Birmingham Motorcycle Accident Attorneys
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.
What you may not realize is that you could be entitled to significant compensation for your damages. At Hare, Wynn, Newell & Newton, we know you’ll need the help of one of our personal injury attorneys right away, so we are available 24/7.
With over a century of experience handling all types of auto accidents, we are ready to help you get the compensation you deserve for your injuries.
After an injury, you are likely facing a daunting pile of medical bills, repairs, and household expenses. When coupled with lost wages, recovering financially can be overwhelming and seem next to impossible. When you contact our office, you will receive a risk-free consultation with one of our experienced attorneys. This will allow you to get answers to all of your questions and find out how much your claim could be worth. We are committed to obtaining maximum compensation for each and every client, allowing them to focus on their physical recovery.
- 1 Most Motorcycle Accident Cases are Based on Negligence
- 2 Why Do Insurance Companies Deny Motorcycle Accident Claims?
- 3 Must A Medical Professional Be Consulted After A Motorcycle Accident?
- 4 What Should I Do After a Motorcycle Wreck?
- 5 We Will Demand You be Compensated for Your Injuries
- 6 What are the Damages Involved in a Motorcycle Accident Case?
- 7 How Will My Attorney Prove Causation in a Motorcycle Accident?
- 8 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 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, Alabama 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 wreck 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 motorcycle accident lawyers can help guide you through the process of filing a claim. They 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 attorney will have no choice but to file a lawsuit on your behalf in the city of Birmingham.
Must A Medical Professional Be Consulted After A Motorcycle Accident?
It is advised that you seek medical attention after experiencing a motorcycle accident. Most people will feel a rush of adrenaline immediately after a motor wreck as part of the “flight or fight” reaction when faced with dangerous situations. When experiencing the adrenaline rush, you may not be aware of any physical injuries. Furthermore, some injuries may not show immediate symptoms despite being serious. For instance, you may have internal injuries that can worsen if medical attention is not sought immediately.
Doctors can examine you and discover any hidden or internal injuries as a result of the motorcycle accident. Immediate medical attention can also assist with any subsequent compensation claims by showing links between the accident and injuries experienced. If you are not able to access medical attention immediately, your insurance company can claim the accident injuries were caused by another event instead of the motorcycle wreck.
What Should I Do After a Motorcycle Wreck?
If you have experienced injuries because of a motorcycle accident, it is necessary to contact the police and access medical services immediately. Never give statements to parties other than the contacted police. You should not admit to any liability or fault either. When gathering information, it is necessary to gather the names, addresses and phone numbers of all the eyewitnesses. It is surprising how often police fail to obtain this information after speaking with the witnesses.
If a camera is available, even if it is a cell phone camera, it is recommended pictures of the accident scene are taken. This includes all visible evidence of the accident, such as gouge marks, tire marks or debris at the site. All visible injuries should be photographed over their healing period. Maintain a journal regarding all daily experiences during the recovery period. This will help the insurance company for an idea of what was experienced during your recovery stage.
Be sure to inform the insurance company regarding the motorcycle accident; however, you must not provide any recorded or written statements to the company until speaking with a motorcycle accident attorney in Birmingham. Our attorneys are available to clients 24 hours per day. It is advised that you contact a motorcycle wreck attorney immediately to protect your rights.
We 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 motorcycle accidents than other types of accidents. If your body is thrown from the bike, you may end up with a 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 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.
How Will My Attorney Prove Causation in a Motorcycle Accident?
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 Hare, Wynn, Newell & Newton will work hard to get you the compensation you deserve. Call today and schedule your free initial consultation. 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 motorcycle accident lawyer near 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.