If you or a loved one have been involved in a motorcycle accident, then you know how dangerous they can be. There is nothing that stands between the rider and the road. If you get hit by a car, you could get thrown from your bike and suffer serious injuries. You’ll need to call a Birmingham motorcycle accident attorney right away.
Spring is a beautiful time of the year to ride. The problem is, this time of year is also more dangerous for motorcycle drivers. There is increased traffic on the road and drivers typically don’t pay enough attention to motorcyclists.
There is a bias toward motorcycle riders. People complain that they drive too fast and weave in and out of traffic. And, this is true for some riders. Some people can’t resist the freedom that comes with riding a motorcycle.
But cars still owe you a certain duty of care. If they breach this care, you’re going to need to contact our Birmingham motorcycle accident attorneys.
- 1 Most Motorcycle Accident Cases are Based on Negligence
- 2 Why Do Insurance Companies Deny Motorcycle Accident Claims?
- 3 Your Birmingham Motorcycle Accident Attorney Will Demand You be Compensated for Your Injuries
- 4 What are the Damages Involved in a Motorcycle Accident Case?
- 5 Your Birmingham Motorcycle Accident Attorney Will Rely on the Police Report to Prove Causation
- 6 Contact an Experienced Birmingham Motorcycle Accident Lawyer
Most Motorcycle Accident Cases are Based on Negligence
We call them accidents because they are mistakes. Cars don’t go out of their way to hit motorcycle riders. It just happens. Drivers aren’t careful enough when it comes to spotting motorcycle riders. Because bikes are so much smaller than cars, people tend to miss them when checking their mirrors.
In order to prove that the motorcycle crash was caused by the other driver, your motorcycle accident lawyer will have to prove negligence. This means your lawyer will have to demonstrate the following:
- The other driver owed you a certain duty of care
- They breached this duty
- This breach caused the accident
- You were injured as a result
Proving that the driver owed you a duty of care is easy. Every driver on the road is required to look out for other motorists. It doesn’t matter whether they’re cars or motorcycles. It’s also not that difficult to prove you were injured. If you go to the hospital, they’ll document your injuries.
The problem is proving that the driver breached his duty. Your lawyer will have to prove that the driver didn’t behave the way he or she should have. The other driver is not going to admit that the accident was their fault. Your Birmingham motorcycle accident attorney will have to prove this.
Some of the ways your lawyer will prove that the crash was caused by the other driver include:
- Testimony from witnesses who saw the accident
- Sworn affidavits from you about how the accident happened
- All recordings from possible cameras
- Abstracts of the other driver’s accident and driving records
Testimony from experts who will recreate the accident using pictures and the accident report
These things will show how the accident took place. Our experienced Birmingham motorcycle accident attorneys have years of experience doing this. They’ve handled dozens of motorcycle wreck cases just like yours.
If you can prove the driver is at fault, it should help get your motorcycle injury claim paid.
But, if it’s denied, your personal injury attorney can help you through the process.
Why Do Insurance Companies Deny Motorcycle Accident Claims?
Your claim may be denied for any number of reasons, including:
- The policy was canceled or lapsed
- The driver was not insured under the policy
- They believe the accident was your fault
- They don’t believe you were really hurt
- They don’t think the accident is what caused your injuries
Our Birmingham motorcycle accident attorneys can help guide you through the process of filing a claim. Your lawyer will call and speak to the insurance adjuster and see if the adjuster is willing to negotiate a settlement. If the insurance adjuster refuses to pay your claim, your Birmingham motorcycle accident attorney will have no choice but to file a lawsuit on your behalf.
Your Birmingham Motorcycle Accident Attorney Will Demand You be Compensated for Your Injuries
Motorcycle accidents are probably the most dangerous type of accident. Even if you’re wearing a helmet, you’re probably going to get hurt. And the injuries for motorcycle victims are worse than most.
Some of the more common injuries caused by motorcycle accidents include:
Traumatic Brain Injuries
This type of brain injury occurs when you suffer a severe blow to the head. A traumatic brain injury (TBI) is often life-threatening. It will change your life forever. You could end up completely paralyzed and unable to work ever again. You will probably need physical and occupational therapy as well. This means you’ll be in the hospital for weeks or months. Some of the symptoms of a TBI include:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
Back injuries are common with motorcycle accidents. You can imagine what happens when you get ejected off your bike. You may get smashed onto the side of the road. You could get run over by another vehicle. This causes serious back injuries. Back injuries can require surgery and long-term physical therapy.
