking safety measures lowers your risk. Riders should always wear helmets and protective clothing that meet DOT standards. Motorcyclists should also be sure to equip their bikes with reflective gear and use their headlights throughout the day to remain visible.
Motorcyclists need defensive riding skills to protect themselves. This means that you should expect other drivers not to notice you on the road and remain ready to respond to unexpected vehicle movements. It is also essential for riders to follow speed limits and steer clear of dangerous riding maneuvers. Maintaining your motorcycle in proper working condition also plays a key role in accident prevention.
Choosing the Right Birmingham Motorcycle Accident Attorney
Selecting the right attorney can make a significant difference in the outcome of your case. Consider the following:
- Experience: Find an attorney who has successfully handled numerous motorcycle accident cases before.
- Reputation: Evaluate client satisfaction by reading online reviews and testimonials about the attorney.
- Communication: When selecting an attorney, opt for one who responds to your inquiries quickly and maintains regular communication updates.
- Contingency Fee Basis: The majority of personal injury lawyers operate under a contingency fee structure where payment is required only if they secure a case victory for their client.
Let a Motorcycle Accident Attorney Help
Motorcycle accidents can have life-altering consequences, but understanding your rights and seeking legal help can make a significant difference in your recovery. A Birmingham motorcycle accident attorney can guide you through the complexities of Alabama’s laws, handle negotiations with insurance companies, and ensure you receive the compensation you deserve. Contact us today.