How Long Do You Have to File a Motorcycle Accident Claim?
The statute of limitations for filing a personal injury lawsuit in Alabama is two years from the date of the accident. In most cases, victims generally have two years from the date of a motorcycle wreck to file a claim.
Specifically, Alabama law states that victims who suffered harm in a motorcycle collision caused by another driver’s negligence have a two-year window to take formal legal action to pursue financial compensation for their medical expenses, lost wages, pain and suffering damages, and other losses stemming from crash injuries.
When the two-year mark from the actual date of the motorcycle accident passes, the chance to file a claim expires. So, connecting with an Montgomery motorcycle accident attorney much earlier in the process could ensure no details are overlooked and all legal deadlines are met.
What Should You Do if You Are in a Motorcycle Accident?
Getting into a motorcycle crash is frightening and stressful, but it’s important to keep calm and focus on making sure everyone is safe. It is also important to preserve any evidence in your case if it becomes necessary to file a claim. The first thing you should do in a motorcycle wreck is call 911 to get help for any injured parties, including yourself.
If you are physically able, take photos of details like vehicle damage, ground impressions, street signs, and visibility issues while your memories remain fresh. Request contact info from any eyewitnesses, and consider videotaping witness testimony at the scene.
You may also want to reach out to a motorcycle accident attorney in Montgomery. We can guide you through the strategic steps involved in protecting your claim. You can lean on us for professional support while you recover. We will check in on you regularly to stay up-to-date with your progress.
Will Your Montgomery Motorcycle Accident Claim Go to Trial?
When it comes to the outcome of your Montgomery motorcycle accident claim, there are generally two ways a case will conclude.
We Reach a Settlement Agreement With the Insurers
With the help of a Montgomery lawyer, the majority of all motorcycle injury claims are settled out of court prior to trial. Settlements usually involve negotiations between your attorney and the liable party’s insurance company’s attorneys. A fair settlement amount is eventually agreed upon through compromise. If settlements satisfy the victim’s needs, that ends the matter.
We Go to Trial When a Settlement Cannot Be Reached
However, sometimes settlement talks reach an impasse, and arbitrators can’t overcome key disputes regarding medical projections or percentages of blame in cases with shared liability. When this happens, we may end up taking the claim to trial so both sides can argue evidence before a judge and jury in an Alabama court.
Do You Have a Valid Montgomery Motorcycle Accident Claim?
There are some key signs that may indicate you have a valid motorcycle accident claim to pursue compensation. These include:
- There is clear evidence that another driver, entity, or property owner was negligent through actions like speeding, illegally turning, obscured visibility, or distracted driving that directly led to the collision. Their choices broke safety laws and practices.
- The at-fault party has sufficient assets or an active liability insurance policy, providing a means of payment that will cover damages the court may award you.
- Police reports, witness statements, skid marks, vehicle damage assessments, or other evidentiary items validate your recollection of the crash circumstances and indicate that the fault lies with the other party.
- You promptly sought medical treatment supporting physical harm, necessitating healthcare reimbursement for accident-related injuries.
- A motorcycle accident lawyer reviews your case specifics and substantiates that negligence factors, liability grounds, injury thresholds, and evidence support your right to legally pursue financial recovery for your losses.
Confirming these key elements through an initial case analysis will determine whether there is valid legal merit to file a motorcycle accident lawsuit. If you believe you have a valid claim, it may be time to get a free consultation with a motorcycle crash lawyer in Montgomery.
Talk to a Motorcycle Accident Lawyer in Montgomery for a Free Consultation
If you are a victim of a motorcycle injury accident in Alabama, contact the Law Office of Dwayne L. Brown in Montgomery to discuss your legal options. Montgomery motorcycle accident lawyer Dwayne L. Brown has guided countless injured motorcycle riders through the claims and litigation process for 30 years. Our law firm understands how life changes in an instant for bikers who have been injured through no fault of their own. Let our team work on your behalf.
We are ready to act as your advocates through every step of your motorcycle accident claim. To begin mapping your path to recovery, reach out to us by phone or fill out our online contact form, and a member of our team will get back to you.
