Motorcycle Accident Lawyer | Birmingham, Alabama



Motorcycles are statistically the most dangerous vehicles to operate on any road, including Alabama's. What would typically be a minor accident between to automobiles often leads to very serious injuries and damages when a motorcycle is involved. This may be a confusing and unique time in your life, as the claims process and resolving a legal dispute are complex matters. The good news is that car accident lawyers handle these matters on a routine basis, and are available to guide you.

The Process for Filling a Personal Injury Claim

The process for filing a personal injury claim after a motorcycle accident typically involves the following steps:

  1. Seek medical attention for any injuries sustained in the accident.
  2. Gather evidence of the accident, such as police reports, photos of the scene, and witness statements.
  3. Contact an experienced personal injury attorney to discuss your case and determine if you have a valid claim.
  4. If your attorney determines that you have a valid claim, they will begin the process of negotiating a settlement with the insurance company representing the other driver.
  5. If a settlement cannot be reached, your attorney may file a lawsuit on your behalf.
  6. If a settlement or judgement is reached, the funds will be used to cover any medical expenses, lost wages, and other damages sustained in the accident.

It's important to note that motorcycle accident cases are often more complex than car accident cases. Insurance companies may try to argue that the motorcyclist was at fault for the accident, or that the rider should not have been on a motorcycle in the first place. An experienced motorcycle accident attorney will know how to counter these arguments and build a strong case on your behalf.

As with any legal process, the time frame and specifics can vary depending on the jurisdiction and the complexity of the case. It's important to have a clear understanding of the specific laws and regulations in your state in order to navigate the process and achieve a successful outcome.

WHAT TO DO FIRST

  • Check for injuries and Call 911 if necessary - the absolute first thing you should do is check to see if you or anyone else is seriously injured and call 911 to request immediate emergency assistance. 
  • Seek and obtain medical treatment - if you do not have insurance, you can contact me and I will attempt to get you in to see a doctor. 
  • Legal duties of drivers involved in motor vehicle accidents in AlabamaAla. Code § 32-10-1
    • Remove vehicle from roadway
    • Give information and render aid
    • Identify owners of damages property and leave contact information 
    • Immediatlely notify local law enforcement 
  • Contact a car accident lawyer to make sure you are preserving your legal rights

HOW TO PRESERVE VALUE

It's safer to think of preserving settlement value instead of maximizing. There are several steps you can take to preserve your claim value. 

  • Take down witness names and phone numbers
  • Document your activity, such as trips to the doctor, and how your life has changed as a result of your injury - if you keep a journal or diary, it's very likely you will have to show it to the defense during a lawsuit
  • Keep copies of everything - make a file folder for your records
  • Avoid speaking with the adjuster if you intend to consult an attorney. If you do speak with an adjuster, be mindful that your conversation is possibly being recorded
  • Stay mindful of what you share on social media. It's not a good idea to start attempting to delete things, but you can limit your future acitivity. You should also stay aware that it's very possible that a private investigator is watching you. 
  • If you are engaged in long-term medical treatment, such as physical therapy or rehabilitation, it is best to wait until you have either completed treatment, or have reached a sustainable plateau of improvement. You only settle once, and cannot come back if you later realize your medical condition didn't improve as much as anticipated.
  • Stay in contact with your car accident lawyer, and make sure your lawyer is informed of anything that happens regarding your claim

Types of Injuries

Motorcycle accidents can result in a wide range of injuries, some of which can be severe and life-altering. The most common types of injuries in a motorcycle accident case include:

  1. Road rash: This is a type of injury that occurs when a rider's skin rubs against the pavement. Road rash can range from minor scrapes to severe lacerations that require surgery.
  2. Fractures: Motorcycle accidents can cause fractures in the rider's arms, legs, ribs, and other bones. These injuries can be debilitating and require extensive medical treatment and rehabilitation.
  3. Head injuries: The brain is vulnerable to injury in a motorcycle accident, and head injuries are a common occurrence. These can range from minor concussions to severe traumatic brain injuries that can have lifelong consequences.
  4. Spinal cord injuries: Motorcycle accidents can result in injuries to the spine, which can cause paralysis or loss of sensation in the limbs. These injuries are often permanent and can require lifelong care and assistance.
  5. Internal injuries: Internal injuries, such as damage to the liver, lungs, or other organs, can occur in a motorcycle accident. These injuries can be life-threatening if not treated promptly.
  6. Psychological injuries: Trauma from a motorcycle accident can also result in psychological injuries such as anxiety, depression, and post-traumatic stress disorder.

