Phenix City Motorcycle Accident Lawyer
Motorcycle accidents often result in injuries much worse than those in crashes involving just cars. Motorcyclists don’t have the protection of a steel frame like occupants of other vehicles do. Motorcycles also don’t come with safety features such as airbags or seat belts.
All of this can lead to very serious injuries for the biker when they are in a crash. Due to the nature of motorcycles, riders are also likely to fall to the ground, or be thrown from the bike during an accident, which also causes more serious injuries.
When a motorcycle accident is caused by someone else’s negligence, motorcyclists can file a personal injury lawsuit to claim compensation for their injuries. These cases are extremely complicated, though. It’s often difficult to get fair settlements from the insurance company, and the system is often biased against bikers.
Phenix City Motorcycle Accident Claim Process
There are many elements of motorcycle accident cases that make them so complicated. One of the biggest though, is anti-biker bias. Insurance companies like to use negative stereotypes in an attempt to shift the blame for a crash onto the motorcyclist. At the Bence Law Firm LLC, we know that most bikers are very cautious and alert while riding – often much more so than other drivers. We won’t let insurers get away with using anti-biker bias to diminish your claim.
Another problem is that many non-bikers are unaware of how motorcycles handle. They don’t understand that bikers must make different adjustments when turning corners and bikers need to react differently, such as coming to a slow stop rather than a quick one. In order to really explain how the accident happened, an attorney needs to fully explain these things to an insurance adjuster or the jury.
Insurance companies are difficult to deal with after any accident, but it is particularly hard to deal with them after a motorcycle accident. This is due to the fact that a motorcyclist will likely be badly injured after a crash, and the insurance company may have to pay out large settlements for those injuries. Insurance companies try to always avoid big payouts, so they’ll offer very unfair settlements.
Many accident victims aren’t aware of these details involved in a motorcycle accident case. In personal injury law, motorcycle accident cases are some of the most complicated. Anyone injured in an accident should speak to an experienced motorcycle accident lawyer who understands the many issues likely to arise throughout the case.
Alabama Motorcycle Accident Liability
The success of a motorcycle accident claims depends on whether the injured party can prove someone else was at fault for their injuries. In order to do this, a motorcycle accident attorney may call on eyewitness testimony and physical evidence.
For example, an attorney may use video surveillance footage from nearby to prove that another driver ran a red light, crashing into the motorcyclist. They may also rely on eyewitness testimony. This, along with other physical evidence, can help show that another driver was at fault for the accident.
Once fault is established, the injured party must then prove the other person’s negligence was the direct cause of their injuries. An attorney can calculate and document the full extent of the victim’s losses due to the crash.
While an accident victim is trying to prove another party was at fault for a collision, they are also trying to defend arguments from the other side that the motorcyclist was partly at fault. This is known as contributory negligence, and is a common defense used in personal injury cases.
In Alabama, accident victims are barred from receiving any compensation at all if they are even 1 percent at fault for the accident. When the defense raises this argument, a skilled attorney can refute their claims to give accident victims the best possible chance of receiving compensation.
Types of Motorcycle Accident Compensation in Phenix City
The compensation available in a motorcycle accident lawsuit can provide for any expense, harm, or financial loss a biker suffers as a result of the crash. This can include:
- Medical expenses
- Pain and suffering
- Mental anguish
- Lost wages
- Loss of earning capacity
- Property damage
Alabama does not place any caps on these types of compensatory damages. The law allows accident victims to claim compensation for any loss they incurred. Alabama allows punitive damages in some cases. This type of compensation is awarded when the plaintiff proves the defendant acted with wantonness, willfulness, or complete disregard for the safety of others.