Whiplash is a very common injury. You can suffer whiplash in a motorcycle accident. Although chances are, you’ll suffer an even more serious neck injury. You could even break your neck. This can cause partial or total paralysis. It really depends on where the break occurs. You could also suffer muscle and tendon tears. They can do the necessary tests at the hospital to see if you’ve suffered any neck injuries.
Burn injuries are more common with a motorcycle accident than other types of accidents. If your body is thrown from the bike, you may end up with road burn all over your body. Burns can also occur if your bike catches on fire from the impact. If this is the case, you could end up with second or third-degree burns. These burns will probably affect all exposed parts of your body. Even if you’re wearing protective clothing, there will be parts of your body uncovered.
Your Birmingham motorcycle accident attorneys will work hard to make sure you’re compensated for your injuries.
What are the Damages Involved in a Motorcycle Accident Case?
If you get hurt in a motorcycle accident, you are entitled to demand compensation for certain damages including injury and property damage. Your motorcycle accident lawyer can demand compensation for the following:
You are entitled to recover both current and future medical bills. You may require surgery, physical therapy, or long-term medical care. If that is the case, your lawyer will demand that you are reimbursement for your current and future medical expenses.
If you get hurt, you could miss work. If that is the case, your lawyer can submit timesheets to show the time that you missed.
Your bike will probably need to be repaired or replaced after the accident, and the defendant should pay for this.
Pain and Suffering
These damages are intended to compensate you for physical pain and the emotional trauma you suffered.
Just because you are in a motorcycle accident doesn’t mean you’re automatically entitled to compensation. Your motorcycle accident lawyer will have to prove you suffered damages.
Your Birmingham Motorcycle Accident Attorney Will Rely on the Police Report to Prove Causation
No matter what kind of accident you get in, you need to call the police immediately. It may be tempting to walk away from an accident after exchanging insurance information. But this is never a good idea.
You have no idea if the other driver has given you accurate insurance information. For all you know, the other driver could be driving a stolen car. This is just one of the reasons you need the police to investigate. They’ll verify the information provided by all parties involved in the motorcycle accident.
There are a lot of reasons why the driver may not want you to call the police:
- They’re driving a stolen vehicle
- They don’t have a valid license and registration
- Their insurance isn’t valid
- They were in the commission of a crime at the time of the accident
- They have active warrants
- They were under the influence of alcohol or drugs at the time of the crash
The police will investigate to see if any of these factors played a role in your accident. They’re also going to review the scene and prepare an accident report. This report will include information that your lawyer won’t be able to get later on.
Some of the valuable information contained in the police report include:
- Name, license, and insurance information for both drivers
- Name and contact information for witnesses
- Statements made by both drivers
- Witness statements
- Information about the scene, road conditions, and the vehicles
- Whether either driver was under the influence of alcohol or drugs at the time of the accident
- Information regarding any citations issued as a result of the accident
Even if your lawyer can find this information later, it’ll be expensive and time-consuming. The other issue is that some of this information can never be proven if not done at the scene. For example, if the driver was drunk or under the influence of drugs at the time of the accident, there’s only one way to prove it. Tests for blood alcohol content must be completed shortly after the accident and the police can make sure this is done.
Contact an Experienced Birmingham Motorcycle Accident Lawyer
If you’ve been hurt in a motorcycle accident, you’re going to need our Birmingham motorcycle accident attorneys. The expert lawyers at HWNN will work hard to get you the compensation you deserve.
Call and schedule your free initial consultation today. You can sit down with an experienced lawyer and ask any questions you may have. They can also review your case and let you know how much it may be worth.
Keep in mind – it’s your lawyer’s job to make you whole. It’s not the lawyer’s job to make you rich. Your lawyer will have to prove that your injuries were caused by the accident.
Contact a personal injury attorney in Birmingham today for a risk-free consultation and you pay nothing until you win your case. The other driver and insurance company will have lawyers working for them and you should too.
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