Alabama is a great state for motorcycle enthusiasts. According to data from Statista, there were more than 120,000 motorcycles registered in the state in 2021. Unfortunately, motorcyclists face some unique risks. They have limited protection—and if a crash occurs, the consequences can be catastrophic or even deadly.
At Lewis & Feldman, LLC, our law firm fights for the rights of injured motorcyclists in Alabama. We want to make sure that you have the knowledge and resources needed to protect your health, safety, rights, and interests after a collision. Here, our Birmingham motorcycle accident attorney answers seven of the most frequently asked questions (FAQs) about motorcycle injury claims in Alabama.
- What Should I Do After a Motorcycle Accident in Alabama?
Hurt in a motorcycle crash in Birmingham or elsewhere in Alabama? It is imperative that you take proactive measures to protect your health, well-being, and legal rights. Here is a list of steps you should take immediately after an accident:
- Ensure Your Safety and Report the Crash: Move to a safe area, if possible, to avoid further harm. You should also be sure to report the motorcycle accident to law enforcement right away.
- Seek Immediate Medical Attention: Even if you think you are not injured, it is important to be examined by a medical professional. Some injuries might not be immediately apparent.
- Thoroughly Document the Scene: Fault matters. Take photographs and video of the accident scene, your motorcycle, and any other vehicles involved.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Even if it is not your fault, your insurer should be notified.
- Contact an Alabama Motorcycle Accident Attorney: Speak to a lawyer who specializes in motorcycle accidents to understand your options.
- How Much More Likely are Motorcyclists to Be Injured in a Crash?
Motorcyclists are uniquely at risk. They are far more likely to suffer a serious injury in a collision than the occupants of passenger vehicles. According to data from the National Highway Traffic Safety Administration (NHTSA), motorcyclists are approximately four times more likely to be injured in a crash compared to occupants of cars. The NHTSA finds that 80% of motorcycle accidents lead to injuries to the rider. In contrast, only around 20% of passenger car crashes result in injuries. Even more alarming, the NHTSA data reveals that motorcyclists are about 25 times more likely to be catastrophically injured or killed in an accident.
- What is the Statute of Limitations for a Motorcycle Injury Claim in Alabama?
You have a limited amount of time to file a motorcycle accident injury claim in Alabama. Under state law, the statute of limitations for filing a personal injury claim following a motorcycle accident is two years from the date of the accident. It is important to file within this time frame, as failing to do so may prevent you from pursuing compensation for your injuries and damages. Do not fall behind in the claims process: Consult with a Birmingham, AL, motorcycle accident lawyer as soon as possible after a crash.
- How Does Motorcycle Accident Liability Work in Alabama?
Fault matters. For this reason, every motorcycle accident in Alabama should be carefully investigated by an experienced attorney. Similar to most but not all U.S. states, Alabama follows a fault-based system for motor vehicle accidents, including motorcycle accidents.
In effect, this means that the party found to be at fault for the accident is liable for the damages and injuries caused. In many cases, the at-fault party’s insurance company will be responsible for compensating the victim for medical bills, property damage, and other losses.
Unfortunately, motorcyclists sometimes face unfair stereotypes from police officers and insurance companies. You should never be blamed for a motorcycle accident that was not actually your fault. A top attorney will protect your rights and your interests.
- How Does Alabama’s Contributory Negligence Rule Impact a Motorcycle Accident Case?
Alabama is one of the few states that follows a contributory negligence rule. Under this rule, if you are found to be even partially at fault for the accident, you may be barred from recovering any compensation. As Alabama has this type of system in place, it makes it extremely important to gather evidence and build a strong case to prove that the other party was entirely at fault. Never admit or accept any of the blame for a motorcycle accident. Let your attorney figure it out.
- What Type of Compensation Can I Recover in an Alabama Motorcycle Accident Claim?
Alabama law allows injured motorcyclists to pursue compensation for economic losses and non-economic damages from the at-fault party. Our law firm fights hard to help injured riders secure the absolute maximum settlement or verdict. You may be entitled to recover the following types of damages in a motorcycle accident claim in Alabama:
- Motorcycle repairs;
- Medical bills;
- Physical therapy;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Physical disability;
- Scarring or disfigurement; an
- Wrongful death.
- Should I Give a Statement to an Insurance Company After a Motorcycle Crash?
No—at least not without an attorney on your side. It is always advisable to be cautious when dealing with insurance companies after a motorcycle crash. While you should report the accident to your own insurance company, be wary of giving a recorded statement, especially to the other party’s insurance company. They may use your statements against you to minimize or deny your claim. A top Alabama motorcycle accident lawyer will ensure your rights are protected.
Schedule a Free Consultation With Our Birmingham Motorcycle Accident Lawyer Today
At Lewis & Feldman, LLC, our Birmingham motorcycle accident attorney fights tirelessly to help injured victims secure the full and fair financial compensation that they deserve. If you or someone close to you was hurt in a motorcycle wreck, we are ready to help. Reach out to us by phone at 205-896-6410 or connect with us online for a no-cost, no-obligation consultation. With a legal office in Birmingham, we fight for the rights of motorcycle accident victims throughout Alabama.