Establishing Negligence in an Alabama Motorcycle Accident Case

Motorcycle accidents can result in severe injuries, extensive pain and suffering, and large financial burdens. When you are involved in a motorcycle crash in Alabama, establishing negligence requires the experience and skills of a dedicated motorcycle accident attorney. 

The Legal Concept of Negligence in Alabama

Negligence is a legal concept that involves one party’s failure to exercise reasonable care, resulting in harm to another party. In Alabama, to prove negligence in a motorcycle accident case, you must demonstrate the following key legal elements:

Duty of Care

The defendant (the person you are suing) must have owed you a duty of care. All drivers, including motorcyclists, have a legal obligation to operate their vehicles in a manner that ensures the safety of others on the road.

Breach of Duty

You must show that the defendant breached this duty of care. This could involve actions such as speeding, running a red light, distracted driving, or any other behavior that deviates from what a reasonable person would do under similar circumstances.

Causation

There must be a direct link between the defendant’s breach of duty and the accident. You need to prove that the defendant’s actions directly caused the accident and your subsequent injuries.

Damages

Finally, you must demonstrate that you suffered actual damages as a result of the accident. This can include physical injuries, medical expenses, lost wages, pain and suffering, and property damage.

Steps to Prove Negligence in a Motorcycle Accident Case in Alabama

Gather Evidence

Collecting evidence is critical to prove negligence in an Alabama motorcycle crash. This includes:

• Police Reports: Obtain a copy of the police report, which can provide an objective account of the accident and any citations issued.
• Witness Statements: Gather statements from witnesses who saw the accident occur.
• Photographs and Videos: Take photos and videos of the accident scene, including vehicle damage, skid marks, road conditions, and traffic signs.
• Medical Records: Keep detailed records of your injuries, treatments, and medical expenses.
• Accident Reconstruction: In complex cases, hiring an accident reconstruction expert can help recreate the scene and demonstrate how the defendant’s actions led to the accident.

Establishing Duty and Breach

Work with your attorney to clearly establish that the defendant owed you a duty of care and breached this duty. This can involve analyzing traffic laws, driving behavior, and the circumstances leading up to the accident.

Proving Causation

Demonstrating causation often requires a detailed investigation. Your attorney may work with experts to establish that your injuries were directly caused by the defendant’s breach of duty. This can involve:

• Medical Expert Testimony: Doctors can testify about the extent of your injuries and how they are consistent with the accident.
• Accident Reconstruction Reports: Experts can provide reports and testimony to show how the defendant’s actions caused the accident.

Documenting Damages

Thoroughly document all your damages. This includes:

• Medical Bills: Keep all receipts and bills for medical treatments, medications, and rehabilitation.
• Lost Wages: Document any time missed from work and lost income.
• Property Damage: Keep estimates and repair bills for your motorcycle and any other damaged property.
• Pain and Suffering: Maintain a journal detailing your physical pain, emotional distress, and impact on your daily life.

Contributory Negligence in Alabama Motorcycle Accident Cases

Alabama follows the stringent legal doctrine of contributory negligence. Under this rule, if you are found to be even 1% at fault for your own accident, you may be barred from recovering any compensation. This makes proving the other party’s 100% fault essential in Alabama motorcycle accident cases.

Insurance companies and defense attorneys will obviously try to exploit the contributory negligence rule to their advantage. They may aggressively seek to prove that you were partially at fault, even by a small margin, to avoid paying out compensation.

Owing to the contributory negligence doctrine, the burden of proof on the plaintiff is much higher in Alabama. Your motorcycle accident attorney must provide compelling evidence to demonstrate that you had no fault in the accident. This involves careful investigation, extensive evidence, and often the assistance of experts in accident reconstruction.

Strategies Your Attorney Will Use to Overcome Contributory Negligence Claims

Given the harsh nature of Alabama’s contributory negligence rule, it is vital that you find an attorney with experience in adopting strategies to counter any claims of your fault:

Thorough Investigation

Your attorney will conduct a comprehensive investigation of the accident. They will gather all possible evidence, including police reports, witness statements, and any available video footage. This helps establish a clear picture of the events leading up to the accident.

Accurate Documentation

Your lawyer will maintain detailed records of your injuries, medical treatments, and any communications with insurance companies. Accurate documentation can help demonstrate the extent of your damages and the lack of your contribution to the accident.

Expert Testimony

They will utilize experts, such as accident reconstruction specialists and medical professionals, to provide testimony that supports your version of events and refutes any claims of contributory negligence.

Inherent Biases Against Motorcyclists Can Impact Your Claim

Insurance companies and their lawyers may play on the widespread biases against motorcyclists to diminish your claim. They may attempt to show you are a reckless biker. You need an experienced personal injury lawyer on your side who can prove your adherence to safety measures such as wearing protective gear, following traffic laws, and undergoing proper training. This helps counter the negative stereotypes of motorcyclists as inherently reckless.

By telling your story and demonstrating your responsible behavior on the road, your lawyer may be able to humanize you to the judge and jury. This personalization can shift perceptions and dispel biases. Skilled attorneys can also address adverse stereotypes through clear, factual arguments and evidence, proving that negligence or fault lies with the other party involved in the accident, not the motorcyclist.

Choose a Highly-Rated Alabama Motorcycle Accident Lawyer to Obtain the Compensation You Deserve

The proven and capable motorcycle accident attorneys at the Smith Law Firm have the skills to prove the other party’s fault and help you obtain the maximum compensation you are entitled to. Our firm has an outstanding record of recovering large settlements and verdicts for injured motorcyclists and other motorists in Alabama. To set up your free consultation, call 334-377-1674 or reach us online.