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Of all motor vehicle accidents, motorcycle crashes are considered among the worst, since they
frequently result in serious injuries
or death.

Motorcycle crash - attorney in Mobile - Bladwin County, AL  
     
 
 

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Motorcycle Crashes

Of all motor vehicle accidents, motorcycle crashes are considered among the worst because they frequently result in serious injury or death.  Due to their size, mobility and instability, motorcycles are often not seen by other motorists using the roadways and provide little protection to the bike rider in the event of a collision. The vast majority of bike riders are not at fault in causing serious motor cycle accidents.

According to the latest statistics, there are over 8.5 million motorcycles registered in the United States, making up only 3% of all registered vehicles on the nation’s roads. Yet, according to the National Highway Traffic Safety Administration, a bike rider is five (5) times more likely to be injured and thirty (30) times more likely to die from injuries suffered in a motorcycle accident than the driver or occupant of a car or truck. 

In order to recover compensation for injuries sustained in a bike accident, the law of negligence requires you to prove that the crash was the fault of another driver or entity. A thorough investigation is usually complicated, requiring the services of an experienced personal injury trial attorney to establish driver fault or to find an alternative cause for the motorcycle crash, such as a dangerous road condition or motor vehicle defect.

According to the National Highway Traffic Safety Administration, almost fifty (50%) percent of motorcycle accidents each year are caused by bikes colliding with a car or truck.  More than 70% of these accidents are caused by drivers who violate a motorcyclist's right of way. The failure of a car or truck driver to see motorcyclists in traffic is a leading cause of motorcycle crashes. Failing to check blind spots, misjudging the speed of a motorcycle, and tailgating can often lead to motorcycle accidents.

Roadway may also be contributing causes in motorcycle crash injuries and fatalities. Motorcycles, being two-wheel vehicles, are less stable than full-sized cars and vulnerable on poorly maintained roads. Intersections, for example, have a high incidence of multi-vehicle motorcycle accidents, while many single-vehicle motorcycle accidents occur along curves and on undivided highways.


Defendants want to blame the bike rider for causing or contributing to causing the accident, arguing that the bike rider was driving too fast or operating the bike in an unsafe manner.  In Alabama, if a jury finds that the bike rider’s negligence caused or contributed to causing an accident (even just 1%) then the injured rider is totally barred from making any recovery – this is called contributory negligence. In other words, the bike rider’s contributory negligence is a complete defense! Only an experienced personal injury trial attorney will know how to investigate the causes of a motorcycle accident in order to circumvent a “blame the bike rider” defense.

The at-fault driver causing a motorcycle accident may not be the only entity or party responsible for your injuries and damages. The driver’s employer or the owner of the vehicle causing a motorcycle accident may also be responsible for your injuries and damages if the at-fault driver was on the job at the time of the accident.

If your motorcycle accident was caused by a defect in the design, construction, or maintenance of the road, then the company designing or constructing the roadway may bear responsibility. Alternatively, the governmental entity or agency responsible for maintaining the road may bear responsibility for your motorcycle accident. Claims for defective design, construction, or maintenance may have strict deadlines -- as short as six months. Therefore, it is important that you consult a knowledgeable motorcycle accident lawyer right away so as not to miss these deadlines and lose your claim rights.
Studies have shown that the losses from motorcycle accidents can be substantially higher than losses from other types of motor vehicle accidents. Losses and damages frequently sought and rewarded by juries in motorcycle accident cases include:


•  Medical Bills/Medical Expenses. A bike rider suffering serious injuries in a motorcycle accident can incur substantial medical bills. Medical costs and expenses commonly incurred following a motorcycle accident may include expenses for your hospitalization, surgery, doctors' visits, x-rays, MRIs, CT scans, physical therapy, prosthetic equipment and supplies, and other expenses incurred for the treatment of your injuries. Recovering the costs for your medical treatment may also include the reasonable and necessary costs for medical treatment you are reasonably certain to require in the future. Only an experienced personal injury trial attorney will know how to maximum the amount of compensation that you have or may incur in the future as a result of your motorcycle accident.

•  Physical Pain and Suffering. Alabama law allows for the recovery of compensation for the past, present and future pain, suffering and mental anguish a bike rider may suffer as the result of a motorcycle accident. The law does not provide a fixed formula to calculate what compensation a bike rider may recover, this element of damages is left to the discretion of the jury. Only an experienced personal injury trial attorney will know how to maximum the amount of compensation that your injuries warrant.