It is important to note that motorcycle riders are more exposed to injuries than car drivers because they lack the protection of a car's frame and safety features. Therefore, motorcycle accidents can result in more severe injuries, and the recovery process can be longer and more difficult.

In conclusion, motorcycle accidents can result in a wide range of injuries, some of which can be severe and life-altering. It is important for motorcycle riders to take safety precautions, such as wearing protective gear, to minimize the risk of injury. If a rider is involved in an accident, they should seek medical attention immediately, and contact an attorney who specializes in personal injury claims and motorcycle accidents to assess the strength of their claim.

Motorcycle accidents can occur in a variety of ways, and each type of accident can result in different types of injuries. Some of the most common types of motorcycle accidents and the injuries they can cause are:

  1. Single-vehicle accidents: These accidents occur when a motorcycle collides with a fixed object, such as a guardrail or tree. Injuries in these accidents can include road rash, fractures, head injuries, and internal injuries.
  2. Head-on collisions: These accidents occur when a motorcycle collides with another vehicle head-on. Injuries in these accidents can be severe and can include fractures, head injuries, spinal cord injuries, and internal injuries.
  3. Rear-end collisions: These accidents occur when a motorcycle is hit from behind by another vehicle. Injuries in these accidents can include road rash, fractures, head injuries, and whiplash.
  4. Lane-splitting accidents: These accidents occur when a motorcycle is hit by a vehicle while the rider is trying to pass between two lanes of traffic. Injuries in these accidents can include road rash, fractures, head injuries, and internal injuries.
  5. Rollover accidents: These accidents occur when a motorcycle tips over while in motion. Injuries in these accidents can include road rash, fractures, head injuries, and internal injuries.
  6. High-speed accidents: These accidents occur when a motorcycle is involved in a high-speed collision with another vehicle. Injuries in these accidents can be severe and can include road rash, fractures, head injuries, spinal cord injuries, and internal injuries.

It is important to note that the severity of injuries can be affected by the speed of the accident, the type of motorcycle, the rider's protective gear, and the rider's position on the motorcycle at the time of the accident. Additionally, some injuries may not be immediately apparent and may take time to manifest.

In conclusion, different types of motorcycle accidents can create different types of injuries, and the severity of the injuries can depend on a variety of factors. It is important for riders to take safety precautions, such as wearing protective gear, to minimize the risk of injury in the event of an accident. If a rider is involved in an accident, it is important for them to seek medical attention immediately, and contact an attorney who specializes in personal injury claims and motorcycle accidents to assess the strength of their claim.

Motorcycle Accident Laws in Alabama

Motorcycle accident lawsuits are typically governed by Alabama law, and proving liability (who's fault the accident was) is similar to the manner it is done in an auto accident lawsuit. The Alabama law that addresses motorcycles specifically is Ala. Code § 32-12, et seq.,which include regulations such as: 

Helmets must: 

  • Be designed for motorcycle use
  • Be composed of a nonshatterable material
  • Contain a shock absorbent cradle between the head and the outer shell
  • Contain impact absorbent padding
  • Have a chin strap that must be secured while the motorcycle is in motion
  • Meet the minimum regulations of the USA standards set forth in Z-90 regulations of 1966

Motorcycle Licenses

  • A Class M motorcycle licens can be obtained in Alabama by drivers as young as 14 years old
  • Minors aged 17 years and younger are subject to operating restrictions prohibiting driving between the hours of 12:00 midnight and 6:00 am. 

