Motorcycle Accidents Lawyer Fights for Your Rights in Mobile AL
We’ve all been on the road and been passed by a motorcycle going at a high speed. In some cases, the motorcyclist may be driving in a reckless manner, weaving in and out of traffic. If you are a motorist, the best thing you can do is get out of his way.
Fortunately, the majority of motorcycle riders are law abiding and respectful of others who share the road. Ultimately, it is the party who displays a reckless disregard to others on the road, whether an automobile or a motorcycle, that could be found to be the at-fault party in court and liable for an accident.
Mobile attorney J. Allan Brown reminds us that we all have a responsibility to watch out for each other on the road, no matter what your mode of transportation.
Motorcycles Provide Little Safety to Riders
A motorcyclist may be following the rules of the road, but unfortunately, he is provided with little protection when others are not, and he is involved in an accident.
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders involved in a collision with an automobile are nine times more likely to be injured than the occupants of the other vehicle, and 37 times more likely to be killed.
Cars continue to be manufactured with stronger components and advanced safety features, while motorcyclists are left with no protection beyond a helmet and perhaps riding leathers.
There is no seat belt, air bag, or sensor devices to keep him in his lane. For the motorcyclist, their bike provides little safety.
When a motorcycle rider is seriously injured or killed due to the negligence of a reckless motorist, Mobile motorcycle accident attorney J. Allan Brown stands up for the injured victims and their families to see that justice is done.
Bikers Involved in Alabama Motorcycle Accidents
There are 112,000 registered motorcycles in Alabama and the majority of them follow the rules of the road. In 2017, there were 79 motorcycle fatalities in our state.
If you ride a motorcycle in Alabama, know that our state ranks 15th on the list of most dangerous for motorcycle riders, according to the National Highway Traffic Safety Administration (NHTSA) statistics.
Common Causes of Alabama Motorcycle Accidents
Whether you are traveling on a motorcycle or in a car, the same rules of safety apply to all on our roads.
Things to avoid:
- Speeding – The speeding laws are to be followed, otherwise you could be considered at-fault.
- Driving Intoxicated – The rules of driving drunk or on drugs apply to all motorists. The federal government reports 28% of motorcyclists killed in 2017 were intoxicated and approximately half of all accidents involving a single motorcycle involved alcohol consumption.
- Driving Distracted – While a motorcyclist has a very difficult time checking his text messages while on a bike, drivers often do. In Alabama, texting while driving is prohibited. Motorists often admit they did not see the motorcyclist just before an accident. We will always check the records to see if distracted cell phone use was to blame.
Motorcyclists should always:
- Drive Defensively – This involves paying attention to everyone in your immediate vicinity. Know who is approaching you from the rear and who is traveling in the lanes next to you. Lane splitting or driving a motorcycle between two vehicles and two lanes is illegal in Alabama.
- Wear a helmet – In Alabama, the law requires anyone who operates or rides a motorcycle to wear a protective helmet with a non-shatterable material. Wearing a helmet reduces the risk of dying in a motorcycle crash by 37 percent, reports NHTSA.
- Signal before changing lanes – No one can read your mind before you change lanes. Head-on collisions account for more than half of fatal motorcycle accidents, according to NHTSA. A common cause of motorcycle accidents is a car making a left-hand turn and not signaling.
- Avoid Tailgating – Tailgating is riding too close to someone. Allow a car length for every ten miles you travel. 70 mph requires seven car lengths to stop, at least.
All the care and caution in the world cannot protect you from a negligent, reckless, or aggressive driver. Some drivers simply have no respect or concern for motorcyclists and intentionally drive aggressively around them, which in some cases can cause the rider to lose control of the bike and go off the road or hit another vehicle.
If you have been involved in a motorcycle accident, please retain your bike without repairs until you contact an experienced motorcycle accident attorney. There is always a possibility that the bike may have been defective in some way, which may have contributed to the accident.
The other side will argue against your case if you alter the bike in any way, so retain it in the condition that resulted from the accident.
Damages Available in Alabama Motorcycle Accident Cases
If you are involved in a motorcycle accident in Mobile, it is important to first seek medical attention. If you can talk to the other party, just exchange information. Do not engage in conversation.
If you are injured, try not to assess your injuries at the scene, because you may be experiencing shock. Just to be safe, accept the help of medical personnel at the scene and be checked out.
In terms of choices, you may file a claim with your own insurance carrier or with the other person’s insurance. Do not expect they will make you a generous offer that matches your injuries and losses. The third option is to begin a personal injury lawsuit against the at-fault party.
It’s at this time that you will need to contact an experienced Mobile motorcycle accident attorney to help you through this difficult time.
Contributory Negligence in Alabama Motorcycle Accidents
Assume after your Alabama motorcycle accident that you are injured. You are hospitalized, have medical bills, suffer a painful recovery, lost income, and have a destroyed motorcycle, also known as property.
If the accident was not your fault, Alabama law will allow you to sue for compensation due to the negligence of others.
There is a catch. If you share in any fault, even at one percent, Alabama law prevents you from seeking recovery in most cases. Alabama’s contributory negligence laws are the strictest in the nation. Most states will allow you to recover based on the percent you contributed to the accident. Alabama does not.
You can bet the other side will try to use contributory negligence against you and say you are partially to blame for the accident. That is even more reason to seek counsel from someone who is familiar with Alabama laws and has a successful track record with these types of cases.
An Experienced Motorcycle Accident Attorney in Mobile
When you meet with J. Allan Brown, we will discuss the specifics of the accident to determine the at-fault driver. It is not always the case that the driver of the car or truck is at fault.
When a motorcyclist drives recklessly and without regard to others on the road, that too can contribute to a crash. Fault needs to be sorted out to prepare the best recreation of how an accident happened.
The other party owes you a duty of care, and when they fail to meet that duty and you are injured and suffered some loss, you can seek compensation.
If you were injured in an accident and need further direction on your next step, please contact an experienced motorcycle attorney to explore your options. J. Allan Brown will review your case and discuss your options with you with no upfront cost. In Mobile, contact J. Allan Brown, L.L.C. at (251) 220-3199 for a free, no-obligation case review.