While you may ensure you ride your motorcycle with caution, not all motorists drive carefully or obey the rules of the road, often putting motorcyclists at risk of accidents. When you are injured while riding your motorcycle, an aggressive Smiths Station motorcycle accident lawyer could help you recover the damages you are entitled to. A trusted injury attorney at Bence Law Firm, LLC could fight hard for your rights through a settlement claim or in court.
Common Causes of Motorcycle Wrecks
Motorbike collision injuries are often catastrophic and occur from negligent and reckless driving. The most common causes of motorcycle crashes are:
- Tailgating a motorcycle
- Failing to yield the right of way
- Passing too closely with a motorcycle
- Intimidating the motorcyclist with aggressive driving
Motorists who drive with wanton disregard for surrounding drivers, pedestrians, motorcycles, or bicycles should pay for the harm they cause—no matter how the accident occurred.
Depending on the details of the wreck, a plaintiff might be entitled to recover damages for:
- Mental trauma
- Property damage
- Emotional pain and suffering
- Past and future medical expenses
- Permanent scarring and disfigurement
- Lost wages and loss of earning potential
Punitive damages could also be available when a driver’s behavior was malicious. An experienced Smiths Station motorcycle wreck attorney could help calculate the full extent of damages.
Alabama Law Regarding Motorcycle Accidents
Under Alabama Code § 6-2-38, a plaintiff has two years from the date of the accident to file a claim. This is a relatively short window to take on such an enormous task. You have to take many steps after a crash, including:
- Getting your bike repaired
- Seeking medical treatment
- Gathering evidence
- Establishing a case
- Tackling insurance paperwork
- Navigating the court system
A seasoned Smiths Station motorcycle accident attorney like David Bence has handled various motorcycle injury cases and could ensure you complete all necessary steps.
State Contributory Negligence Law
Alabama’s contributory negligence law says that if a driver is even partially at fault in an accident, they are not entitled to recovery. The defendant’s insurer and attorneys will try to argue that the motorcyclist violated one to negate their liability. However, a trusted lawyer could refute these arguments.
What To Remember When Driving a Motorcycle
To avoid accidents or being found at fault under the contributory negligence law, motorcyclists must follow the road rules carefully. A knowledgeable motorcycle accident attorney in Smiths Station can advise as to some of the laws under Alabama Code § 32-5A-240 through 245, such as:
- The motorcycle operator must not overtake and pass in the same lane occupied by the vehicle being overtaken ( Code § 32-5A-242(b)).
- No person shall operate or ride on a motorcycle unless wearing protective headgear and shoes (Ala. Code § 32-5A-245)).
- Motorcycles shall not be operated more than two abreast in a single lane (Ala. Code § 32-5A-242(d)).
A trusted legal professional at Bence Law Firm, LLC could handle a case in which defense counsel argues that the motorcyclist violated one of these laws.
Call a Smiths Station Motorcycle Accident Attorney Today
Getting into a motorcycle accident is terrifying, and the injuries can be devastating. After getting medical attention, the best thing you can do is call a Smiths Station motorcycle accident lawyer to help build a case to recover the damages you are owed.
Insurers may attempt to lock you into lowball offers or make a statement against your interest. Defense counsel will make the argument that you were partially at fault. Call Bence Law Firm, LLC today to protect your rights and best interests.