Birmingham Motorcycle Accident Lawyer

 

As a motorcycle rider, you’re more at risk of severe or even fatal injuries in a traffic crash than those in cars and trucks. The reason is simple—you’ve minimal protection and no cushioning to help you withstand impact upon collision. This vulnerability manifests in severe injuries as well as extensive property damage, mental distress, and overwhelming financial losses.

Automobile drivers are the biggest threats to motorcyclists on the road. Many motorcycle accidents happen because a car driver fails to yield the right of way, is distracted, or drives too fast. In some cases, the motorist was unaware of the motorcycle beside them.

The good news, however, is that you don’t always have to bear the consequences of the accident alone. You can receive maximum compensation for your injuries if someone else’s negligence is responsible for them. How do you begin this process? By simply seeking the help of an experienced Birmingham motorcycle accident lawyer at Caldwell, Wenzel, and Asthana, PC.

Who Can I Hold Liable for My Injuries?

How to Determine Fault in a Birmingham Motorcycle Accident

Common defendants in many motorcycle crash cases include car drivers, pedestrians, auto manufacturers, pedestrians, and government officials. However, the specific at-fault party in your case depends on who meets all the requirements of negligence, which are:

Duty of Care

Plaintiffs must establish a duty of care in motorcycle crash cases to hold the defendant accountable for their injuries. In simple language, the at-fault parties must have been legally responsible for your safety on the road. This is what makes the parties mentioned above possible defendants in a motorcycle accident case.

Breach of Duty 

Breach of duty means that the defendant’s action violated their duty of care. This can occur in numerous ways, including speeding, driving while intoxicated, running a red light, or violating other rules of the road. Essentially, any action of the other party that falls short of reasonable care is a breach of duty.

Actual And Proximate Causation

The third element of negligence requires proof that the defendant’s actions or inactions caused your injuries. There are two types of causation—actual and proximate. Actual causation (cause in fact) connotes that you would not have been injured but for the defendant’s direct actions.

In proximate (legal) causation, the at-fault party’s actions were a substantial and foreseeable factor that led to the injuries. Proximate cause is often more complicated than actual causation and depends on the unique circumstances of each case. As such, you’ll need help from our seasoned Birmingham motorcycle accident lawyer to legally analyze and clarify your situation.

Damages 

Finally, damages resulting from the at-fault party’s actions or inactions must be proven. This includes physical injuries, medical expenses, pain and suffering, emotional distress, property damage, and other losses.

Note: A motorcycle operator may be at fault for an accident in some cases. In such situations, they will not be allowed to file a claim against the other party regardless of how low their level of fault is.

Establishing the above ingredients of negligence is vital to winning your accident claim. Fortunately, this is one of the areas our attorneys excel at. We’ll work around the clock to ensure that the right parties bear responsibility for your injuries.

How Can My Birmingham Motorcycle Accident Lawyer Help to Build My Case?

Learn What Our Attorneys Can Do for You

Your first steps after a crash should include calling 911, gathering evidence, and exchanging contact information with the other parties involved. After this, ensure that you speak with your Birmingham motorcycle accident lawyer immediately to strengthen your case by:

Conducting Investigations 

Establishing liability requires sufficient evidence. That’s why thorough investigations are an essential part of your injury claim process and our motorcycle crash attorneys take them seriously.  From police reports to eyewitness statements, surveillance videos and accident scene photos, we’ll uncover ample proof to strengthen your case.  This ensures that we discover hidden facts that logically point to the right person as the at-fault party.

Calculating Your Possible Payout 

The fact is that no lawyer can predict your compensation amount with 100% certainty. That’s because payouts depend highly on several varying factors. However, what we can do is give you a rough estimate of your claim’s value. This will ensure that you don’t accept a sum that’s grossly below what you deserve. We’ll also ensure that we pursue compensation for all the possible types of economic and non-economic damages obtainable.

Handling Negotiations with Insurers 

Since motorcycle accident cases are typically severe, they often deserve large monetary awards as damages. Sadly, this also means that your case is a significant threat to insurance companies and they’ll do everything to fight it.

