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People who choose to ride a motorcycle as a means of commuting or for pleasure accept a certain amount of risk. While Alabama state laws require a rider to wear a helmet, riders understand that a crash may lead to severe injuries. Even so, this does nothing to change the fact that other motorists owe motorcycle riders a duty to prevent any undue harm. This includes treating a biker the same as any other traveler and a responsibility to provide compensation in case of a wreck that is a car driver’s fault.
An Auburn motorcycle accident lawyer could help injured motorcyclists collect the payments they need to set things right. A dedicated personal injury attorney at Bence Law Firm, LLC is prepared to fight for your rights, work to prove a defendant’s negligence, and demand comprehensive financial recovery.
Typical Causes of Motorcycle Wrecks
Motorcycles are inherently unstable vehicles. Even the slightest tap from another car can cause that rider to fall over, potentially becoming trapped under the bike or sliding on the pavement. As a result, other drivers should take special care to avoid contact with bikers.
Sadly, this is not always the case. Other drivers tend to dismiss bikers as nuisances or travelers less worthy of protection. While it is true that bikers do accept a certain level of risk, the traffic laws in Alabama require other motorists to treat them the same as other travelers. This includes:
- Refraining from tailgating
- Checking blind spots before turning
- Yielding when appropriate
- Using turn signals
Failures to perform these actions are leading causes of collisions and may indicate defendant negligence. Additionally, many motorcycle injuries are the result of a lack of contact. If a biker needs to take a sudden turn or come to a quick halt because of the poor driving of another motorist—that defendant may still be liable—even if contact never occurred. A proactive Auburn motorcycle crash attorney could investigate the cause of a plaintiff’s injuries and hold a negligent party accountable for their misconduct.
Demonstrating Fault in Settlement Talks and Court
The final goal of any claim for damages following a motorbike crash is to prove that a defendant’s negligence was the sole source of the accident. According to the Alabama Rule of Civil Procedure 8(c), courts must use the concept of contributory negligence to make their analysis. This means that the court will evaluate the actions of all parties involved in the wreck. If the court believes that a victim was in any way responsible for a crash, they will not award any compensation. Insurance companies are aware of this law and will not offer any financial restitution if a plaintiff cannot prove their claim during settlement talks.
As a result, it is essential to prove maximum defendant fault during every portion of an injury claim. This includes gathering evidence in the form of police reports, traffic camera footage, witness statements, and photos from the scene of the collision. A diligent motorcyclist injury lawyer in Auburn could help collect all of this essential information.
Using this data, a skilled attorney like David Bence could demand appropriate payments with minimal stress to injured plaintiffs. However, in the rare case that a claim must go to court, an aggressive legal professional could help make a persuasive argument before a jury.
Call an Auburn Motorcycle Accident Attorney as Soon as Possible
People who have suffered harm following a motorcycle collision are likely to be confused and frightened. They may think that because they were on a bike, they do not have the right to demand payment for their losses. Indeed, many drivers do not give bikers the rights or respect that they deserve on the road. Thankfully, the laws in Alabama allow any person who has suffered an injury because of the negligence of others to demand full financial recovery for their losses. This includes payments for all necessary medical care, any lost wages due to missing time at work, and even compensation for emotional traumas.
An Auburn motorcycle accident lawyer at Bence Law Firm, LLC could help you craft a powerful case for damages. An experienced attorney like David Bence could handle every portion of your claim—from the initial gathering of evidence, to participation in settlement talks, to taking the case to court. Call today to schedule an appointment.