Birmingham Motorcycle Accident Attorneys

Alabama Motorcycle Accident Law

Alabama’s Contributory Negligence Rule

Alabama follows contributory negligence. If a court finds you were even 1% at fault, you may be barred from recovering any money. That makes the blame game very important for riders. Our post on how Alabama's contributory negligence rule affects personal injury claims explains this rule in more detail.

Georgia Motorcycle Accident Law

Georgia’s Modified Comparative Negligence Rule

Georgia uses modified comparative negligence. You can recover money if you are less than 50% at fault, but your award is reduced by your percentage of fault. If you’re 50% or more at fault, you cannot recover. For example, a rider found 10% at fault with $200,000 in damages could recover $180,000.

Alabama Vs. Georgia at a Glance

Helmet Laws in Alabama and Georgia

Both states have universal helmet laws. That means every motorcycle rider and passenger must wear a helmet, regardless of age (Ala. Code § 32-5A-350 and O.C.G.A. § 40-6-315). Wearing a DOT-approved helmet is the safest choice, and it can also protect your claim.

If you were not wearing a helmet, you may still have a case, but your insurer is likely to raise it.

• In Alabama, an insurer may argue that not wearing a helmet makes you partly at fault, and under contributory negligence even a small share of blame can be used to try to block your claim. We look closely at whether a helmet actually had anything to do with how the crash happened or how you were hurt.
• In Georgia, an insurer may argue that your damages should be reduced by your share of fault. Generally, a defense has to connect the missing helmet to the specific injuries, and it would not apply to injuries a helmet would not have prevented, such as a broken leg.

A missing helmet does not cause another driver to turn left in front of you. Talk to a lawyer before you speak to an insurer about it.

Frequently Asked Questions

What are the most common causes of motorcycle accidents?

Motorcycle accidents can happen for many reasons, including distracted driving, speeding, unsafe lane changes, failure to yield, impaired driving, poor road conditions, and defective vehicle parts. In many cases, crashes occur because another driver fails to notice a motorcycle or does not take proper precautions when sharing the road. Our attorneys can investigate the circumstances of your collision to determine what caused the accident and who may be responsible.

Are motorcycle accident claims different from car accident claims?

Yes. Motorcycle accident claims often involve unique challenges because riders are more vulnerable to serious injuries and may face unfair assumptions about their behavior on the road. Insurance companies may attempt to blame the motorcyclist or downplay the severity of injuries. Our attorneys understand these challenges and can work to present the facts of your case accurately.

What injuries are common in motorcycle accidents?

Because motorcycles provide less protection than passenger vehicles, riders often suffer severe injuries in collisions. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, road rash, internal injuries, amputations, and permanent disabilities. These injuries may require extensive medical care and can have long-lasting effects on a victim’s personal and professional life.

Can I recover compensation if I was not wearing a helmet during a motorcycle accident?

The impact of helmet use on a motorcycle accident claim depends on the specific circumstances and applicable state law. Insurance companies may attempt to use helmet use as a factor to reduce compensation. An experienced attorney can evaluate how this issue may affect your claim and work to address any arguments raised by the opposing party.

What evidence can help prove fault in a motorcycle accident?

Evidence that may help establish liability includes police reports, photographs and videos from the accident scene, witness statements, vehicle damage reports, medical records, traffic camera footage, cellphone records, and accident reconstruction analysis. Because important evidence can disappear quickly, an immediate investigation can be critical to building a strong claim.

Can I file a motorcycle accident claim if the driver says I was speeding?

A driver’s accusation does not automatically determine fault. Liability must be established through evidence showing how the accident occurred. Our attorneys can investigate factors such as vehicle speeds, road conditions, witness accounts, and accident reconstruction findings to challenge unfair attempts to shift blame onto the injured motorcyclist.

What compensation is available after a serious motorcycle accident?

Depending on the circumstances of your case, you may be entitled to compensation for medical expenses, future treatment costs, lost wages, reduced earning capacity, property damage, pain and suffering, emotional distress, and other losses. Our attorneys can evaluate the full impact of your injuries to pursue compensation that reflects both your current and future needs.

Why should I hire a Birmingham motorcycle accident attorney?

Motorcycle accident cases often involve severe injuries, complex liability issues, and aggressive insurance tactics. An experienced attorney can investigate the crash, preserve evidence, consult with experts, negotiate with insurers, and prepare your case for trial if necessary. Having legal representation allows you to focus on recovery while your attorney works to protect your rights.