Riders
Motorcycle collision claims in Alabama
Most collisions between a motorcycle and a car begin with a driver who says they never saw the bike. What happens next depends on whether anyone can show what they should have seen.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.
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The collision that recurs most often involves a car turning left across the path of an oncoming motorcycle at an intersection or a driveway. The driver’s account is nearly always the same: the motorcycle came out of nowhere. That account deserves to be tested, because a motorcycle in daylight on a straight road is usually visible for a long way.
Riders also start at a disadvantage that has nothing to do with the facts. Some adjusters, and some jurors, assume a rider was speeding or weaving before they have seen any evidence. In a state that bars recovery for any share of fault, that assumption is not a small thing, and the claim is built around the records that answer it.
Riders
What usually decides a motorcycle claim
None of these is the rider’s word against the driver’s. Each is something that can be measured or read.
- Sightlines at the junction
- How far the turning driver could see along the road, measured on the ground. Hedges, parked vehicles and the slope of the road all change the answer.
- Speed, from the physical evidence
- Scrape marks, the final positions of the bike and rider, and damage to both vehicles. Reconstructing speed from these is routine and does not depend on anybody’s estimate.
- Camera footage
- Businesses, homes and traffic cameras near a junction often record it. Most of that footage is overwritten within days or weeks.
- The rider’s gear and the bike itself
- Helmet, jacket and the motorcycle should be kept as they are. They show where the impacts were and how hard, and they cannot be examined once they are repaired or thrown away.
The helmet question
Alabama requires every motorcycle rider and passenger to wear a helmet. If a rider was not wearing one, the insurer will almost certainly raise it. Whether it matters depends on the injury: a helmet has nothing to say about a broken leg, and a great deal to say about some head injuries. It is a question about the specific injury, not a reason to assume there is no claim.
If a rider was wearing a helmet, it is evidence. The damage to the shell and liner shows where the head struck and with what force, and it is one of the items worth setting aside, unrepaired, on the first day.
This is a general description of Alabama law, provided for information. It is not legal advice, it does not address the facts of any particular case, and reading it does not create an attorney-client relationship.
Questions
Questions about motorcycle collision claims
The driver says they did not see me. Does that end the claim?
No. A driver who turns into the path of a vehicle they did not see may not have looked properly. The question is what the driver could have seen from where they were, which can be measured at the scene.
Can I still bring a claim if I was not wearing a helmet?
Possibly. Alabama requires helmets, and the insurer will raise it, but whether it affects the claim depends on the injury and the facts. It is worth discussing before assuming either way.
Should I get my motorcycle repaired?
Not until it has been photographed and, where the facts are disputed, inspected. Once it is repaired or sold for salvage, the damage that shows how the collision happened is gone.
Does Alabama’s contributory negligence rule apply to riders?
Yes, in the same way it applies to everyone else. A finding that the rider contributed to the collision at all can bar recovery, which is why the objective evidence matters so much.
Hurt in a motorcycle collision?
The first conversation is free and confidential.
Contact
Tell us what happened
Call, or write to us
If it is urgent, call — (334) 555-0142. If it is easier to write it down, the form below reaches the firm.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.