The most common defendants include: 

  • The Driver of the other vehicle involved
  • The Manufacturer of the other vehicle involved
  • The Repair or Service Mechanic of the other vehicle involved
  • The Motorcycle Manufacturer
  • The Motorcycle Repair or Service Mechanic
  • If the at-fault driver was working when the accident occured - their Employer
  • Any other third party driver that may have contributed to the accident

In some cases, more than one potential defendant may be liable for your damages and injuries. Motorcycle accident lawyers are familiar with the types of defendants that can be included in a motorcycle accident lawsuit.You are invited to contact me to hear more about which defendants should be included in your Motorcycle Accident lawsuit. 

 

Non-Economic Damages

In addition to the financial costs of medical treatment and lost wages, motorcycle accident victims may also suffer non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.

Pain and suffering is a type of non-economic damage that refers to the physical and emotional pain that a person experiences as a result of their injuries. This can include things like chronic pain, discomfort, and limitations on daily activities. For example, a motorcycle accident victim who suffers from a spinal cord injury may experience chronic pain and discomfort as well as limitations on their ability to move and participate in activities they once enjoyed.

Emotional distress is another type of non-economic damage that can result from a motorcycle accident. This can include things like anxiety, depression, and post-traumatic stress disorder. For example, a motorcycle accident victim who has suffered a traumatic brain injury may experience emotional distress as a result of their injury, such as anxiety and depression, which can greatly affect their quality of life.

Loss of enjoyment of life is another type of non-economic damage that can result from a motorcycle accident. This refers to the impact that an injury has on a person's ability to participate in activities they once enjoyed. For example, a motorcycle accident victim who suffers a spinal cord injury may no longer be able to participate in activities such as hiking, biking, or dancing, which can greatly affect their quality of life.

Economic damages, on the other hand, are damages that have a measurable financial impact on the victim. These can include medical bills, lost wages, and property damage. For example, a motorcycle accident victim who suffers a broken leg may incur significant medical expenses for treatments such as surgery and physical therapy, as well as lost wages if they are unable to work during their recovery.

In conclusion, motorcycle accident victims can suffer both economic and non-economic damages. Economic damages are those that have a measurable financial impact on the victim, such as medical bills and lost wages. Non-economic damages are those that have an impact on the victim's quality of life, such as pain and suffering, emotional distress, and loss of enjoyment of life. It is important for motorcycle accident victims to be aware of the full range of damages they may be entitled to in order to ensure that they are fully compensated for their injuries.

Economic damages refer to the measurable financial impact that a motorcycle accident has on the victim. These types of damages can include medical expenses, lost wages, and property damage. Understanding the full extent of economic damages is important for motorcycle accident victims, as it can help them to ensure that they are fully compensated for their injuries.

Medical expenses are one of the most significant types of economic damages that a motorcycle accident victim may incur. These expenses can include the cost of emergency medical treatment, hospitalization, surgery, physical therapy, and other medical treatments. For example, a motorcycle accident victim who suffers a broken leg may incur significant medical expenses for surgery and physical therapy, as well as ongoing expenses for pain medication and follow-up medical appointments.

Lost wages are another important type of economic damage that can result from a motorcycle accident. If a motorcycle accident victim is unable to work as a result of their injuries, they may incur lost wages. This can include both the wages that they would have earned while they were unable to work as well as any future earning potential that may be impacted by the injury. For example, a motorcycle accident victim who suffers a spinal cord injury may be unable to return to their job as a construction worker, which would result in a significant loss of earning potential.

Property damage is another type of economic damage that can result from a motorcycle accident. This can include damage to the motorcycle itself, as well as any other property that may be damaged as a result of the accident. For example, a motorcycle accident victim may incur expenses for repairs or replacement of their motorcycle, as well as expenses for the replacement of any personal property that may have been damaged in the accident.

In conclusion, motorcycle accident victims can suffer significant economic damages as a result of their injuries. These damages can include medical expenses, lost wages, and property damage. Understanding the full extent of these damages can help motorcycle accident victims to ensure that they are fully compensated for their injuries. It is important for motorcycle accident victims to document all of their expenses, including medical bills, lost wages, and property damages, to support their claim for compensation.

