With its scenic landscapes and winding roads, Alabama offers motorcyclists an exhilarating experience. However, alongside the thrill of the ride comes the inherent risks of motorcycle accidents.
If you were hurt in a motorcycle accident in the state of Alabama, the attorneys at Baxley Maniscalco can help you figure out the next steps in dealing with the insurance companies and making a claim for your injuries, medical bills, lost wages, pain and suffering, and other financial losses. We are a personal injury law firm that handles cases statewide and our focus is on helping you relax and recover while we take care of the red tape and work to get you paid fairly.
You cannot rely on insurance companies to have your best interests at heart after a motorcycle accident. Insurance companies are for-profit corporations, and they will avoid paying fairly on a claim if they can do so. If you do not have legal representation, it is difficult to receive a fair settlement for your injuries and damages. Motorcycle accidents often result in severe and life-changing injuries, which is why you deserve an attorney who will advocate for you. Our experienced motorcycle accident lawyers will take on the insurance companies and fight for your rights, so you can focus on healing and recovery. We work on a contingency fee basis, meaning you will not pay any upfront costs for our legal services.
If you have been involved in a motorcycle accident, it is important to hire an attorney team who has specific experience in handling motorcycle wreck cases. This is because motorcycle accidents can be very different from car accidents, and require specialized knowledge and experience to handle properly.
Here are some reasons why you may want to hire an attorney who specializes in motorcycle wreck cases:
- Unique challenges: Motorcycle accidents can present unique challenges that are not present in car accidents. For example, the lack of protection for motorcyclists can result in more severe injuries, and the smaller size of motorcycles can make them more difficult to see on the road. An attorney who specializes in motorcycle wreck cases will have experience proving to a jury why these differences make the injuries in these cases much more severe and will be able to explain the lasting impact such a crash can have on your life.
- Understanding of motorcycle laws: Motorcycle laws vary from state to state, and are often different from the laws that apply to cars. An attorney who has specific experience handling motorcycle wreck cases will have a deep understanding of the laws that apply to motorcycle riders and will be able to use this knowledge to build a stronger case for you.
- Familiarity with insurance companies: Insurance companies often have a bias against motorcyclists, and may try to deny or reduce your claim. Attorneys who specialize in motorcycle wreck cases will be familiar with the tactics that insurance companies use and will be able to negotiate with them more effectively.
- Experience with expert witnesses: To build a strong case, it is usually necessary to hire expert witnesses to testify on your behalf. Attorney teams who have expertise with motorcycle wreck cases will have experience working with expert witnesses who can provide testimony on the unique aspects of motorcycle accidents.
At Baxley Maniscalco, our team has extensive experience handling motorcycle crash cases across the state of Alabama. If you have been injured in a motorcycle accident in Alabama, our team of experienced personal injury lawyers can help you build a strong case to support your auto insurance claim or lawsuit. We understand the complexities involved in motorcycle accident cases and have the necessary expertise to recover damages for traffic accident victims.
To find out more about your legal options and to determine whether you have a viable case, we offer a free consultation to assess your case. During this consultation, our lawyers will evaluate your case for free and help you understand the legal process, our services, and the contingency fee plans that we offer. A contingency fee means that we only get paid if we win your case for you. You will never owe us any money upfront or out of pocket. We are committed to ensuring that our clients are fully informed about their legal rights and options and that they receive the compensation they deserve for their injuries and losses.
If you’d rather skip the reading and get straight to a free and confidential consultation, you can call or text us.
Are Motorcycle Accidents a Problem in Alabama?
According to recent data, motorcycle accidents tend to be the most prevalent in Florida, California, and Georgia; yet, motorcycle accidents in Alabama tend to occur the most among helmeted riders, with speed being cited as the primary factor contributing to these fatalities.
According to the NHTSA’s National Center for Statistics and Analytics, among the 78 motorcycle accidents that happened in Alabama in 2020, 87% involved helmeted riders.
Despite this lower number, the data suggests that, even if you wear your helmet while you ride, you’re better off being aware of your legal rights and options should you find yourself in an accident.
What to Do After A Motorcycle Accident
Knowing what to do after a motorcycle accident is crucial to the success of your claim.
