Motorcycle accidents often leave riders with devastating injuries. Unfortunately, injured motorcyclists in Alabama face an additional challenge when pursuing compensation: the state’s fault laws. Understanding how Alabama’s contributory negligence rule applies in motorcycle crashes is crucial for protecting your rights.
At Fob James Law Firm, our Birmingham, AL motorcycle accident lawyers help riders navigate these harsh rules and fight back when insurers unfairly try to shift blame. Here’s what every rider should know.
Alabama’s Harsh Contributory Negligence Rule
Unlike most states, Alabama still follows the contributory negligence doctrine. Under this rule:
- If a victim is found to be even 1% at fault, they may be completely barred from recovering compensation.
- This applies to motorcycle accidents as well as car and truck crashes.
- Insurance companies know this and often try to blame riders for causing or contributing to a wreck.
For example: if a driver runs a red light and strikes a motorcyclist, but the rider was traveling slightly over the speed limit, the insurer may argue the rider contributed to the crash. Even minimal fault could threaten the claim.
Recent Motorcycle Accident Settlement
THE CASE: Fob James Law Firm represented a Birmingham man injured after he was run over while stopping traffic to allow his fellow bikers to turn left out of an establishment. The insurance company argued our client was at fault for stopping in the middle of the road. We filed a lawsuit and proved that our client followed the rules of the road for motorcycle riders.
CASE RESULT: The insurance carriers tendered policy limits of $75,000 to settle the case.
Common Ways Insurers Try to Assign Fault to Riders
Because contributory negligence is so strict, insurers frequently argue motorcyclists are partly to blame. Some common allegations include:
- Speeding or reckless riding
- Lane splitting (illegal in Alabama)
- Failure to wear a helmet (required by Alabama law)
- Visibility issues (arguing a rider was “hard to see”)
- Sudden maneuvers or quick lane changes
How Riders Can Protect Themselves After a Crash
Because fault is such a critical issue, what you do after a crash can make or break your case. Steps to take include:
- Call police and ensure a crash report is filed
- Document the scene with photos
- Collect witness statements
- Get medical treatment immediately
- Avoid recorded statements with insurers before speaking to a lawyer
How an Attorney Can Challenge Fault Accusations
At Fob James Law Firm, our attorneys investigate motorcycle crashes thoroughly to fight back against unfair fault claims. We may:
- Work with accident reconstruction experts
- Collect black box/traffic camera footage
- Prove driver negligence like speeding or distraction
- Show compliance with helmet laws and safety rules
Statute of Limitations in Alabama Motorcycle Accidents
Motorcycle accident victims have a two-year statute of limitations to file a personal injury lawsuit in Alabama. Waiting too long can prevent recovery, no matter how strong your case.
FAQs: Comparative Fault & Motorcycle Accidents in Alabama
Q1: What happens if I’m partly at fault in a motorcycle accident in Alabama?
A: Because Alabama follows contributory negligence, you may be completely barred from recovery even if you are only 1% at fault.
Q2: Can not wearing a helmet affect my motorcycle accident claim?
A: Yes. Since Alabama requires helmets, not wearing one may be used by insurers to argue contributory negligence or to reduce damages.
Q3: How do insurance companies try to blame riders?
A: They often point to speeding, reckless riding, sudden lane changes, or lack of visibility to shift blame onto the motorcyclist.
Q4: What evidence helps prove I wasn’t at fault?
A: Police reports, crash reconstruction, traffic cam footage, witness testimony, and compliance with helmet laws can help.
Q5: Do I need a lawyer if fault is being disputed?
A: Yes. Because contributory negligence is so strict in Alabama, having an attorney fight back against unfair blame is critical.
Contact An Experienced Motorcycle Accident Lawyer in Alabama
Alabama’s fault rules are stacked against motorcyclists. Even a small allegation of negligence can threaten your claim. That’s why it’s essential to act quickly, gather strong evidence, and work with an experienced motorcycle accident lawyer.
📞 Contact Fob James Law Firm at (205) 407-6009 or online here for a free consultation.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.