Experienced riders in Alabama will tell you there is no such thing as a minor motorcycle accident. Even a low-speed impact can eject you from your bike and leave you with severe or even life-threatening injuries, such as broken bones or internal organ damage.
However, Alabama uses a pure contributory negligence system, which can complicate your ability to recover compensation for your injuries. According to this legal principle, anyone who is partially at fault for an accident, even 1%, may be barred from recovering damages. Because of this, motorcyclists involved in an accident must be careful to avoid doing or saying anything that could jeopardize their claim.
Follow these recommendations before contacting an Alabama motorcycle accident attorney to maximize your chances of recovering compensation after a motorcycle crash.
The moments immediately after a crash can be disorienting and confusing; you may be in pain, and emotions may be running high. However, even the most innocent statements or actions can be interpreted as admitting fault, jeopardizing your right to compensation.
Here’s what you should NOT do after a motorcycle crash:
Don’t apologize for the accident, even just to be polite or empathetic. Simply saying “I’m sorry” or “I didn’t see them” can be interpreted as admitting fault or responsibility for the accident.
Stick to the facts only when discussing the accident. Assumptions or speculation, such as “What if I was going over the limit?” can be easily recorded and used as evidence you admitted fault, even if evidence later shows you weren’t.
Neglecting to call the police means you cannot get access to the police report, which can weaken your claim. If anyone was injured in the accident, reporting the accident to the police becomes a legal requirement; failing to do so means breaking the law.
If you do not seek medical care from first responders, other parties and their insurance providers may argue that your injuries aren’t serious or caused by something other than the accident.
Additionally, many motorcycle crash injuries, such as concussions, can take hours or days to show symptoms. Prompt medical care helps spot and treat injuries before they become bigger health problems.
To prove your personal injury claim, you’ll need to show the full extent of your damages. Take photographs of the accident scene, your injuries, vehicle damage, and any road conditions, like skid marks or debris that might support your case. These details can disappear as vehicles and debris are moved and skid marks fade.
If you can, gather names and statements from any witnesses. Waiting too long can complicate this, as details are forgotten over time, and it may become difficult to track people down later.
After the crash, the other driver’s insurance company may contact you, but remember, they’re not on your side. They often try to get a recorded statement they can later use to deny or minimize your claim.
Avoid giving any recorded statements, and don’t rush to accept an early settlement offer. These offers are often far lower than you may be entitled to and could prevent you from pursuing additional compensation.
Avoid posting about the accident on your social media accounts until your claim is resolved. The other driver’s insurance company may monitor your activity, and even seemingly unrelated posts can be twisted to downplay your injuries or question your credibility.
Proving a motorcycle accident claim can be challenging in Alabama due to the state’s pure contributory negligence system. You need to establish the other party’s liability and demonstrate you weren’t at fault to protect your right to compensation.
Here’s why you should seek legal representation from a skilled Alabama motorcycle accident attorney as soon as possible after a crash:
The Vance Law Firm Injury Lawyers is proud to stand and fight for the rights of Alabama motorcycle enthusiasts. Our skilled Alabama motorcycle accident attorneys have more than 25 years of experience providing riders with the skilled and tireless legal representation they deserve.
Contact our offices to schedule a free case consultation. We’ll help you hold the responsible parties accountable.