- If you are involved in a collision, your first priority should be to seek medical attention.
- Next, contact the police to make a report and exchange information with the other parties involved in the crash.
- It is also helpful to document the accident by taking videos and photos with your phone.
- Notify the insurance companies of your upcoming claim, and then call a motorcycle personal injury attorney.
Even if you were unable to complete all of these steps, don't panic. Our motorcycle accident attorneys at Baxley Maniscalco can take care of the initial investigation for you. Although we cannot go back in time and document the crash, we can obtain a great deal of information from the police report, your testimony, and by contacting witnesses. We will fight for you to obtain compensation, no matter what happened following the accident. Remember that insurance companies are not on your side, but our attorneys are here to protect your rights and help you recover what you deserve.
At Baxley Maniscalco, we believe that victims of crashes deserve to receive just compensation for their losses and expenses caused by the negligent actions of another driver. We understand that they should not have to bear the financial burden of an accident that was not their fault, and we are committed to pursuing justice on their behalf.
Our experienced attorneys work to identify the recoverable damages in motorcycle collision claims or lawsuits, including current and future medical expenses, ongoing care and support costs, lost wages and benefits, property damages, pain and suffering, reduced quality of life, emotional distress, and other intangible damages. Once we have identified the damages, we calculate a fair settlement range for the case. This range is necessary before we file the claim and demand a just payout, as it allows us to ensure that we are seeking justice for our client.
To determine the value of the economic and non-economic damages suffered by our client, we collect evidence such as bills, estimates, receipts, medical records, and testimony from medical experts about the prognosis, care needs, and treatment required. We also gather information from economists and others who can provide insight into the effects of the crash. By using this evidence, we can estimate a settlement range where we would like the settlement to fall. This ensures that our client can cover their bills and pay for the care they need today and in the future.
At Baxley Maniscalco, we are dedicated to helping our clients recover the compensation they deserve. Contact us today for a free consultation to learn more about your legal options.
There are several ways to prove that the other driver was liable and at fault in an Alabama motorcycle crash case. Here are some ways to establish liability:
- Police report: The police report created at the accident scene can provide crucial details regarding the cause of the accident and who was at fault.
- Witness testimony: Eyewitnesses who saw the accident occur can provide valuable testimony to establish fault. Their statements can provide critical information to support your case.
- Traffic laws: Traffic laws and regulations exist to ensure the safety of all drivers on the road. If the other driver violated any traffic laws, such as speeding, running a red light, or failing to yield, it can help establish their liability.
- Video evidence: If the accident was captured on dashcam or surveillance footage, it can serve as concrete evidence to show who was at fault in the accident.
- Expert testimony: Expert testimony from accident reconstruction specialists or medical professionals can provide technical and medical insights to help prove the other driver's fault.
- Admissions of fault: If the other driver admits fault for the accident, their statement can be used as evidence to prove liability.
- Phone records: If the other driver was on their phone or otherwise distracted at the time of the accident, their phone records or other evidence of distraction can be used to show their fault.
By working with an experienced Alabama motorcycle accident attorney, you can build a strong case to establish the other driver's liability and recover the compensation you deserve.
To establish the liability of another driver for causing your motorcycle accident in Alabama, it is essential to demonstrate the sequence of events, how their actions led to the accident, and that your actions did not contribute to it. Motorcycle accidents can occur due to various reasons, but more often than not, they result from the negligence of drivers. Negligent actions of drivers that may lead to a motorcycle accident include but are not limited to:
- Distracted driving: If a driver is distracted by their phone or other activity and not paying attention to the road, they may not see a motorcycle in their blind spot or fail to notice a motorcycle approaching an intersection.
- Speeding: If a driver is traveling too fast, they may not have enough time to react to a motorcycle in their path or may lose control of their vehicle and collide with a motorcycle.
- Driving under the influence: Impaired driving can cause a driver to swerve, cross the center line, or run off the road, putting motorcycles in the vicinity at risk.
- Failure to yield: If a driver fails to yield to a motorcycle when required, such as when turning left or merging, they may collide with the motorcycle.
- Running red lights or stop signs: Running a red light or stop sign can cause a driver to collide with a motorcycle that has the right of way.
