The main reason why many people prefer traveling on a motorcycle is that this mode of transportation is reliable and can get you to your desired destination within a short period. That is because motorcycles are small in size and therefore, have the advantage of passing through narrow roads to avoid traffic. However, motorcycles can also get involved in road accidents.
Motorcycle accidents are known to cause severe injuries. That is because motorcycles provide less protection compared to cars. The only protection that a motorcyclist has is a helmet, gloves, and special clothing. However, that does not mean that motorcyclists have limited rights to use the road.
If you’re hurt because of another’s carelessness, our Gadsden motorcycle accident lawyers can help you get compensation. Call Mike Bell Accident & Injury Lawyers at 256-666-6000 today to schedule a free consultation with a personal injury attorney.
HOW CAN A MOTORCYCLE ACCIDENT LAWYER HELP WITH MY COMPENSATION CLAIM?
Hiring a Gadsden motorcycle accident lawyer can increase your chances of getting a higher settlement. Besides, helping you get a higher settlement, here are other ways that a motorcycle accident lawyer can help with your compensation claim.
TAKE YOU THROUGH THE ENTIRE LEGAL PROCESS
Even though it is your right to be compensated for your injuries and property damage, you are required to fulfill all the necessary legal obligations when making your claim. This includes filing of personal injury claim, which involves the filing of legal documents and forms. Do not forget that these forms should be filled out correctly otherwise, any errors can cause your injury claim to be delayed.
ESTABLISH FAULT
It is never easy to establish fault in a motorcycle accident. That is because many drivers do not admit to their mistakes that end up causing the accident. However, with the help of a motorcycle accident lawyer, it will be easy to establish the party at fault.
PROTECT YOUR INTERESTS
A motorcycle accident lawyer will also use his or her skills to protect your interest and make sure that you are compensated for all your damages and injuries. Moreover, your legal representative will also face other parties who might deny your claim, such as the defendant’s insurance providers.
WHAT ARE THE MOST COMMON CAUSES OF MOTORCYCLE ACCIDENTS?
According to NHTSA (National Highway Traffic Safety Administration), some motorcycle accidents that occur can be prevented or avoided if the right measures are taken. Below are some of the common causes of motorcycle accidents in this region?
DISTRACTED DRIVING
Distracted driving is considered to be the number one cause of motorcycle accidents. This usually happens when a driver loses his or her focus on the road as a result of paying attention to something else. That is why drivers and motorcyclists are advised not to engage in other activities when operating their vehicles or motorcycles.
FAILURE TO PAY ATTENTION TO MOTORCYCLES
It has also been noted that motorists do not pay any attention to motorcycles when using the road. That is why most of them end up causing accidents that can be prevented. Such cases are experienced when motorists fail to give the right of way to motorcyclists.
DRUNK DRIVING OR DRUGGED DRIVING
Most states do not allow one to drive after drinking a lot of alcohol or after using any illegal substances. That is because such drugs are known to affect a person’s cognitive ability which leads to poor decision making.
FAULTY MECHANICAL PARTS SUCH AS LIGHTING, BRAKES, AND MIRRORS
Another common cause of motorcycle accidents in this region is faulty mechanical parts such as lighting, brakes, and mirrors. That is why motorcyclists are required to service their motorcycles on regular basis to ensure that all faulty parts are replaced with new ones.
UNEXPECTED PEDESTRIANS IN THE ROAD
Sometimes motorcycle accidents occur because of pedestrians failing to look at the road when crossing. Such recklessness is what leads to motorcycle accidents since many motorcyclists end up seeing the pedestrian when it is too late to stop.
MOTORCYCLE ACCIDENT STATISTICS
The NHTSA (National Highway Traffic Safety Administration) reported that in 2018 motorcyclists were 27 times more likely than passenger car occupants to die in a crash per vehicle miles traveled. 4,985 motorcyclists died that year.
WHAT ARE THE MOTORCYCLE- SPECIFIC LAWS IN GADSDEN, ALABAMA?
In Gadsden, Alabama motorcyclists are not considered to be special than other road users. Therefore, motorcyclists are required to abide by all traffic laws. However, they are also cautioned to be extra careful when using the road since they may not be visible to all motorists.