The good news, though, is that our attorneys are well aware of the tactics they may employ in frustrating your case.  Better still, their lawyers are no match for our aggressive and skilled motorcycle accident attorneys. We’ll sit at the negotiation table with an air of confidence, ensuring that you aren’t cajoled into accepting a low-ball offer.

Providing Legal Advice and Guidance 

We understand that you aren’t knowledgeable about personal injury law and may find some aspects of your case confusing, so our attorneys are always happy to break down complex concepts to your understanding. We’ll painstakingly walk you through your options and offer you professional advice to help you avoid common mistakes.

Aggressively Litigating a Lawsuit 

Not all motorcycle accident cases go to trial, because we’re typically able to get them to reach a reasonable compromise for you. However, in a few cases where the insurance company remains adamant, a lawsuit may become the next best alternative. In such situations, we’re always ready to rise to the occasion. We’ll represent you in court aggressively and convincingly to get you maximum compensation.

Why Choose Us?

There Are More Than A Few Good Reasons Why We’re the Right Choice for You

Several things make us stand out as the law firm of choice for many motorcycle accident clients. Our proven case results, decades of experience, extensive resources, and accessibility make us qualified to handle your case’s complexities.

Unlike many other law offices, our legal team isn’t solely focused on winning your case. Instead, we also prioritize your specific needs and well-being to ensure that you get the holistic attention that you desire. We’ll listen to you attentively and empathetically to thoroughly understand your peculiar concerns and expectations. This enables us to come up with a customized legal strategy to handle your case.

Over the years, the quality attention we give individual cases has won us the loyalty of our clients. The gratitude and satisfaction in their eyes after a case is well handled is all the motivation we need to keep going.

Motorcycle Accident FAQs

Hard Questions, Experienced Attorneys Answer

One of the ways we support our clients is by ensuring that they don’t remain confused regarding any aspect of their claim. This includes answering the common questions on their mind even before they get to ask, such as:

What Factors Affect the Value of My Motorcycle Crash Case? 

The most significant factor affecting your payout is the severity of the accident or injury. Severe injuries typically have more devastating effects on your quality of life, medical bills, lost wages, and other losses compared to mild accidents. As such, they’ll necessitate higher compensatory sums. Other factors that affect your claim’s value include the strength of available evidence and your attorney’s competence.

What If I Wasn’t Wearing a Helmet? 

Alabama’s  Universal Helmet Law mandates that motorcyclists shall wear protective headgear while riding. Nevertheless, you may still be able to recover damages even if you weren’t wearing a helmet, because this doesn’t cause accidents. Your payout may be reduced, however, if the injuries sustained would have been less severe if you had been wearing a helmet.

Is There a Time Frame for Filing Motorcycle Collision Lawsuits in Alabama? 

Yes. Alabama’s statute of limitations for personal injury cases, including motorcycle crashes, is 2 years. For this reason, you’re advised to begin your injury claim as soon as possible to avoid filing out of the recommended time frame. Otherwise, the courts will refuse to hear your case and your efforts at financial recovery may be futile.

Can I Split Lanes in Alabama?

No, lane splitting is illegal in Alabama and amounts to negligent behavior. Motorcyclists who split lanes at the time of the crash will be liable for their injuries based on the contributory negligence rule. If this is your situation, we advise you to speak with us immediately to determine your options.

Speak to Our Competent Birmingham Motorcycle Accident Lawyers at Caldwell, Wenzel, and Asthana, PC Now

We’re Happy to Discuss Your Options with You

While Alabama law provides an avenue for fair compensation after a motorcycle crash, the process is hardly ever easy. Uncooperative insurance companies, difficulty proving liability or gathering evidence, and other challenges can arise to complicate your case. Fortunately, you’ve got a tested and trusted lifeline—the qualified motorcycle crash attorneys at Caldwell, Wenzel, and Asthana, PC.

Our legal team will provide you with sound legal support and guidance. We’ll stand by you, from the moment you contact us to the end of your claim process, aiming for the best results only.