I
have been practicing law in the Birmingham, Alabama area since
1989. I have tried dozens of personal injury cases representing
both plaintiffs and defendants.
Prior
experience as a defense attorney allows me to know exactly what
insurance company adjusters and defense lawyers are trying to
accomplish in lowering or eliminating a plaintiff's recovery
and allows me to help thwart their objective.
Over
the years, I have handled several bicycle accident cases most
recently one involving very serious injuries resulting in a
confidential settlement right before trial of $2.85 million
dollars.
Hire
an attorney who is also a cyclist.
I have been an avid cyclist for at least the last 20 years.
I've ridden in several dozen century rides and have completed
a few double centuries. I routinely ride 5,000 or more miles
a year and thus know what it feels like getting "buzzed"
or otherwise harassed by motorists.
Although I never have been hit while on a bicycle I have seen
cyclists who were run off the road and injured and have represented
many cyclists including very close personal friends over the
years. Frequently
Asked Questions
Q:
How
soon after my bicycle accident should I call you?
A: Call me immediately. Do not talk to the other person’s insurance
companies until after you have consulted a lawyer. I make
a point of returning all calls and e-mails promptly. If you
have been injured in a bicycle accident you need to know right
away what insurance coverage is in place to cover your medical
expenses and lost wages.
Q:
How do I pay your legal fees?
A:
I handle bike accidents and all other personal injury cases
on a contingency fee basis. This means YOU DO NOT OWE ME A
LEGAL FEE UNLESS I RECOVER MONEY FOR YOU. I do not ask for
any attorney fees upfront. If there is no recovery there is
no fee.
Q:
Can I recover even if the motorist never hit me?
A:
Yes. Many people are under the misconception that there has
to be physical contact between a cyclist and a motor vehicle
for the motorist to be liable. This is not true. There are
many situations where cyclists are injured when they take
evasive action to avoid being hit, and crash as a result.
The motorist can still be held liable if their negligence
required the cyclist to take the evasive action.
Q:
Can I recover if the other driver had no insurance?
A:
Yes. If you have uninsured motorist coverage, you can recover
money for your medical bills and pain and suffering even if
the other driver had no insurance.
Q: Does my auto insurance cover accidents when I am on my bike?
A:
Most auto policies in Alabama will cover you if you are injured
in a bicycle accident or while on foot.
Q:
How do I know if I have a good bicycle accident injury
claim?
A:
You need to contact me and we can discuss your case. My initial
consultation on a personal injury case is always free.
Q:
What about if I'm attacked or harassed by a dog while
riding?
A: Many Alabama municipalities have "leash laws" which
require dogs to remain on leashes or within their own yards.
If a dog enters the roadway, you may well be able to argue
that a violation of the leash law has occurred and that you
are entitled to be compensated. This is true even if a dog
does not make contact with your bicycle. Further, if the dog
owner knew or should have known that his dog routinely or
previously left its yard and ran into the roadway then you
also may be able to make a recovery. Call me to discuss the
specific facts and circumstances of your case.
Q:
Should I accept the offer that the car insurance company has
given me?
A:
Oftentimes I can get insurance companies to substantially
increase the amount of their settlement offer. If you have
already received an offer for your injuries, contact me and
I will let you know if I think it is a fair offer. I will
not charge you for this consultation.
Q:
How long does it take to settle most bicycle accident and
personal injury cases?
A:
It depends. I have
handled some cases which settled in a matter of days for the full amount my
client wanted. These cases typically involved property damage only. Most
cases settle anywhere from 3 - 9 months after the incident. However, a
resolution may take longer, particularly when a lawsuit must be filed.
Q:
Will pursuing my case take up a lot of my time?
A: No. While each case is different, I will often only meet with
clients for the initial interview and then we may communicate
over the phone, by email or by mail correspondence. If we
do have to go to court, it will take more time. I realize
your time is important, so I don’t waste it. However, you will always be kept
fully advised (by phone, letter or e-mail) of any significant development in
your case. Of course, if you want to discuss any aspect of your case in
detail, we can always schedule a meeting.
Q:
Will I have to go to trial?
A: The majority of bicycle collision and personal injury cases
don’t go to trial. However, I treat each case from the very
start as if it is going to be a trial, because you have to
be willing to go to trial (and so does your attorney) to maximize
your settlement.
