Birmingham Motorcycle Accident Attorney

Can I Still Recover Compensation If I Wasn’t Wearing a Helmet?

If you or your loved one were not wearing a helmet at the time of a motorcycle accident, you may still be able to recover compensation for your damages, despite the state’s universal helmet law, which requires all motorcyclists and passengers to wear a helmet regardless of age of experience level.

That’s because failure to wear a helmet is usually never the cause of an accident – instead, it’s typically things like a motorist speeding, driving distracted, or otherwise driving negligently. However, failure to wear a helmet could become a factor that reduces the damages you’re able to recover, especially in situations where injuries could arguably have been prevented or been less severe with a helmet. 

Ultimately, your ability to recover your damages will depend on the facts of your case, including where your accident occurred, the underlying cause of the accident, and the nature of your injuries. 

How Do You Prove Liability in a Motorcycle Accident?

Victims who file personal injury claims have what is known as the “burden of proof.” This means they are responsible for proving that another party is at fault for causing the accident and financially responsible (or liable) for the resulting damages.

Proving fault and liability is a process unique to each case. In motorcycle accident claims, it typically involves careful investigation of the accident and key evidence such as:

• Police reports
• Photos of the accident scene
• Traffic camera footage
• Testimony from involved parties and witnesses
• Expert accident reconstruction and testimony

At Mike Slocumb Law Firm, we know that motorcyclists need to prove fault to recover their damages. It’s why we leverage our resources, experience, and professional connections to gather all needed evidence and build the strongest possible claims. 

Is Lane Splitting Legal in Alabama?

Lane-splitting is prohibited in Alabama, which means motorcyclists cannot ride between lanes to navigate around slow-moving traffic.

If another party involved in your crash has argued that you were splitting lanes at the time of a collision, it can create challenges when it comes to recovering compensation – even if their negligence caused the crash. In these situations, it’s wise to work with experienced attorneys who can evaluate your options and how to best proceed. 

How Long Do You Have to File a Claim in Alabama?

In most personal injury cases, the state of Alabama imposes a two-year statute of limitations. This means that most victims will have two years from the date of their injury to file a claim. 

Knowing the statute of limitations is important. If you wait too long to file a claim and the statute of limitations expires, you won’t be able to recover your damages. However, there are situations where the statute of limitations is different – for example, there’s a shorter window to file a claim if you’re suing a public entity. 

The best thing you can do to preserve your right to legal action is to contact a lawyer as soon as possible. An attorney can evaluate the claim deadline in your case and assist you with investigations, evidence gathering, and other time-sensitive case work. 

Examples of Our Results

Mike Slocumb Law Firm has recovered over $1 billion in compensation for injured victims nationwide, including hundreds of millions in damages for motorcyclists and victims of motor vehicle accidents. Some examples of our results:

• $25 million wrongful death recovery for the family of a motorist whose vehicle was struck from behind by a tractor-trailer on the interstate. Our team was able to prove that the truck driver failed to keep a proper lookout.
• $6 million recovery for a client who suffered fractures to his leg, neck, and nose after his vehicle was side swiped by a drowsy truck driver in Macon County.
• $1.5 million for a motorcyclist struck by a vehicle that failed to yield the right of way, resulting in collapsed lungs, fractured ankles, and other injuries that necessitated multiple surgeries and extensive skin grafting. Despite the defendant’s insurer issuing a denial of all claims, we were able to negotiate a full policy-limits settlement. 
• $1.5 million recovery for a motorcycle accident victim who suffered multiple injuries in a collision with an at-fault motorist. 

Call For a FREE Consultation: (205) 236-2502

At Mike Slocumb Law Firm, we know motorcycle accidents put a lot on the line. If you or someone you love were injured in a motorcycle crash anywhere in Birmingham, Jefferson County, or beyond, we want to help fight for the compensation you deserve.

Our firm focuses solely on personal injury law and works cases on contingency, which means there’s no up-front cost to hire and no fee unless we win. We also offer FREE and confidential consultations. Call (205) 236-2502 or contact us online to get started.