- Following too closely: If a driver is following a motorcycle too closely, they may not have enough time to stop or swerve to avoid a collision if the motorcycle suddenly brakes or changes direction.
- Failure to maintain control of the vehicle: Reckless or negligent behavior can cause a driver to lose control of their vehicle and collide with a motorcycle.
- Failure to signal: Failing to use turn signals or other warning devices can cause confusion and lead to accidents with motorcycles.
- Improper passing: Attempting to pass a motorcycle in a no-passing zone or passing on the right can cause a collision if the motorcycle is in the driver's blind spot or unexpected.
- Aggressive driving: Engaging in aggressive behaviors such as tailgating or cutting off other drivers can cause a motorcycle to swerve or lose control and lead to a collision.
Any form of negligent conduct by a driver can increase the risk of a collision with a motorcycle and cause serious injuries or fatalities for the motorcyclist.
THE ELEMENTS OF NEGLIGENCE YOU MUST PROVE
In Alabama, to establish negligence on the part of the other driver in a motorcycle accident case, the following elements must be proved:
- Duty: The other driver had a legal duty to exercise reasonable care while driving to avoid injuring others, including motorcyclists.
- Breach of Duty: The other driver breached their legal duty of care by acting unreasonably or failing to act reasonably under the circumstances, such as by violating traffic laws, driving recklessly, or failing to yield the right of way to a motorcyclist.
- Causation: The other driver's breach of duty caused or contributed to the motorcycle accident, meaning that the accident would not have occurred but for the other driver's negligence.
- Damages: The motorcyclist suffered damages, such as physical injuries, property damage, medical bills, lost wages, and pain and suffering, as a result of the accident.
Proving all four of these elements is essential to establish the other driver's liability and recover compensation in a motorcycle accident case in Alabama.
HOW LONG DO I HAVE TO FILE A LAWSUIT AFTER A MOTORCYCLE ACCIDENT IN ALABAMA?
In Alabama, the personal injury statute of limitations sets a deadline of two years from the date of the motorcycle accident for victims to file a lawsuit seeking compensation.
According to Ala. Code § 6-2-38, if this deadline passes without a lawsuit being filed, the victim loses the right to take legal action and pursue compensation. However, there are some exceptions to this deadline, such as, if the victim was a minor at the time of the accident, if the defendant left the state or concealed themselves, or if the victim did not immediately realize their injuries.
To ensure the best possible outcome in a motorcycle accident case, it is crucial to contact an attorney as soon as possible after the accident. This allows the attorney to begin building a strong case well in advance of the deadline, gathering evidence, and interviewing witnesses to establish liability and damages.
Additionally, early contact ensures that the victim or their family members are aware of their legal rights and options and can make informed decisions about how to proceed.
Fatal Motorcycle Accidents
Motorcycle accidents can be catastrophic and, in some cases, even fatal. Losing a loved one in a motorcycle crash is an incredibly difficult and traumatic experience. After such a loss, it is important to take some immediate steps to preserve a claim.
First, it is important to notify the authorities and ensure that a police report is filed. This report will provide valuable information about the accident, including the date and time, the location, and the names and contact information of any witnesses.
It is also important to consult with an experienced motorcycle accident attorney as soon as possible. An attorney can help you navigate the legal system and ensure that your rights are protected. They can also help you to pursue a wrongful death claim if necessary.
In addition to contacting an attorney, it is important to take care of yourself and your family during this difficult time. This may involve seeking counseling or other forms of emotional support, as well as taking time off work or other obligations to grieve and heal.
Finally, it is important to be patient and allow the legal process to run its course. This may take time, but an experienced attorney can help you navigate the process and ensure that your loved one's memory is honored and protected.
In Alabama, a death resulting from a motorcycle crash may be covered under the state's wrongful death statute. The Alabama Wrongful Death Act is a law that allows the personal representative of the deceased person's estate to file a lawsuit seeking compensation for the wrongful death of their loved one.
Under the Alabama Wrongful Death Act, the personal representative can sue the person or entity responsible for the death and seek damages for the following:
- The deceased person's pain and suffering before death;
- The medical and funeral expenses incurred as a result of the death; and
- The lost income and financial support the deceased person would have provided to their family if they had not died.
