After a motorcycle accident in Mobile, AL, you’ll want to explore all your outlets for compensation. An insurance claim may provide you with the funds to cover some of your expenses in the accident, but it may not completely encompass all of your damages. Instead, a motorcycle accident lawsuit can help you improve your chances of walking away with adequate compensation to begin moving forward.
But who can you sue in a motorcycle accident case? Determining the liable party is the first step. An experienced motorcycle accident attorney can help you navigate this process.
Alabama’s Contributory Negligence Policy and Your Motorcycle Accident Case
Before pursuing legal action in the wake of a motorcycle accident, be sure you understand Alabama’s contributory negligence policy.
Under contributory negligence, you may not be able to collect compensation for an accident if you were in any way responsible for your injuries. This means if an insurance company or judge finds you even 1% negligent for your injuries, your opportunity to pursue compensation may be lost.
You will need to show that one or more other parties were responsible for your accident or injuries.
Potential Liable Parties in a Motorcycle Accident
Several different parties may have a legal responsibility to provide compensation for a motorcycle accident in Alabama. Consider whether any of the following parties may have played a role in your accident:
- Another driver: Did another driver strike you, merge into your lane, cut you off, or otherwise cause an accident? Did multiple drivers contribute to an accident that you landed in the middle of?
- A manufacturer: Perhaps a vehicle manufacturer played a role in your accident if it involved a mechanical malfunction.
- A repair shop: If an auto body shop repaired your motorcycle incorrectly, causing a malfunction, it may be partially liable.
- A company that employed a driver: If another motorist who was responsible for your accident was driving a work vehicle, you may need to submit insurance claims and pursue liability through the company itself, not just the driver.
How To Determine Who To Sue After a Motorcycle Accident
Motorcycle accident cases can be complex, and there is not always one party clearly responsible for the crash. Your motorcycle accident attorney can help you determine who to sue and help prove their liability through all of the following actions:
- Reviewing accident footage and photos to gain an understanding of how the crash happened
- Requesting black box footage from any commercial vehicles involved in the crash
- Speaking with witnesses and asking them to record testimony for your case
- Acquiring a copy of the police report and reviewing the officer’s initial analysis of the crash
- Communicating with the insurance company about its fault determination
- Asking an accident reconstructionist to investigate how the crash occurred
Through these measures, your accident attorney can collect evidence to use as part of your motorcycle accident case.
Lawsuit vs. Insurance Claim: Which Should You Pursue?
Taking legal action after a motorcycle accident may seem like the logical next step. But in some cases, a lawsuit is not necessary and will only cost you time and money. Some motorcycle accident victims secure adequate compensation through an insurance claim.
Your first step may be to file a claim with the liable party’s insurance company. Submit evidence of your damages, including your medical bills, time off work, and physical damage to your bike. Await the insurer’s offer.
If the insurance company neglects to provide a reasonable offer, you may be able to negotiate a higher one with the help of a motorcycle accident attorney. But if your negotiations fail or the defendant’s insurance policy is not worth enough to cover all your damages, your next step may be to take legal action.
Rely on your attorney to advise you throughout this process.
Potential Compensation You Can Seek in Your Motorcycle Accident Case
If your attorney agrees you should sue the liable party in your motorcycle accident case, you may have the right to pursue a few different types of compensation.
Economic damages are the direct monetary expenses you incurred from the accident. They may include:
- Medical bills
- Lost wages
- Physical damage to your motorcycle
- Loss of future earning capacity
You can seek non-economic damages as well, which help make up for the emotional and physical toll the accident has taken on your life that might not equate to a monetary price tag. These may include:
- Pain and suffering
- Mental anguish
If the liable party in your motorcycle accident acted recklessly, you may also have the right to pursue punitive damages.
Suing Someone After a Fatal Motorcycle Accident
If your loved one tragically passed away in a motorcycle accident, you may be able to pursue wrongful death damages. You will need to show that another party’s negligence led to your loved one’s death.
Seek Legal Assistance From Jackson & Foster Law
Are you considering legal action after a motorcycle accident in Mobile, AL? Let Jackson & Foster Law help you protect your rights to compensation as the injured party and guide you through the legal process, whether that involves an insurance claim, a lawsuit, or both.
Call us today at 251-433-6699 to schedule your case evaluation and learn more about your rights.