• Wage or Income Losses. Often times, a bike rider loses a significant amount of time from work while he or she recovers from the injuries suffered in a motorcycle accident. If you have lost time from work as the result of a motorcycle accident then you may be entitled to compensation for the past, present or future wages you are reasonably certain to lose. Only an experienced personal injury trial attorney will know how to maximum the amount of compensation that you are entitled to recover for time lost from your employment.

• Permanent Disability. The injuries suffered in a motorcycle accident frequently leave the bike rider permanently disabled and unable to maintain gainful employment. In this event it will be necessary to prove the amount of wages the bike rider was earning at the time of his or her accident, and the earnings he or she were reasonably certain to earn during the remainder of their lifetime. To prove the amount of your loss from a permanent disability suffered in a motorcycle accident requires the use of several types of experts, such as medical doctors, vocational consultants and economists. Only an experienced personal injury trial attorney will know how to maximum the amount of compensation that you are entitled to recover for the permanent disability you may have suffered.

If you were injured in a motorcycle accident, you need an experienced personal injury trial attorney to fight for you.  At John Ronald Spencer, P.C., there is never a charge to meet with you to determine whether you have legal rights that must be protected. The initial consultation is always free.  You have nothing to lose if you make the call. But, you may lose all of your legal rights if you do nothing. Call (251) 445-0590 today to schedule an appointment with an experienced trial attorney.


 

 
       
  ©2014 All rights reserved. John Ronald Spencer, P.C. The content of this website is for informational purposes only and should not be construed as legal advice. Nothing contained herein shall establish or create an attorney-client relationship. No opinions regarding the value of a particular legal claim or future results are intended. Every case is different and must be evaluated upon its individual facts and circumstances. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.” Alabama Rules of Professional Conduct.  
       
   


John Ronald Spencer, P.C.
301 St. Louis, St., Mobile, AL 36602 | tel. 251.445.0590 | fax. 251.432.7817

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  John R. Spencer, P.C. practice areas include:

Akka, Alabama Port, Allenville, Barnwell, Battles Wharf, Bayou La Batre, Bay Minette,  Bayleys Corner, Belforest, Bellfountaine, Blacksher, Blakeley, Bon Secour, Bridgehead, Bromley, Bucks, Calvert, Carney, Carpenter, Caswell, Cedar Grove, Chastang, Chickasaw, Chunchula, Citronelle, Clay City, Coden, Creola, Crichton, Crossroads, Daphne, Dauphin Island, Dawes, Delchamps, Dixon Corner, D’Olive, Douglasville, Dyas, Eight Mile, Elberta, Ellisville, Elsanor, Fairhope, Fairview, Farnell, Faustinas, Fernland, Foley, Fort Gaines, Fort McDermott, Fort Morgan, Fort Studdard, Fowl River, Gasque, Gateswood, Georgetown, Grand Bay, Gulf Highlands, Gulf Shores, Gulfcrest, Hatters, Heron Bay, Houstonville, Irvington, Jackson Oak, Josephine, Kushla, Latham,Laurendine, Lillian, Little River, Lloyds, Lottie, Loxley, Mackies, Magazine, Magnolia Beach, Magnolia Springs, Malbis, Mann, Marlow, Mauvilla, Mertz, Miflin, Millertown, Mobile, Moffet, Mon Louis, Montrose, Mount Vernon, Movico, Navco, Neely, Nenemoosha, Neshota, North Mobile, Oak Grove, Orange Beach, Orchard, Palmetto Beach, Park City, Pennsylvania, Perdido, Perdido Beach, Phillipsville, Pinchona, Pine Grove, Pineola, Plateau, Point Clear, Prichard, Rabun, Redtown, River Park, Robertsdale, Romar Beach, Rosinton, Saint Elmo, Salco, San Souci Beach, Saraland, Satsuma, Saraland, Seacliff, Seminole, Semmes, Serange, Seven Hills, Sibert, Sidney, Silverhill, Smithport, Smithtown, Spanish Fort, Stapleton, Steelwood, Stockton, Summerdale, Sunny Cove, Tacon, Tanner Williams, Tensaw, Theodore, Tillmans Corner, Toulminville, Turkey Branch, Union Church, Vaughn, Volanta, Whistler, Warley, Wheelerville, Whitehouse Forks, Whistler, Wilmer, Yupon

 

 
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