A motorcycle accident is among the most dangerous accidents in Birmingham, Al. If it’s not your fault, there are several things to do to protect yourself and get compensated for any injuries or damages. Here are the fundamental Birmingham motorcycle accident laws you should know.
Alabama Follows the At-Fault Tort Law
Under the at-fault tort law, an injured person can recover from their injuries, even if the other party caused the accident. The motorist at fault or their insurance company should compensate the injured person. This limits the possibility of fair litigation whenever an accident occurs.
Whenever you incur injuries or damages after an accident, the fault tort system presents you with these options:
- Personally negotiate for compensation: This is among the easiest way to get compensated for your injuries. However, you must understand that the insurance company will do everything it can to reduce the amount they should pay.
- Hire an Alabama motorcycle accident lawyer: Personal injury lawyers experienced with these types of claims can assist you in getting fair compensation. Compensation may include loss of income, medical costs, and pain and suffering.
- File an “injury claim” lawsuit against the at-fault motorist: You should file a Birmingham injury claim within two years of the accident.
For a free legal consultation, call 800-537-8185
Contributory Negligence
The law can prevent the plaintiff from accessing any compensation. This happens when the plaintiff contributed to their own fault. This means that despite the ability to prove negligence on the defendant, they could walk away free if the plaintiff was even 1% at fault.
Comparative Negligence
The comparative negligence law holds that in cases where both parties were at fault, an assessment is initiated. The ruling will focus on the percentage of contribution in causing the accident or injury. The plaintiff will receive a portion of responsibility and compensation issued based on the factfinder.
Click to contact our personal injury lawyers today
The Medical Reimbursement Evidence Law
The 2006 Alabama Code §6-5-522 states that a health insurer who pays a medical bill should seek reimbursement. The reimbursement should come from a driver deemed at fault for the accident. This law is beneficial when the injured party is not at fault for a motorcycle accident.
What Should You Do After an Accident?
Following these steps can help you build a stronger case right from the start.
Take Care of Yourself
Determine if you are hurt or not. If you are in pain, seek medical attention. If your bike is still operable, leave it at the accident scene. Return to it after receiving treatment for your injuries or having a medic clear you.
Notify the Police
You should immediately report any accident involving injury, death, or property damage to local law enforcement. Whenever an injury occurs, the police must file a report, regardless of the responsible party.
Gather Information
A police report is a legal document that helps collect helpful information about the accident. It establishes who was at fault and what caused the accident. Take note of all the information you gathered from the scene, such as the time of day, weather conditions, road conditions, and any witnesses.
Make a sketch of the scene to help you remember what happened. Ensure you include the position of your bike to other vehicles, traffic lights, or signs.
Take Pictures
Take pictures of the accident scene to document your injuries and property damage. Ensure you take pictures of the accident scene and damage to the other vehicles involved.
Contact Your Insurance Company
Ensure that you immediately notify your insurance company of the accident. The extent of your injuries and damage to your motorcycle is essential to your insurance policy, so you should also notify your insurer.
Contact a Lawyer
An attorney will assist you on how to help avoid any delay in seeking justice for injuries or damages. They are also beneficial to safeguard all your rights and entitlements when filing a lawsuit or seeking compensation.
Timelines for Filing Accident Claims
Birmingham motorcycle accidents Laws fall under the statute of limitations on motor vehicle accidents. This limits the time within which an injured party can file claims for their injuries. They include:
- Personal injury claims: Alabama Code §6-2-38 states that personal injury cases must be filed within 2 years.
- Government entity claims: File all claims against government entities within six months from the accident date.
- Property damage claims: Cases of property damages provide you with 6 years to file for compensation for damages on your motorcycle and any other property.
- Unjustified death: In cases where a party dies due to an accident, their next of kin have two years from the date of death to file a wrongful death claim. In some instances, you can ask for an extension.
Always file your claim within the provided timelines for the success of your case. Hiring a qualified attorney is imperative to keeping your lawsuit on schedule. Filling your case beyond the provided legal deadlines will warrant the dismissal of your case. This will result in loss of compensation and other legal rights.
Compensation Limitations for Recoverable Damages in Birmingham
Birmingham, AL motorcycle accident laws haven’t placed any cap on compensations for injuries and damages. However, there are a few exceptions to warrant a generic limit. They include:
- Punitive damages cap: They come into action when the at-fault party’s actions were reckless, intentional, or grossly negligent. Such claims are usually capped at 3 times the economic loss, or $1.5 million, whichever appears more.
- Government/Municipal liability cap: Local and state governments have a limit of $100,000 on claims made against them.
- Small business liability cap: This is applicable if the lawsuit is on a micro-enterprise whose employee was at fault in the accident. The compensation cap of such suits is at $50,000 or 10% of the company’s net worth, whichever appears greater.
Getting a skilled Birmingham personal injury attorney is crucial for the success of your litigation. They will also form part of the investigating team to determine who should bear the liability and file lawsuits. Upon determination of the lawsuit, they will take you through the compensation process. They guarantee you an appropriate indemnification on the success of the case.
Contact a Motorcycle Accident Lawyer in Birmingham Today
The Morris Bart law firm prides itself on having committed legal professionals who never give up until a client gets the compensation they are owed. Our 40 years of experience in the industry allow us to know everything that needs to be done for a lawsuit to be successful. Contact us today to tell us about your accident and we will take you through everything you need to do to get compensated.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