Looking for Answers About Your Claim?

Contact us for your FREE Case Evaluation and get the ANSWERS you're looking for.

Negligence

Negligence is a legal concept that plays a crucial role in determining liability in a motorcycle accident injury claim. In order to hold another party liable for the injuries and damages suffered in a motorcycle accident, it must be established that the party acted negligently.

Negligence refers to the failure to exercise reasonable care in order to prevent harm to others. In the context of a motorcycle accident, negligence can take many forms. For example, a driver of a car who causes an accident with a motorcycle because they were distracted by their phone, was under the influence of alcohol or drugs, or failed to obey traffic laws, can be considered negligent.

To prove negligence in a motorcycle accident injury claim, the victim must establish the following elements:

  1. Duty of care: The defendant (the person or entity being sued) had a legal duty to exercise reasonable care to prevent harm to the plaintiff (the person bringing the claim).
  2. Breach of duty: The defendant breached their duty of care by acting or failing to act in a way that a reasonably prudent person would not have.
  3. Causation: The defendant's breach of duty caused the plaintiff's injuries.
  4. Damages: The plaintiff suffered damages as a result of the defendant's negligence.

For example, a driver of a car who causes an accident with a motorcycle because they were distracted by their phone and failed to yield to the motorcycle, can be considered negligent, as they breached their duty of care by not paying attention to the road. The victim of the motorcycle accident suffered injuries and damages, such as medical expenses and lost wages, because of the driver's negligence.

In conclusion, negligence plays a crucial role in determining liability in a motorcycle accident injury claim. To prove negligence, the victim must establish that the defendant had a duty of care, breached that duty, caused the victim's injuries, and that the victim suffered damages as a result. A motorcycle accident attorney can help the victim to prove negligence, and seek compensation for the damages suffered.

PROVING NEGLIGENCE

Proving negligence in a motorcycle accident injury claim requires evidence and witness statements that demonstrate that the defendant had a duty of care, breached that duty, and caused the victim's injuries.

The first step in proving negligence is to gather evidence that shows the defendant had a duty of care. This can include things like traffic laws, industry standards, and the defendant's own actions. For example, if the driver of a car caused an accident with a motorcycle by running a red light, traffic laws would establish that the driver had a duty to obey traffic signals and stop at red lights.

Next, the victim must gather evidence that shows the defendant breached their duty of care. This can include things like eyewitness accounts, photographs of the accident scene, and the police report. For example, if a witness saw the driver of the car on their phone just before the accident, this would be evidence that the driver was distracted and breached their duty to pay attention to the road.

The victim must also prove causation, which means that the defendant's breach of duty caused the victim's injuries. This can be demonstrated through medical records, expert testimony, and accident reconstruction reports. For example, if the victim suffered a broken leg and a medical expert can testify that the broken leg was caused by the impact of the accident, this would be evidence of causation.

Finally, the victim must prove that they suffered damages as a result of the defendant's negligence. This can include things like medical expenses, lost wages, and pain and suffering. For example, if the victim incurred medical expenses for surgery and physical therapy, and lost wages because they were unable to work, this would be evidence of damages.

Gathering evidence and witness statements is crucial in proving negligence in a motorcycle accident injury claim. Eyewitness accounts, photographs, and the police report can all help to establish the cause of the accident and who was at fault. Medical records, expert testimony, and accident reconstruction reports can help to demonstrate the extent of the victim's injuries and how they were caused.

In conclusion, proving negligence in a motorcycle accident injury claim requires evidence and witness statements that demonstrate that the defendant had a duty of care, breached that duty, and caused the victim's injuries. Gathering evidence, such as photographs, eyewitness accounts, and police report, medical records, expert testimony, and accident reconstruction reports, is crucial in proving negligence and seeking compensation for the damages suffered. An attorney who specializes in motorcycle accident injury claims can help the victim to gather and present the necessary evidence to prove negligence and seek compensation for the damages suffered.

