Riding your motorcycle can be a great experience, but it is still a dangerous one, since a motorcycle weighing about 400 pounds is no match for a larger vehicle in a crash. When accidents happen, motorcyclists often suffer catastrophic injuries, such as broken bones, and spinal cord and brain injuries, and it is not uncommon for injuries to lead to death. Survivors may be left dealing with tremendous pain and suffering, and mounting medical, hospital, rehabilitation, and household bills, at a time they are unable to work.
If you or a loved one has been injured or someone has died in a motorcycle accident due to another party’s negligence or fault, you should be entitled to compensation for your losses through insurance or a personal injury lawsuit. However, motorcycle accident claims are complicated, especially since people often think of motorcyclists as reckless and at-fault for causing accidents. Insurance companies are out for profit and they have high-powered lawyers working for them to use this unfair perception to deny or minimize claims, and try to prove that the accident is your fault.
Fortunately, you do not have to fight back against them on your own. There is legal help available from the skilled Orange Beach motorcycle accident attorneys at Caldwell Wenzel & Asthana. We know the laws, the tactics insurance companies use to avoid payment, and how to fight for the settlement you deserve.
We offer a free, no-obligation consultation to determine the best way to handle your case, so call us today.
Why Choose Our Motorcycle Accident Lawyers?
In Alabama, it is especially important to have a knowledgeable attorney working for you due to the state’s strict system of contributory negligence. Under this system, if the motorcyclist bears even 1 percent responsibility for the accident, they cannot be awarded damages. As a result, you should look for an attorney who has the essential knowledge, experience, and resources to investigate and prove another party negligent, negotiate a fair settlement, and litigate your claim if necessary.
Here are some reasons why we feel you should choose Caldwell Wenzel & Asthana to represent you:
- Our seasoned attorneys have the necessary experience. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and a long record of success both in and out of the courtroom.
- We have proven case results getting the largest payouts possible, such as an $8,000,000 medical malpractice case.
- We are highly recommended by many satisfied clients and offer an attorney referral program, receiving referrals from colleagues, past clients, lawyers, and judges.
- We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
- We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.
Our clients receive our full attention, compassion, and commitment to see their case through to a successful conclusion.
How Our Orange Beach Motorcycle Accident Lawyers Work for You
After a motorcycle accident, it is essential to get legal assistance as soon as possible to avoid making costly mistakes and to start investigations quickly while evidence and witnesses can be found. When you retain Caldwell Wenzel & Asthana, we begin working for you immediately. We will:
- Meet with you to hear how the accident occurred, determine who the at-fault parties may be, and estimate what your case is worth
- Ensure that you get proper medical treatment and that all injuries are documented
- Take care of all paperwork and court filings in a timely manner
- Investigate the accident to gather and preserve evidence, such as from damage to the motorcycle and other vehicles, traffic photos and videos, police reports and medical records, and interviews with witnesses and first responders
- Hire experts in accident reconstruction and life-care to determine fault, calculate all damages, and estimate the costs and effects of your injuries into the future
- Handle all communications and negotiations with insurance companies and opposition attorneys for a fair settlement
- Prepare your case for trial and advocate for you in court if a settlement can’t be reached through negotiations.
Our attorneys will be there for you throughout the entire process, providing guidance, answering your questions and keeping you informed.
Damages Our Motorcycle Accident Lawyers in Orange Beach May Recover
There are a wide range of damage award amounts possible in motorcycle accident cases, from the thousands to millions of dollars, depending on the individual circumstances involved. In a successful case, Alabama allows awards of compensatory damages that cover all costs and losses you suffered from the accident — both your economic and noneconomic damages:
Economic damages are for your monetary losses, such as:
- Medical and rehabilitation costs, including equipment and medications
- Modifications to your home or vehicle, such as to accommodate a wheelchair
- Your motorcycle and other property damaged in the accident
- Lost income and future income if unable to work.
Noneconomic damages are those that do not have a specific dollar value but negatively impact your quality of life and may include:
- Physical and emotional pain and suffering, depression and anxiety
- Loss of quality of life and consortium
- Permanent disability
- Wrongful death.
In case of a fatal motorcycle accident, Alabama law allows only punitive damages to be pursued in civil court, not compensatory damages.
Orange Beach Motorcycle Accident Attorneys Determine Negligence
Determining negligence and liability is extremely important in an Alabama motorcycle accident case because of the state’s strict contributory negligence rule and to overcome the prejudice against motorcyclists.
To prove negligence, your attorney would have to show the existence of the following legal elements:
- Duty: The defendant owed you a duty not to cause harm.
- Breach: The defendant breached that duty through actions or failure to act.
- Cause: This breach caused the accident that injured you.
- Damages: You suffered damages as a result.
In some situations, there may be multiple parties who contributed to the crash, such as the driver of a car that crashed into you; the manufacturer of the motorcycle or its parts, if defective; or a municipality or road repair company that left dangerous conditions in the road. Through our investigations, our attorneys would seek to identify all negligent parties and hold them accountable, as they all may have insurance or assets that can go toward a settlement.
Get Help from Our Experienced Motorcycle Accident Attorneys
The Orange Beach personal injury motorcycle accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible settlement for you. When we take a case, we are prepared to take it all the way to trial.
Do not delay, as Alabama has a statute of limitations, or time limits for filing. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the accident to file a claim or the courts are likely to refuse to hear your case. Let us start working for you now, while evidence is fresh and witnesses can be found.
Call us at (251) 444-7000 today to schedule a free, no-obligation case consultation