The loss of companionship, care, and affection the deceased person would have provided to their family
In a motorcycle accident wrongful death case, the personal representative must prove that the other driver's negligence caused the accident and ultimately resulted in the death of the motorcyclist.
Factors Contributing to Motorcycle Accidents
Understanding the various factors that contribute to motorcycle accidents is crucial for both riders and other road users. These accidents can result from a combination of factors, often leading to severe consequences.
Here, we delve into some of the primary contributors.
#1 – Lack of Visibility
Motorcycles are smaller and less visible than other vehicles on the road, which makes them more susceptible to collisions.
Factors such as blind spots, inclement weather conditions, and obstructions on the road further reduce visibility and increase the risk of accidents.
#2 – Distracted Driving
In today's digital age, distracted driving has become a significant concern. Drivers may be distracted by smartphones, navigation systems, or other passengers, diverting their attention from the road.
Unfortunately, this can lead to accidents, especially when drivers fail to notice motorcycles sharing the road.
#3 – Lane Splitting
Lane splitting, the practice of riding between lanes of slow-moving or stopped traffic, is legal in some states but prohibited in others, including Alabama.
However, even where legal, it poses risks to motorcyclists. Other drivers may not anticipate motorcycles passing between lanes, increasing the likelihood of accidents.
#4 – Speeding and Reckless Driving
Excessive speed and reckless maneuvers are common factors in motorcycle accidents. Some riders may exceed the speed limit or engage in aggressive driving behaviors, compromising their safety and that of others on the road.
Additionally, other motorists' failure to adhere to speed limits and traffic laws can contribute to collisions involving motorcycles.
#5 – Impaired Driving
Alcohol, drugs, and other impairments significantly impair a motorist's ability to operate a vehicle safely.
Impaired drivers may exhibit slowed reaction times, impaired judgment, and reduced coordination, increasing the risk of accidents involving motorcycles and other vehicles.
#6 – Road Hazards
Road hazards such as potholes, debris, uneven pavement, and slippery surfaces pose significant risks to motorcyclists.
These hazards can cause loss of control, leading to accidents and serious injuries. Additionally, inadequate signage or poorly maintained roadways can contribute to accidents, especially for riders unfamiliar with the area.
#7 – Inexperienced Riders
Inexperience is a common factor in motorcycle accidents, particularly among novice riders. Lack of training, improper riding techniques, and insufficient understanding of traffic laws can increase the likelihood of accidents.
Additionally, seasoned riders may overestimate their abilities, putting themselves at risk of collisions.
#8 – Vehicle Maneuvers
Collisions involving motorcycles often occur when other vehicles make abrupt maneuvers, such as sudden lane changes, turns without signaling, or unexpected stops.
Motorcyclists have less protection than occupants of enclosed vehicles, making them more vulnerable to injury in such situations.
Common Injuries in Alabama Motorcycle Accidents
Motorcycle accidents can result in a wide range of injuries, varying from minor to severe and sometimes even fatal.
Due to the lack of protective barriers that cars offer, motorcyclists are particularly vulnerable to injuries.
In Alabama, these injuries often fall into several categories:
- Traumatic Brain Injuries (TBIs): TBIs are among the most severe injuries motorcyclists can sustain. Even when wearing helmets, riders can suffer concussions or more severe brain trauma due to the impact of a crash. These injuries can have long-lasting effects, including cognitive impairment, memory loss, and changes in behavior.
- Spinal Cord Injuries: Motorcycle accidents frequently result in spinal cord injuries, which can lead to partial or complete paralysis. These injuries dramatically impact a person's quality of life and may require ongoing medical care, rehabilitation, and adjustments to daily living.
- Fractures and Orthopedic Injuries: The impact of a motorcycle accident can cause fractures to various parts of the body, including arms, legs, ribs, and the pelvis. These fractures can range from minor to severe and may necessitate surgery, immobilization, and extensive rehabilitation.
- Road Rash: Road rash occurs when a motorcyclist's unprotected skin scrapes against the pavement during a crash. This friction can cause painful abrasions, lacerations, and even deep tissue damage. In severe cases, road rash may lead to infections and scarring.
