Motorcycle Accidents Attorney in Birmingham, Alabama
Apart from commuting, riding a motorcycle in Alabama offers both residents and vacationers the opportunity to enjoy the scenic landscape and stunning environments across the state. Unfortunately, due to limited protections from other automobiles, motorcyclists are often exposed to the most dangerous collisions – motorcycle crashes. According to the 2019 Crash Facts by the Alabama Department of Transportation, there was 1,867 total reported crashes involving motorcycles or mopeds statewide in 2019, causing 1,213 injuries and 90 fatalities.
If you or a loved one was hurt in a motorcycle accident caused by another person's negligence, you can be entitled to recover damages for your injuries. At Kies Law LLC, we are poised and provide knowledgeable guidance and personalized representation to clients in their injury claims. Our experienced Alabama personal injury attorney can handle your case confidently, protect your best interests, and help you seek fair financial compensation for your injuries, lost income, pain, suffering, and other potential damages.
Kies Law LLC proudly represents motorcycle accident victims across Birmingham, Alabama, and the surrounding areas of Montgomery, Tuscaloosa, Hoover, and Bessemer.
Steps to Take If You Were In a Motorcycle Accident
Getting hurt in a motorcycle accident can be overwhelming and unsettling. In such a confusing situation, what you do – or fail to do – can significantly affect the outcome of your injury claims. Therefore, when involved in a motorcycle accident, you should take the following steps, where possible:
Remain calm and never let your emotions take control.
Get to safety and help other accident victims if you can.
Call 911 to seek emergency medical treatment for injuries to yourself and others.
Report the incident to the police.
Collect relevant information from the other parties involved, such as their names, phone numbers, addresses, license numbers, and insurance information.
Document available evidence, including police reports, accident scene photos, and witness testimonies and statements.
Document your medical expenses, including medical treatments, doctor's appointments, and therapy sessions.
Document your personal account of the incident and its impact on your daily life. Notify your insurance provider about the accident.
Retain a skilled attorney to help file your injury claims, negotiate a fair settlement with the insurance provider, or take additional legal action, where required.
If you or someone close to you was hurt in a negligent motorcycle accident, you need to reach out to an experienced personal injury lawyer right away. Your attorney can enlighten you about the state's motorcycle laws and determine how to proceed with your accident claims.
Alabama Motorcycle Laws
Here are some laws that apply to motorcyclists in Alabama:
Lane-splitting involves riding a motorcycle between two lanes of motor vehicles moving in the same direction. Under Alabama law, lane sharing is allowed. However, lane splitting is illegal. Up to two motorcycles can ride side-by-side in the same lane.
Regardless of your age, you must wear a DOT-approved helmet when riding a motorcycle in Alabama. The helmet must feature:
A secured chinstrap
Hard, solid exterior layer
Shock-absorbent foam padding in the interior
Also, all motorcyclists must wear shoes while riding.
Class M Endorsement
To operate a motorcycle in Alabama, you must have a driver's license with a Class M endorsement. You can obtain a motorcycle endorsement by:
Passing the Department of Public Safety’s motorcycle knowledge exam.
Completing a motorcycle safety course.
In Alabama, you are only allowed to carry a passenger if your motorcycle has foot-pegs. Also, motorcycle riders can only carry at most one passenger at a time.
Alabama is an "at-fault" insurance state. This means that the party responsible for the accident (the at-fault party) will be held financially liable for injuries, property damage, and other losses suffered by the victims. To recover damages, you must prove negligence by showing the following elements:
Duty – The at-fault party owed you a legal duty of care.
Breach of Duty – The at-fault party breached that duty.
Proximate Cause – The at-fault party's negligence or carelessness caused your injury.
Damages – You suffered actual harm, bodily injuries, or other losses from the accident.
An experienced motorcycle accident attorney can help prove negligence, file your injury claims, and determine the amount of financial compensation that may be available to you.
Additionally, Alabama operates using the "pure contributory negligence" system. According to the rule, you will only recover damages if the other party was totally (100%) responsible for the accident or your injuries. Hence, under Alabama's pure contributory negligence rule, you will be barred from seeking damages even if you were found to be 1% at fault.
Statutes of Limitations
Alabama motorcycle accident statute of limitations for physical injuries is two years from the date of the incident. This means that the accident victim must bring civil action to recover damages for their bodily injuries within two years from the date of the crash. The statute of limitations for property damages is six (6) years.
Filing a Claim for an Incapacitated Loved One
Filing a claim on behalf of an incapacitated loved one in Alabama requires establishing conservatorship through a court hearing. Once you have been confirmed as the conservator of the injured victim, you can file a personal injury claim or lawsuit on their behalf to seek fair compensation for their injuries.
Filing a Wrongful Death Claim for a Deceased Loved One
However, if the motorcycle crash caused a death, the personal representative, or executor, of the decedent's estate can file a wrongful death claim. The wrongful death claims must commence within two (2) years from the date of the victim's death.
Work With a Highly-Skilled Personal Injury Attorney
Being involved in a motorcycle accident can be emotional and cause serious injury to your financial, physical, and mental wellbeing. Regardless, do not suffer financial liability and difficulties all alone. Therefore, when injured in a negligent motorcycle accident, you need to act quickly and hire a skilled personal injury attorney to advocate for your legal rights and help seek rightful compensation.
At Kies Law LLC, we have the knowledge, resources, and diligence to help you hold those responsible for your motorcycle accident injuries and damages accountable. Using their comprehensive understanding of the laws addressing motorcycle accident cases, our dedicated team can help guide you through the often complicated legal processes.
Motorcycle Accidents Attorney Serving Birmingham, Alabama
If you or someone you know were injured in a negligent motorcycle accident, seek fair financial compensation. Contact Kies Law LLC today to schedule a simple case assessment. Our trusted attorney has the experienced legal guidance, support, and vigorous representation you need in your motorcycle accident claims. We proudly serve clients across Birmingham, Montgomery, Tuscaloosa, Hoover, and Bessemer, Alabama.