Q:
Why is it so important to hire an experienced Alabama trial
attorney?
A:
Most bicycle injury accidents and personal injury cases settle
before trial, but you want to maximize your settlement. If
you hire a Alabama attorney with little trial experience,
they are often afraid to go to trial. Insurance companies
know who these lawyers are, and they oftentimes offer them
less than the case is worth. I am a successful trial attorney
with courtroom experience and I will not advise you to settle
for less than your case is worth.
Q:
Do I need an Alabama lawyer?
A:
In order to settle your bike accident case you will have to
deal with insurance companies. Their goal is to pay you as
little as you will take. It is tough for someone who is not
familiar with bicycle accident cases to know what a fair settlement
amount is. An experienced Alabama bicycle accident attorney
can help you to determine that amount and reach a fair settlement.
Q:
What types of Alabama accident cases do you handle?
A: I handle all types of Alabama personal injury, wrongful death
and products liability cases. I have experience with mis-filled
prescription cases, dog bite cases, slip and fall and trip
and fall cases and "bad food" cases.
Q:
What parts of Alabama do you handle cases in?
A:
Primarily in Jefferson and Shelby County and the entire Birmingham
metropolitan area. However, I have handled and tried
cases as far north as Huntsville and as far south as Mobile
and numerous counties in-between, including but not limited
to: Calhoun, Etowah, Colbert, Randolph, Montgomery, Perry,
and Baldwin. I am willing to handle a case anywhere in Alabama.
Counties:
Autauga, Baldwin, Barbour, Bibb, Blount, Bullock,
Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke,
Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington,
Crenshaw, Cullman, Dale, Dallas, De Kalb, Elmore, Escambia,
Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston,
Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone,
Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile,
Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph,
Russell, St. Clair, Shelby, Sumter, Talladega, Tallapoosa,
Tuscaloosa, Walker, Washington, Wilcox, Winston.
Cities:
Birmingham, Sylacauga, Peachtree City, Anniston,
Bessemer, Tuscaloosa, Centreville, Greensboro, Marion, Linden,
Thomasville, Selma, Prattville, Meridian, Livingston, Guntersville,
Huntsville, Mobile, Montgomery, Anniston, Oneonta, Tupelo,
Roanoke, Jasper, Warrior, Bessemer.
If
you were injured outside Alabama, please email
me as I may be able to help you find an experienced
bicycle lawyer all at no charge to you.
Alabama
Bike Law:
Alabama
Code Section 32-5A-263 provides that persons riding a bicycle
upon a roadway shall ride as near to the right side of the
roadway as "practical." Further, this code section
allows bicyclists to ride upon the roadway "two abreast."
However, the code section states that wherever a "useable
path" for bicycles has been provided adjacent to the
roadway that the bicycle rider "shall use such path and
shall not use the roadway."
Section 32-5A-260 states that every person riding a bicycle
upon a roadway "shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver
of a vehicle by this chapter, except as to special regulations
in this article."
Alabama Code Section 32-5A-23 requires the use of bicycle
helmets for any person under the age of 16 and Alabama Code
Section 32-5A-266 makes it a misdemeanor for a parent or guardian
to authorize or knowingly permit a child to violate the bike
helmet law or any other law that may be applicable.
National
Bicycle Accident Statistics:
•750
bicycling fatalities annually;
• 51,000 bicycling injuries annually;
• Most likely time to be injured - summer months on
Friday or Saturday afternoon between 3:00 - 9:00 p.m.;
• 98% of deaths are to persons not wearing a helmet
or other protective gear;
• Almost 1/2 of persons killed in bicycle accidents
are children under the age of 16;
• While collisions with cars account for only 1/3 of
all bicycle accidents, they account for a majority of the
serious injuries and deaths; and
• 75% of all serious injuries and fatalities in bicycle
accidents are due to head injuries.
Biographical
Information:
Danny
Feldman
DOB:
1/27/61, Miami, Florida
Graduated:
•Birmingham Southern College, Summa Cum Laude 1983
•Vanderbilt Law School, 1987 Memberships:
Alabama Trial Lawyers Association
•Alabama
Bar
•Birmingham Bar
