by Bill Eiland | May 28, 2024 | LawCall Q&A
Question: My teenager wants to get a motorcycle. He is a good kid and responsible. What would you tell him?
BILL: I hope you never have to see a motorcycle accident. They are some of the most disturbing images you can experience. I’ve had probably 30 motorcycle cases. I love bikers, but the machines that bikers get on are just not safe enough.
You asked for my opinion and experience; I am going to give you the truth.
Most accidents involve a car hitting a motorcycle. After an accident, we always hear the same thing from the car driver—I just didn’t see them. And, you know, especially at night, that is probably true. To the car driver, one headlight coming down the road, when you are used to seeing two, often just won’t register.
In the cases I have had, it is rarely the motorcyclist’s fault. But the biker is the one who suffers. I mean, it is not uncommon to have multiple surgeries and years of physical therapy. And that is if they live.
I can’t tell you how many death cases I’ve had, and sometimes, the collision hasn’t even really been that bad. If the motorcycle rider had been in a Subaru or Hyundai, they probably wouldn’t even have gone to the doctor.
I had a husband and wife about 10 years ago, actually, friends of mine. They were going down Highway 90 and came up to Pleasant Valley. They were going downtown to go to Heroes with some other biker friends of theirs. A lady pulled out in front of them, and they hit the car between the driver’s and passenger’s doors. Both the husband and wife died instantly, and they had a 12-year-old, a 10-year-old, and a 6-year-old at home. Imagine, both of their parents gone immediately. And the bikers did nothing wrong.
Now you say your son is responsible. Well, I had two motorcycles pass me on the Interstate the other day, and I swear they were going over 100 mph. They were racing each other and weaving in and out. They didn’t think anything could happen … but I knew one mistake could severely injure them and potentially other people.
I don’t have anything against choppers or hogs… I even like scooters. I have family members who ride and are proud to do it. But I know what can happen. If you are on a motorcycle, you are on a high-powered piece of machinery with no seatbelt, no roll bar, no airbags, and without most every other kind of protection.
Just think about it. If you have a major collision, you’re at the mercy of physics. You will probably go flying in the air or, at the least, be crushed under the bike’s weight.
OK, to your question. I remember when my son was about 16, he said, “Dad, at what age can I get a motorcycle?” And I said, “The day after I die.” He wasn’t pleased, but he is still with us.
Hope this helps.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | May 23, 2024 | LawCall Q&A
Question: My cousin was injured in a donkey basketball game when he fell off and was stepped on by another player’s donkey. He was wearing a helmet—my cousin, not the donkey. Now we have medical bills. Can we sue?
Bill: Here is my legal advice. You shouldn’t have donkeys indoors. It may not be illegal, but you just shouldn’t. Second, don’t get on a donkey playing basketball. What’s the old saying? It makes an ass out of you and me.
Seriously, you assume the risk when you do something stupid like that. You probably signed a waiver and a whole lot of other legal stuff. Still, he’s got a good case against that donkey.
Okay, now, really seriously. You can go against the organizers, the facilities, and even the opposing team, but that does not mean you will collect. Remember, in Alabama if you are even 1% at fault, you cannot collect anything. Where you 1% to blame? I mean, you did get on a donkey inside a building with other untrained athletic wannabes. It is looking a little iffy for you here.
Having said all that, I would take the case and at least look into it. It is so Mardi Gras. What I would not do is sign up for janitor duty. Also, you cannot sue the donkey. But you knew that, right?
CALL BILL
Injured? You can call Bill directly at (251) 255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | Apr 17, 2024 | LawCall Q&A
Question: I was in a car accident a year ago. The insurance company said I would be paid for loss of income, but I never received that. I’ve been off work for nine months. I don’t have an attorney; the insurance people said I don’t need one. They keep saying they are working on it. But I need my money.
BILL: Yeah, it sounds like you’re just getting the runaround. You gotta be the squeaky wheel. So, I would just keep calling that adjuster.
Now, if you really want to be that squeaky wheel, tell them to write down their plan of action; yes, tell them to send you a letter or an email explaining why they’re not taking care of you. Put them on the hook. That way, there’s no hearsay or, you know, he said this, or she said that. Tell them to put it in writing, and I bet that will get some action.
We do this all the time. I just recently did that for a client who was denied. I said to the insurance company, well, send me the policy excerpt that you’re relying on to not accept responsibility. This does two things. First, you have something in writing when you go to challenge the decision, and second, the adjuster now has to second guess what his or her boss will think. It might be easier to just settle with you and get you off the adjuster’s back.
Sadly, this is often how dealing with insurance companies works. Don’t be afraid of being a pest. Hey, they are the ones doing you wrong.
This might surprise you, but we tell more people that they don’t need a lawyer than we tell them that they do. For something like this, you really can do it yourself.
Now, if it comes to bringing a lawsuit … get a lawyer. Don’t go that alone. You could be the smartest person in the world, but if you take on a lawsuit by yourself against a trained professional lawyer, you are going to lose. It is the lawyers’ playground. They know the rules. They know the procedures. And you do not. And I’ve seen people wanna do it just to prove to everybody how smart they are. It never goes well. Believe me now or believe me later, the lawyer could be half as smart as you, and he or she will still win.
Let me say it one more time as your friend (and a lawyer}: if you go into a courtroom as your own lawyer, it is not going to end well … for you.
Now, go call that adjuster.
CALL BILL
Injured? You can call Bill at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | Apr 9, 2024 | LawCall Q&A
QUESTION: Hi. My aunt was in a wreck about two weeks ago. She’s been in hospital ever since, and she was going down the interstate, and the tire on an 18-wheeler next to her blew. The debris flew out from underneath the 18-wheeler, and it hit her car, and then she ended up going down an embankment. We don’t really know what to do next. We aren’t sure how to file this under insurance or anything. We’re hoping you can help. Thank you.
BILL: Oh my God. I mean, this is a no-brainer. You got an 18-wheeler, and their tire blew. Clearly, it’s the 18-wheeler’s fault or, you know, the maintenance department. There’s not much to prove here. Often, if there’s an accident, you need witnesses to explain what actually happened. In this case, it’s clear.
My first piece of advice is there is no way that you should go at it alone. You should and need to speak to a lawyer handling these cases immediately. 18-wheeler cases are a little bit different than, say, a normal automobile accident between two individuals. You’re dealing with trained professionals who are representing the trucking company, and their job is to get you as little as possible.
You could be dealing with millions of dollars in coverage, and you want your share. Need proof of how seriously a trucking company takes an accident? They will have investigators at the scene within 20 minutes, and that’s just the way it is. So, don’t think about handling it yourself or making a claim with your insurance company. This is a serious situation, and you need to get the best lawyer you possibly can.
And don’t rely on TV commercials. You have seen those 30-second jingles with good-looking supermodels jumping up and down saying so and so, got me millions of dollars. Well, those people are probably not the people injured. In fact, I can almost guarantee it. They’re there to get your attention and are being told what to say.
Trucking cases can be complex, full of details, and require extensive investigation. We will need to collect medical records, maintenance records, insurance availability, manufacturing details, and so much more.
I was recently involved in a case that hinged on my proving that the tires had not been serviced in a long time.
Let me finish up by mentioning one other thing. A good lawyer will anticipate your needs for the future. Any accident like this will have lasting consequences, and you will need to be compensated for them.
CALL BILL
Injured? You can call Bill at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
