Birmingham Attorneys for Failure to Obey Traffic Signs or Signals Accidents
If you’ve been hurt in a motorcycle accident because another driver failed to obey traffic signs or signals, you may be entitled to compensation for your injuries. It’s important that you act quickly to get the justice you deserve. Here at Farris, Riley & Pitt, LLP, our Birmingham motorcycle accident attorneys are standing by to help you with your case. Call us today at (205) 324-1212 or connect with us online for your free consultation.
Traffic Signs and Signals and the Duty to Obey Them
According to data from the NHTSA (National Highway Traffic Safety Administration), nearly 15 percent of vehicle drivers involved in a motorcycle accident went on to be charged with violations of rules of the road, such as failing to obey clearly-posted traffic signs or signals.
Section 32-5A-31 of the Code of Alabama clearly states that all drivers must obey the instructions of official traffic control devices. Even so, drivers still run red lights, stop signs, and other signs and signals at the peril of others on the road, particularly motorcyclists. Here are some of the road signs beyond red lights and stop signs that drivers have a duty to obey in Alabama:
- Yield Signs – Many motorcycle accidents occur when the driver of a vehicle merges without first checking whether the lane is clear. If the driver refused to yield or merge despite signs at or near the site of the accident, your attorney could use this to strengthen your case against them.
- One-Way Signs – Drivers who ignore one-way signs and enter a roadway from the wrong direction run the risk of causing a head-on collision with a motorcyclist.
- Speed Limit Signs – One of the leading factors in motorcycle accidents that end in serious injury or death is speed. Drivers must obey the speed limit at all times, and those who violate the limit despite clearly posted speed limit signs can be held liable for accidents they cause.
Do I Need an Attorney if Another Driver Failed to Obey Traffic Signs?
The at-fault driver and their insurance company could take any number of approaches to undermine your case, including accusing you of being responsible for the accident. With a motorcycle accident attorney on your side, you’ll be able to counter this narrative with evidence.
Some of the things your attorney will be able to do to build and strengthen your case include:
- Independently investigate the accident and its main cause
- Collect and present evidence proving the other driver’s liability
- Challenge the defendant’s story using documentation of your injuries
- Secure surveillance footage to present before a settlement or in an eventual trial
Your attorney will also be able to assist you in non-legal matters in the immediate aftermath of the accident. For example, the at-fault driver’s insurance company might try to contact you and get a recorded statement that they could then use against you. Your attorney can help you avoid these traps and advise you on any subpar settlement amounts that they might offer you.
How Is Liability Determined in a Motorcycle Accident?
In many cases, the other driver will admit fault, which should be reflected on the accident report, making it easier for a motorcyclist to get the compensation they need. It’s not unheard of for drivers to deny blame, however. If the driver refuses to admit fault and there are no witnesses or clear evidence, it could come down to your attorney to present a strong case proving their liability.
If the at-fault party says you were to blame for the accident, your attorney will need to gather all available evidence to prove this isn’t so. In Alabama, if you were even one percent at fault for the accident, you are prohibited by law from obtaining compensation for your accident-related losses.
Your attorney could use an expert, such as an accident reconstructionist, to help prove your claim. Your attorney must prove the other driver violated a traffic law during the accident or was negligent in some other way. They’ll need to show both that this violation of the law or negligence caused the crash and that the crash caused your injuries. Once this is done, you might be able to recover compensation and secure insurance coverage for your injuries.
How Long Do I Have to File a Claim?
Section 6-2-38 of the Code of Alabama lays out the time limit for personal injury cases, including motorcycle accident injuries. You have two years from the date of your injury to file a suit against the at-fault driver.
Since the process of investigating the accident and building a case takes time, it’s best to contact a qualified motorcycle accident lawyer as soon as possible after your accident. That way, they can keep track of the statutory deadlines so you don’t miss the opportunity to pursue compensation in court, if necessary.
What Compensation Could You Recover?
A motorcycle accident victim’s total costs could climb into the tens or hundreds of thousands. Because a motorcyclist has no steel vehicle body, airbags, or seat belts to protect them, their injuries in a crash will likely be worse than those of a person in an enclosed vehicle.
Beyond the costs of immediate and ongoing medical care, you might be facing long-term injuries that leave you with a reduced capacity to work.
A motorcycle accident attorney could work to recover compensation for your:
- Medical costs, both current and ongoing
- Copays for prescription medications
- Expenses for long-term support and care
- Repair or replacement costs for your motorcycle
- Lost wages and reduced earning capacity
- Compensation for pain, suffering, and anguish
Why Should I Choose Farris, Riley & Pitt, LLP to Represent Me?
For more than 20 years, the dedicated motorcycle accident attorneys here at Farris, Riley & Pitt, LLP have fought for victims and their families throughout the state of Alabama. We’re committed to securing both justice and favorable outcomes for those we serve, and we’re proud of the more than $200 million in verdicts and settlements that we’ve recovered for our clients so far.
We work to recover settlements that will pay for all your expenses, and we’re prepared to take your case to court if the defendant refuses to offer a fair settlement. We believe that you shouldn’t have to be on the hook for someone else’s negligence and recklessness, and we’re ready to fight for that.
Get Started Today with a Motorcycle Accident Attorney
If you’ve been injured in a motorcycle accident because of someone else’s failure to obey traffic signs and signals, you should know that you have options. Our attorneys here at Farris, Riley & Pitt, LLP are standing by to help. Call us today at (205) 324-1212 or contact us online for your free consultation.