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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 collision is caused by someone else’s negligence, motorcyclists can file a lawsuit to claim compensation for their injuries by working with an experienced personal injury attorney. 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.
If you need to pursue a claim for a motorcycle crash, you should speak to a Phenix City motorcycle accident lawyer first. Contact the Bence Law Firm LLC now for a free consultation and to learn more about our legal services.
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 motorcycle accident happened, an experienced motorcycle accident attorney needs to fully explain these things to an insurance adjuster or the jury.
Insurance companies are difficult to deal with after an 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 seasoned Phenix City motorcycle wreck attorneys who understand the many issues likely to arise throughout the case.
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, motorcycle accident attorneys 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 motorcycle 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 a motorcycle 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.
The compensation you can receive with the help of motorcycle accident attorneys can provide for any expense, harm, or financial loss a biker suffers as a result of the crash. This can include:
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.
Being involved in a motorcycle accident is an incredibly scary experience. Motorcyclists are often left severely injured, wondering what to do next. There are important steps accident victims should take in order to protect their rights and a future motorcycle accident claim.
First and foremost after any accident, you need to seek medical attention for your injuries. Failing to get treatment for even minor injuries can cause them to turn into even bigger problems, such as if road rash becomes infected. In addition, some conditions aren’t always evident right away, such as if you sustained a concussion during the accident. A doctor will know what to look for and will treat any problems to prevent them from becoming worse.
Getting medical help right away can also help protect a personal injury claim in the future. It will provide documentation that links the injury to the accident.
If it’s possible, you should take as many pictures as you can at the scene immediately following the accident. Take pictures of any damage to the vehicles and the position of the vehicles. Also take pictures of any marks on the road that could help identify the cause of the accident. This can all serve as evidence later on.
In nearly every motorcycle accident case, it’s important you call the police. In Alabama, any time there is an accident that results in injury or death, those involved are required to report it to the police. Once the police are on the scene they will take statements from all parties involved in the crash, as well as witnesses, and make a report. While this report could provide important information, police reports are generally inadmissible in court in Alabama. However, failing to report an accident will result in serious penalties.
All drivers and riders involved in the accident should also exchange information with each other. Make sure you take down not only the other parties’ names and phone numbers but also their license numbers and their insurance information. Also get contact information from anyone who witnessed the accident.
It’s important when interacting with others on the scene that you don’t admit fault or apologize. Even saying you’re sorry that the accident happened could harm a future personal injury claim. The defense will likely make the argument that you’ve accepted fault for the accident.
Once your injuries are treated and you’ve left the scene of the accident, you should call your insurance company as soon as possible and report the accident. If they offer any type of settlement, you should speak to an attorney before agreeing to it.
Calling a motorbike crash lawyer in Phenix City is the next step you should take after a collision. They will help you find and collect evidence so you can pursue a personal injury lawsuit against the at-fault driver.
After a motorcycle accident, you’ll likely have to deal with at least one insurance company. This is more difficult than it sounds. Insurance companies are in the business of making money, and they do that by paying out as little as possible.
With that in mind, here are some tips for how to deal with insurance companies after an accident.
It’s a good idea to speak to an attorney before calling the insurance company. An attorney can speak to the insurance company on your behalf. An experienced lawyer knows how to handle communications with insurance companies. This type of legal representation can ensure your rights are protected through the process.
While you’re recovering from your injuries, let our attorney:
It’s important that all bikers know not only the rules of the road, but also the laws that pertain specifically to them. Alabama has enacted a number of motorcycle laws to help keep bikers and drivers safe. A few of the most important ones are:
The cause of most motorcycle accidents is driver error. Drivers simply don’t watch out for bikers the same way they watch out for other vehicles. Here are some of the most common ways driver error results in a motorcycle accident:
When other drivers are the cause of the crash, accident victims can seek to hold them liable for any injuries that result. When the cause was due to something other than driver error, like a faulty part on the motorcycle, the biker can hold the manufacturer liable.
If you’ve been injured in a motorcycle traffic collision, reach out to a Phenix City motorcycle accident lawyer who will fight for you. At Bence Law Firm LLC, that’s something we promise we’ll do.
We’re ready to build you a strong case and fight to pursue the full amount of compensation you deserve. We’ll speak to the insurance company on your behalf and ensure your rights are upheld throughout the entire process.
Call us today or fill out our online form so we can begin reviewing your case during a free consultation.
There are different elements of motorcycle accident cases that make them so complicated. One of the biggest though is anti-biker bias. Insurance companies always 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.
The success of a motorcycle accident claims actually depends on whether the injured party can prove someone else was at fault for their injuries. In order to do this, a motorcycle accident lawyer may call on eyewitness testimony and physical evidence.