At Siniard Law, LLC, our motorcycle accident lawyers understand how confusing and disorienting collisions are. Motorcycle accident victims are often confused about their legal rights and may have questions about the steps they should take to pursue compensation for their accident-related injuries and losses. Here is some critical information about motorcycle accident laws and resources in Alabama.
Common Injuries in Motorcycle Accidents
Motorcycle accidents often result in more serious injuries compared to car accidents. This is because motorcyclists lack the steel frame, airbags, and seatbelts that protect passenger vehicle occupants. Some of the common motorcycle accident injuries bikers and their passengers sustain include:
- Traumatic brain injuries
- Facial injuries
- Spinal cord injuries
- Internal injuries
- Road rash
- Burns
- Bone injuries
- Crush injuries
- Fatal injuries
The Rules of the Road for Motorcyclists
To avoid these severe injuries, it’s critical that you understand the rules of the road. For the most part, motorcyclists must follow the same rules as other motorists, such as obeying the speed limit, not drinking and driving, and obeying traffic signals. Some specific regulations related to
- Licensing: To legally operate a motorcycle, you must have a Class M endorsement on your driver’s license. This requires you to pass a knowledge test and a driving test.
- Registration and insurance requirements: All motorcycles must be properly registered and insured before being operated on a public roadway in Alabama.
- Helmet laws: All motorcyclists and passengers must wear helmets. There are no age specifications for this requirement.
- Passenger laws: Alabama law prohibits motorcyclists from carrying any person unless the motorcycle is designed to carry more than one person. If they have a passenger, the passenger must ride on the permanent and regular seat or another seat that is firmly attached to the motorcycle at the rear or side of the operator. All motorcycle passengers must wear helmets.
- Equipment requirements: Motorcycles must have functioning brakes, lights, mufflers, turn signals, and mirrors. Handlebars cannot be more than 15 inches above the seat.
- Lane splitting: Lane splitting, the practice of navigating a motorcycle around stopped or slow-moving traffic, is prohibited in Alabama. All motorcycles are entitled to the full use of traffic lanes. However, bikers can ride two abreast in a single lane.
- Required safety gear: Besides helmets, the State of Alabama encourages (but doesn’t require) motorcyclists to use a plastic face shield attached to an approved protective helmet and wear appropriate protective clothing, such as a jacket, pants, gloves, and boots. All motorcyclists and riders must wear shoes.
Review Alabama’s Motorcycle Operator Manual to familiarize yourself with all relevant rules of the road.
Motorcycle Safety Classes in Alabama
You can contact the Alabama Department of Transportation for information about motorcycle safety classes in your area. The University of Montevallo has a motorcycle safety program. You can also find more programs by visiting the advocacy organization Support Bikers to find more local safety classes.
Liability in Motorcycle Accidents in Alabama
Alabama is an at-fault state for motor vehicle accidents, including motorcycle accidents. Therefore, the driver responsible for the accident is responsible for paying for the damages they caused. Some of the most common causes of motorcycle accidents include the following:
- Speeding
- Driving under the influence of drugs or alcohol
- Failing to yield the right-of-way
- Following too closely
- Running red lights or stop signs
- Distracted driving
Sometimes, accidents happen because of negligence on the part of more than one driver. Violating motorcycle-specific laws can impact liability determinations. Alabama uses a contributory negligence system, so if you are found to be even 1% at fault for the accident, you will be barred from recovering any compensation.
Motorcycle Safety Tips
Because of the potential threat of severe injuries, it’s vital that you do everything as a cyclist possible to avoid getting in a motorcycle crash. Here are some steps you can take to prevent these accidents from occurring in the first place:
- Take a motorcycle safety course: These courses can teach or improve skills such as proper handling, cornering, braking, and making emergency maneuvers.
- Stay alert: Safely operating a motor vehicle requires your full attention. Avoid cell phones or any other distractions.
- Don’t drink and drive: Avoid drinking or doing drugs before operating your motorcycle.
- Make yourself more visible: Many motorists claim they could not see a motorcyclist when the collision occurred. Try to avoid this interaction by wearing bright and reflective clothing.
