Motorcycle Accident Claims in Huntsville
If you were injured in a motorcycle accident, the next step should be filing an insurance claim. When another rider or motorist is at fault, you will file a third-party claim against their auto insurance policy. If the other driver was an employee and on the clock at the time of the crash, you will probably file a claim against their employer’s insurance policy.
The insurance claim process should be relatively straightforward. However, a number of issues can arise. The best way to protect your rights and interests are to work with an experienced personal injury attorney during this time. Our Huntsville motorcycle accident lawyers who are experienced in motorcycle accident claims can assist you in:
- Determining who is responsible for the crash
- Gathering evidence of that driver’s liability
- Filing a formal claim with the relevant insurance company
- Preparing to make an appropriate statement to the insurer
- Responding to any of the insurance adjuster’s questions or concerns
- Protecting your privacy and limiting the medical records the insurer receives
- Calculating your damages
- Appealing if the insurer denies your claim
- Negotiating a higher settlement amount when your claim is approved.
You may need to file a personal injury lawsuit depending on the situation. This is important under two circumstances. First, filing a lawsuit allows your attorney to gather additional evidence that may not be available without legal intervention. This may be necessary to prove the other party’s liability. It may also pressure the insurer to settle for a higher amount.
Second, you may need to file a lawsuit if it looks like an insurance settlement is not possible. If the insurer treats you unfairly or the at-fault driver was underinsured or uninsured, going to court may be your best chance of obtaining compensation for your injuries.
Personal Injury Compensation after a Motorcycle Accident
Whether you are working with an insurer or going through a personal injury lawsuit, you can pursue a variety of damages, commonly referred to as special or general damages. Special, or economic, damages are calculated based on your records. They are a specific sum derived from your expenses and financial losses caused by the accident. Your general, or non-economic damages, are physical or psychological injuries that must be valued in some way. There are multiple possible methods for valuing general damages that are not derived from your bills or pay stubs.
Our Huntsville motorcycle accident lawyers can fight for you to receive compensation for your:
- Medical expenses
- Current and future loss of earning capacity
- Damage to your vehicle or other personal property
- Physical pain
- Mental anguish
- Loss of enjoyment of life
A Frequent Problem in Motorcycle Accidents: Contributory Negligence
Alabama follows a strict, pure contributory negligence law. For a variety of reasons, other drivers are quick to blame motorcycle riders for accidents, even when the rider was entirely in the right regarding the rules of the road.
Under a pure contributory negligence rule, if you are in any way responsible for the accident and your injuries, you cannot recover any compensation. Even if the other party was mostly at fault, any evidence that shows you contributed to the accident would bar you from receiving any damages for your injuries.
Alabama Wrongful Death Claims
One of the ways a family can recover from losing someone in a motorcycle accident is by bringing a wrongful death suit against the person who caused the crash. Under Alabama law, the personal representative of the estate must be the one to file the wrongful death claim in court. They have up to 2 years to do so. Unless a personal representative is designated in a will, the person’s surviving spouse or other heirs may be designated.
If you can prove that your loved one’s death was caused by negligence or reckless behavior, then the estate may be able to recover punitive damages. This damage award is meant to punish the guilty party and discourage others from similar behavior. While this recovery is not intended to compensate the estate or family for the expenses, the settlement or jury award can be used to financially recover from the accident.