How long does a motorcycle accident lawsuit last?

Each of us are different, and so are our injuries. A reasonable timeframe for your claim to resolve is in the 9-18 month range, however, settlement is a possiblity as soon as you reach Maximum Medical Improvement (MMI). You typically have to file a lawsuit within two years of the date of your injury. 

Even after your lawsuit is filed, there are still several stages for the average Motorcycle Accident claim. 

Your Medical Treatment - Maximum Medical Improvement

The first thing that needs to take place is your medical treatment. Maximum Medical Improvement, or "MMI", is a term that indicates that your medical situation has stabilized. It doesn't mean you are fully healed, it means that you have healed as much as you are going to heal. You have reached a plateau, and we can glean a clear picture of how your work-injury has permanently affected you. We know how much you healed, and how much you didn't. Only after you complete your medical treatment can we start to talk about how much money you are due in compensation for your permanent damages. 

The Lawsuit

The motorcycle accident lawsuit starts when we file a Complaint. It doesn't have to be after you reach MMI, but it does need to be within two years of your injury. Here's a rough outline of the motorcycle accident lawsuit process: 

  • Complaint: we start by filing a complaint in the appropriate court. Probably whatever county you were in when you suffered your injury. 
  • Answer: The defendants then have 30 days to file their response, which is called and answer. They are answering our complaint. 
  • Discovery: Each side has to swap evidence, and answer written questions about the lawsuit. Each side gets 30 days to do that. 
    • Subpeonas: If additional evidence is available, and neither party has it (like medical records) then we have to issue subpoenas for the records. Those take at least 30 days to complete. 
    • Depositions: Once the document evidence is gathered and reviewed, we start to schedule depositions. It typically takes a month or two after all of the evidence is gather for both parties to prepare for depositions. We will speak with available witnesses and your doctors. During a car accident deposition, both lawyers appear and are given an opportunity to ask questions of the witness, who must testify under oath in response. 
  • Mediation: At this point, many motorcycle accident lawsuits attempt a formal settlement procedure known as mediation. The lawyers for both sides of the motorcycle accident lawsuit appear at an office along with you and the defendant, and an additional person known as a mediator. With all lawyers and parties present, the mediator attempts to facilitate a settlement. 
  • Informal negotiations: The lawyers for both sides continue to attempt to reach an agreement through email and phone conversations. 
  • Trial: if mediation and negotiation is unsuccessful we go to trial. Motorcycle accident trials can last anywhere from 3 days to 3 weeks, depending on the complexity of your situation, such as how many defendants there are, and how many witnesses are required to testify about either the nature and extent of your medical injuries, or the facts and events of the car accident itself. 

Settlement Mediations 

Mediation- motorcycle accident claims often settle through either negotiations of the parties or through a process known as Mediation. Mediation is a formal settlement meeting. It is usually done in an office. I will be in one conference room with you, and the defense lawyer and his or her client will be in another conference room. A third party known as a Mediator goes back-and-forth between the two conference rooms and communicates offers from one party to another.

Mediators are a paid service. We split the cost with the defense, although many times we can get them to agree to pay for the mediator if a settlement is reached. Mediators are knowledgeable about motorcycle accident laws, and can help to evaluate the strengths and weaknesses of both parties involved in the mediation.

  • We tell the Mediator why we think our case is strong and the defense's case is weak
  • The defense tells the Mediator why their case is strong and ours is weak.
  • The Mediator goes back-and-forth between the two parties and tries to help us reach an agreement through this method.

Mediation is voluntary, even if participation is mandatory. We cannot force a defendant to pay anymore money than they are willing to pay at mediation. That is what trial is for. Mediation is an attempt to reach a voluntary agreement. Each party has a degree of control: The defendant controls how much money they are willing to offer; the plaintiff controls the "Yes" or "No."