- Drive slower: Speeding increases the risk of accidents and reduces reaction time. Because you have to avoid slamming on your brakes to avoid being ejected from the bike, you may want to drive below the posted speed limit to give yourself extra time to react in case of a hazard. This is true especially around sharp turns and other accident hotspots.
- Use signals: Use turn and hand signals to communicate your intentions to other drivers.
- Increase following distance: In case the vehicle in front of you suddenly stops, it’s good if you’re trailing them by a few seconds so you can brake or take evasive maneuvers to avoid a collision.
- Drive defensively: Keep a constant focus on your surroundings. Scan the road ahead for possible hazards, such as potholes, wet pavement, debris, or sudden drop-offs, so you have time to react to them. Check your mirrors regularly. Try to anticipate other drivers’ actions, and assume that other drivers cannot see you.
- Maintain your motorcycle: Regularly check your tires, brakes, and other aspects of your bike to ensure it’s safe to ride.
How to Get an Alabama Motorcycle Crash Report
Motorcycle crash reports are a critical piece of information to have after an accident. Often, motorcycle accidents result in serious injuries. Injured motorcyclists may have been knocked unconscious and taken immediately to the nearest emergency room. The police report can provide important details about the accident, including:
- The name and contact information for the at-fault driver
- The exact time, date, and location of the accident
- A diagram of the positions of the vehicles
- Statements the driver made
- Witness statements
- The officer’s initial opinions about how the crash occurred
You will need this document to start your insurance claim and fight for the financial compensation you deserve.
You can purchase your motorcycle crash report from the Alabama Law Enforcement Agency online. You could also purchase the crash report in person at any ALEA Driver License Office.
Filing a Motorcycle Insurance Claim
Various insurance companies offer motorcycle insurance, including many of the same national insurance companies that provide liability insurance to drivers of passenger vehicles, including:
- GEICO
- Progressive
- Nationwide
- Allstate
Other insurance companies in Alabama also offer motorcycle insurance, including Harley-Davidson, Markel, Dairyland, and Average.
After a motorcycle accident, you are likely required by your insurance contract to report the accident, even if it wasn’t your fault. Additionally, you might have auto insurance coverage that can help pay for some of your accident-related injuries and losses, such as collision insurance or uninsured/underinsured motorist coverage. To report the accident to your own insurance company, follow your insurer’s instructions. Many insurance companies offer specific websites, apps, and phone numbers specifically to get this process started.
You may also decide to begin the claim process with the at-fault driver’s liability insurance provider. Unfortunately, injured motorcyclists often face bias after an accident, with insurance adjusters trying to blame them for the accident. Because Alabama uses a contributory negligence system, any degree of fault can bar injury victims from recovering any compensation.
A motorcycle accident attorney can help you file your motorcycle accident claim and protect your rights by preventing you from saying or doing anything that could damage your claim.
First Steps to Take After a Motorcycle Accident in Alabama
If you are injured in a motorcycle crash, it’s essential that you take steps to protect your health and legal rights, including:
- Get to safety: Move yourself and your bike out of the roadway if it is safe to do so.
- Call 911 to report the accident: Notify immediate emergency response providers of the accident, as it’s likely you or someone else was seriously injured. This can also help deploy a police officer to the scene so they can conduct an investigation and prepare an accident report.
- Get the other driver’s information: Ask the other driver for their name, contact information, driver’s license number, and insurance information.
- Document the accident scene: Do what you can to document the scene, including taking pictures of the accident, your damaged bike, damage to the other vehicle, road conditions, and debris in the roadway.
- Be careful what you say: Remember the contributory negligence rule. Don’t admit fault for the accident or imply that you were at fault for the accident to any degree.
- Seek immediate medical attention: Serious injuries are likely, but you might not experience immediate symptoms. Go to the emergency room as soon as possible to make sure your injuries are properly diagnosed and treated.
- Contact an experienced motorcycle accident lawyer: An experienced attorney can help with your personal injury claim and your pursuit of fair compensation.