WHAT ARE THE MOST COMMON INJURIES SEEN IN MOTORCYCLE ACCIDENTS?
Motorcycle accidents are have been known to cause severe injuries and even sometimes loss of life. However, below are some of the common injuries associated with a motorcycle accident.
- Broken bones
- Brain and head injuries
- Road rash
- Spinal cord injuries
HOW IS FAULT DETERMINED IN AN ALABAMA MOTORCYCLE ACCIDENT?
Determining fault in a motorcycle accident is not easy. However, the police and accident investigators usually play the role of determining the party at fault by conducting special investigations. Other parties that also participate in determine fault in a motorcycle accident are state regulators and insurers.
To recover compensation on your behalf, your attorney must prove the defendant was negligent.
WHAT TYPE OF COMPENSATION CAN I RECEIVE FOR MY MOTORCYCLE ACCIDENT?
After being involved in a motorcycle accident, the victims can receive the following types of compensation for their loss.
ECONOMIC DAMAGES
In most cases, motorcycle accident victims are compensated for economic damages. This type of jury award compensates victims for numerous expenses including medical expenses, future treatment as well as rehabilitation. There are other added expenses that fall under the same category, such as domestic services especially if the client sustained a permanent injury, and lost wages if the victim is no longer capable of working because of the injuries sustained after the motorcycle accident.
NON-ECONOMIC DAMAGES
These are considered to be more subjective compared to economic damages. That is because non-economic damages usually involve factors that cannot be measure or cannot be counted, such as pain and suffering, disfigurement, impairment, and aggravation of medical conditions that already existed. Other factors that fall in the same category of non-economic damages include emotional distress, loss of ability to enjoy life, and loss of consortium.
PUNITIVE DAMAGES
Punitive damages are used as a way to punish the responsible party. The plaintiff must prove to the court that the defendant’s actions were intentional or reckless. Moreover, you also need to understand that punitive action is taken to discourage the defendant from repeating similar actions in the future.
WHY WAS MY MOTORCYCLE ACCIDENT CLAIM DENIED?
Sometimes motorcycle accident claims can be denied by the insurance company because of the following reasons.
THE POLICY WAS CANCELED OR LAPSED
Your motorcycle accident claim can be denied if the defendant’s policy has lapsed or canceled. That means the insurance provider of the defendant will not be held liable for the losses or damage caused by the defendant.
THE DRIVER WAS NOT INSURED UNDER THE POLICY
Your motorcycle accident claim can also be denied if the driver responsible for causing the accident was not insured under the insurance company policy.
IF YOU ALSO CONTRIBUTED TO THE ACCIDENT
Another reason as to why your motorcycle accident claim could be denied is if the jury determines that you were to blame for the accident. If such a conclusion is made, then you will be required to cater for your own losses.
DID NOT SUSTAIN ANY KIND OF INJURIES
Your motorcycle accident claim can also be denied if the court discovers that you did not sustain any kind of injuries in the event of the motorcycle accident.
FAIL TO PROVE THAT THE INJURIES SUSTAINED WERE CAUSED BY THE ACCIDENT.
If you fail to prove to the court that the injuries sustained were a result of a motorcycle accident, your claim will be denied.
IS THERE A TIME LIMIT FOR FILING A CLAIM IN ALABAMA?
According to the statute of limitations in Alabama, victims of a motorcycle accident are given a time limit of two years to file their personal injury claim. That means you can take legal action against the defendant before this timeline elapses. However, if you fail to file your claim within this period then you might end up losing your right to seek compensation.
Therefore, make sure that you contact a motorcycle accident lawyer to help you file your claim on time and correctly without making any mistake that may cause further delay.
REVIEW YOUR CASE WITH A GADSDEN MOTORCYCLE ACCIDENT LAWYER
Motorcycle accidents may not be prevented all the time, but you can make sure that you get compensated for any injuries sustained after being involved in a motorcycle accident. Moreover, you can increase your chances of getting a fair settlement by hiring an experienced motorcycle accident lawyer. That is why you should contact Mike Bell Accident & Injury Lawyers by calling 256-666-6000 today to schedule a free consultation.