Negotiation- At any point in the process your workers comp claim can settle. If you claim cannot settle prior to filing a lawsuit, then you typicall don't get full settlement value unless we proceed at least through the point of your deposition, and often times further. On average that is somewhere around 9-18 months. But, everyone's claim is different, many take longer than 18 months, and there are ways to make it go faster than 9 months if things work in our favor. Your claim certainly does not have to be average. To tell you more about your particular claim, I would have to know more about your case. You are invited to call me: (205) 335-4190 or complete one of my contact forms and I will reach out if I think I can help you. 

Motorcycle Accident Attorney Fees

Fees for motorcycle accident lawsuits are handled on contingency fee basis. The rate is set on a case-by-case basis. The good news is that you don't have to pay me anything out-of-pocket. The only way you pay me is out of your recovery. 

Motorcycle Accident Lawsuit Expenses

In a Contingency Fee situation, I usually will pay case expenses on the front-end on the condition that you agree to pay me back out of any recovery from your claim. Expenses commonly include:

  • Filing Fee: to file your claim into court
  • Records Fee: copy fees to gather your records
  • Depositions:
    • court reporter appearance fee
    • transcript fees
    • doctors typically charge between $1,000 and $1,500 for a one-hour deposition.
  • Accident Experts: It is not uncommon to require an expert to testify at your trial to help prove your case to the jury. In cases that require expert testimony, the costs associated with hiring and retaining experts can reach $50,000 to $100,000. Situations where a motorcycle accident lawsuit might require an expert:  
    • Expert witness engineers may be required to study the mechanics of what happened in your accident, and scientifically "reconstruct" the events of your accident to testify why it was a particular defendant's fault. 
    • Expert witness doctors may be required to review your medical records and give medical opinions on how the permanent damages of your injury are going to impact the rest of your life. 

I try not to incur fees on your behalf unless they are necessary, but, you can see how motorcycle accident claims that go to trial can incur tens of thousands of dollars in fees.

 

If your claim is denied, and we lose in court, then you do not owe me the expense money I spent on your claim. There is a certain amount of risk on my end involved in taking claims on a contingency fee structure, but, most of my clients are hurt and cannot work. They are in the worst position they could be in to hire a lawyer. Once I'm on your team, and standing in your corner, we either win together or we lose together.

How can we help?

A personal injury law firm can offer a wide range of services to individuals who have been involved in a motorcycle accident. These services can include investigation, negotiation with insurance companies, and representation in court.

Investigation is one of the key services that a personal injury law firm can offer in a motorcycle accident case. This may involve gathering evidence, such as photographs of the accident scene, witness statements, and the police report. The law firm may also investigate the accident further, such as by hiring an accident reconstruction expert to determine how the accident occurred and who was at fault.

Negotiation with insurance companies is another important service that a personal injury law firm can offer in a motorcycle accident case. The firm will work to negotiate a settlement with the insurance company on behalf of the victim. This may involve valuating the victim's damages, such as medical expenses, lost wages, and pain and suffering, and presenting that information to the insurance company in an effort to reach a settlement.

If a settlement cannot be reached, the personal injury law firm can represent the victim in court. This may involve preparing and filing a lawsuit, as well as representing the victim in court proceedings. This includes the gathering of evidence, interviewing of witnesses, drafting and filing legal documents and representing the victim in court.

Additionally, a personal injury law firm can help the victim to understand the legal process and their rights. They will be able to explain the different types of damages that may be available, such as economic and non-economic damages, and help the victim to understand the different stages of the legal process, including the statute of limitations, which is the time frame within which a lawsuit must be filed.

In conclusion, a personal injury law firm can offer a wide range of services to individuals who have been involved in a motorcycle accident. These services can include investigation, negotiation with insurance companies, and representation in court, as well as providing guidance and support throughout the legal process and helping the victim to understand their rights and the types of damages they may be entitled to. These services can be crucial in helping motorcycle accident victims to fully recover compensation for their injuries and damages, and to move forward with their lives.

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.


Don't delay getting the recovery you deserve! Contact us today for your free Strategy Session!

-How Can I Help?-

-Information Center-
-Common Questions-
-Types of Injuries-