What Do People Do To Unintentionally Hurt Their Case?
The person should be very careful about what they say at the scene and what they say to the other driver who was involved in the accident. The motorcyclist should never admit any kind of fault, and they should wait and talk to an attorney prior to talking with an insurance adjuster from the other side. The reason this is so important is because Alabama is a contributory negligence state, meaning that the motorcyclist could be precluded from any recoveries if any percentage of fault could be placed on him.
What Factors Might Make It Difficult For Someone To Win?
The main factors are fault or liability. If liability can be attributed to the other driver and the other driver is listed as the at-fault party, then the focus of your case shifts solely to trying to determine the extent of your damages and thus, the value of your case. Once we are able to determine the potential value of your case, we can begin settlement negotiations.
What Are Some Misconceptions About Motorcycle Accidents?
The big one is that motorcyclists are always at fault. Many people have never operated or driven a motorcycle and I think some people tend to view motorcycle drivers as outlaws or trouble makers. This stereotype has been disseminated by stories of motorcycle gangs such as Hell’s Angels and even popular TV shows such as ‘Sons of Anarchy’. Even your everyday, average motorcycle driver can be looked down on and may even encounter some bias from responding officers at the accident scenes. So, the accident might be looked at through a harsher lens by the responding officer when he is taking down the accident report.
What Would Happen If The Motorcyclist Had A Few Tickets Or Their License Was Expired And They Had An Accident?
This is something the insurance company could try to throw at them, although it would really not be relevant. As long as the person was not at fault for the accident it should not come into play.
Would It Make The Case More Difficult If The Person Was Not Wearing A Helmet?
You would be breaking the law and could be given a ticket for not wearing a helmet. You also could sustain more serious injuries. However, not wearing a helmet does not make you at fault for the accident. There may be a question, depending on the extent of your injuries, whether some of the injuries could have been avoided if you were wearing a helmet.
Do Clients Ever Become Hesitant Or Discouraged When Working With Motorcycle Cases?
Yes, they can become hesitant or discouraged. They can go for 10 days without getting back on their bike and they can get somewhat frustrated with the process, because it can be tough to get back to work and continue to go to doctor’s appointments and keep other appointments. It really helps the case if the person follows their doctor’s directives and keeps up with their physical therapy appointments, chiropractor appointments or even just their follow-up visits to their doctor, because those would be the type of things the insurance company would be looking for. They would ask why there were gaps in the treatment, and if there weren’t any then they would check if the person had been following doctor’s orders, because it would take away from the case and devalue it if the person was not following doctor’s orders to the best of their ability.
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