- Internal Injuries: The force of a collision can also cause internal injuries, such as organ damage, internal bleeding, and chest injuries. These injuries may not always be immediately apparent and can worsen over time if left untreated.
- Emotional Trauma: Beyond physical injuries, motorcycle accidents can also result in significant emotional trauma. Survivors may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological issues following the accident.
- Fatalities: Tragically, some motorcycle accidents in Alabama result in fatalities. The combination of high speeds, lack of protection, and the vulnerability of motorcyclists makes them more susceptible to fatal injuries in collisions with larger vehicles.
Motorcyclists and other road users must recognize the potential severity of these injuries and take appropriate precautions to mitigate the risks associated with riding.
Additionally, understanding the types of injuries that can occur in motorcycle accidents is essential for policymakers, law enforcement, and healthcare providers to develop effective strategies for prevention and treatment.
Legal Options for Victims of Motorcycle Accidents
In the aftermath of a motorcycle accident, victims may explore various legal options to seek compensation for their injuries and losses:
- Personal Injury Claims: Victims can file personal injury claims against the at-fault party to recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
- Contributory Negligence: Alabama follows a strict contributory negligence doctrine, meaning that if the plaintiff is found to be even 1% responsible for their injuries, they may be barred from recovering anything at all.
- Uninsured/Underinsured Motorist Coverage: Motorcyclists can protect themselves by carrying uninsured/underinsured motorist coverage, which can provide financial assistance in the event of a collision with an uninsured or underinsured driver.
- Legal Representation: Seeking guidance from an experienced personal injury attorney is crucial for navigating the complexities of Alabama's legal system, ensuring that victims receive fair compensation for their injuries and losses.
Alabama's scenic roads offer motorcyclists an unparalleled experience, but the risks of accidents and injuries are ever-present.
By understanding the frequency of accidents, the types of injuries that may occur, and the legal options available, riders can prioritize safety while protecting their rights in the event of an unfortunate collision.
Stay informed, stay vigilant, and should you find yourself involved in a motorcycle accident in Alabama, seeking experienced legal representation is the best way to ensure you recover the compensation you deserve the right way, the first time.
#1 – What Should I Do If the Other Driver Doesn't Have Insurance?
If you're involved in an accident with an uninsured driver, you may still have options for recovering compensation.
Your uninsured motorist (UM) coverage can help cover your medical expenses, lost wages, and other damages.
Similarly, underinsured motorist (UIM) coverage can provide additional protection if the at-fault driver's insurance coverage is insufficient to fully compensate you for your losses.
#2 – Should I Accept a Settlement Offer From the Insurance Company?
Before accepting any settlement offer from the insurance company, it's essential to carefully evaluate the offer and consider consulting with a Huntsville, Alabama car accident attorney.
Insurance companies may attempt to settle claims quickly and for less than they are worth. An attorney can assess the adequacy of the settlement offer and negotiate on your behalf to seek fair compensation for your injuries and damages.
#3 – What If I'm Partially at Fault for the Accident?
Alabama follows the doctrine of pure contributory negligence, which means that if you are found to be even partially at fault for the accident, you may be barred from recovering any compensation.
It's crucial to avoid admitting fault at the scene of the accident and to refrain from making statements that could be construed as an admission of liability. Seeking legal guidance can help protect your rights and interests if there are disputes over fault.
#4 – Can I Recover Compensation for Pain and Suffering After a Car Accident?
Yes, individuals injured in car accidents may be entitled to compensation for pain and suffering, in addition to economic damages such as medical expenses and lost wages.
Pain and suffering damages are intended to compensate for the physical pain, emotional distress, and diminished quality of life resulting from the accident and injuries sustained.
Calculating these damages often requires consideration of various factors, including the severity of the injuries, prognosis for recovery, and impact on daily activities and relationships.
Compensation Starts With Experienced Legal Help
If you’re ready to partner with experienced legal help, call or text us today for a free and confidential consultation.
Our Alabama motorcycle accident attorneys have recovered millions for our clients and stand ready to provide you with personalized, evidence-based approaches to recovering the compensation you deserve.