If you’ve been in a motorcycle accident a motorcycle accident lawyer in Birmingham can help you figure out whether you’re at fault or not. In Alabama, you cannot get damages for an accident if you are found to be even one percent at fault. However, this should not dissuade you from filing a claim. Even if you believe that you are partially at fault, a good lawyer will fight to get a ruling that you were not at fault. This will allow you to get monetary damages and will also allow you to avoid paying damages to other parties. Read on to learn more about how fault and damages work in the context of a motorcycle accident.
Avoiding Fault
Even if you feel you were partially at fault in a motorcycle accident, the determination of fault is up to the court. It is very important to avoid being found at fault, because this will allow you to collect damages and prevent you from having to pay damages. If you are concerned that you may be partially at fault in an accident, you should hire an attorney that is experienced in these kinds of cases such as The Dominguez Firm’s motorcycle accident lawyers. These attorneys will do everything they can to ensure that the other parties involved will be found at fault. You should never admit fault to the other parties involved, the police, or any insurance companies that are involved. This admittance of fault could be used against you in court. You should consult with an attorney before making any kind of statement to ensure that you do not say anything that could damage your case.
Paying Damages If You’re At Fault
If you are found to be at fault, you will likely have to pay damages. The amount of damages you have to pay may either be determined by an out-of-court settlement or by a court verdict. You can discuss this with your motorcycle accident lawyer if you do have to pay damages as you will have to work out an acceptable payment plan with the other party or with the court. It is against the law for you not to pay these damages if a verdict or settlement has been reached.
Other Parties That Could Be At Fault
There are many other parties that could be at fault. Of course, the other drivers involved in the accident could be fully or partially at fault. However, a good lawyer will look for other parties that could be held partially or fully liable. For example, if a defective part of your motorcycle (such as the brakes) contributed to the accident, the manufacturer could be held fully or partially at fault. If a pothole or another problem caused by poor road maintenance contributed to the accident, then the government agency responsible for maintaining the road could be held liable. If the road was under construction at the time and the construction was hazardous, then the construction company could be held liable. Your attorney will look for other parties that could be held liable to decrease your chances of being found at fault and to increase the amount of damages you could possibly get.
Monetary Damages If You’re Not At Fault
If you are not found to be at fault, you could receive significant monetary damages. There are many different things that you could be compensated for if other parties are found to be at fault for a motorcycle accident that you were involved in. You may be eligible for compensation for your past, present, and future medical bills related to this accident. You may also be able to get compensation for any wages you lost or will lose due to the accident. Injuries from motorcycle accidents are often severe, and can result in significant periods where riders are unable to work. If you suffered any damage to your property, you may additionally be eligible for compensation.
There are also some less clear-cut problems that you may be eligible to get compensated for. You may also be to get compensation for mental, physical, and emotional pain and suffering. It is also possible to get compensated for any permanent impairments or disfigurements you’ve suffered.
Wrongful Death Damages If Your Loved One Was Not At Fault
If your loved one was killed in a motorcycle accident was found not to be at fault, you may be able to collect wrongful death compensation. You have to be the personal representative of their estate to file a wrongful death claim. If the estate is awarded damages, these damages will be paid out to the deceased’s heirs. Some states only allow punitive damages in the instance of a wrongful death. These damages are designed to punish the liable parties and dissuade them from similar actions in the future, not to compensate survivors.
