Motorcycle Accidents In Alabama And Your Legal Remedies

Mar 31, 2025 - Motorcycle Accidents by Cross & Smith

Alabama is a hidden gem when it comes to epic motorcycle rides. If you’re looking for world-class scenery, challenging roads, and sweeping turns, here in Alabama, we have The Natchez Trace Parkway, The Huntsville Loop, Little River Canyon Parkway, and Gulf Coast Trails, to name a few. In addition to beautiful vistas, you’ll see historic sites and markers and travel through big-city and small-town Alabama. 

But make sure you travel carefully, always being alert and aware. Although motorcyclists only account for 3% of registered vehicles, they are 15% of all fatalities. According to statistics, Alabama ranks 32 among the 50 states for motorcycle fatalities, and 71 motorcyclists died in 2020. Alabama does have a mandatory motorcycle helmet law, but death and traumatic injuries can and do result, regardless of this.

Causes of Motorcycle Accidents

Motorcycle accidents can be the result of many things. Top factors include the following:

• The failure of other vehicle drivers to follow the rules of the road, such as improper lane changes, distracted driving, and driving under the influence
• Jaywalking pedestrians
• Weather issues that make driving treacherous, such as rain, ice, and snow
• Sun glare that is distracting or causes momentary sun blindness
• Improperly maintained roads 
• An improperly maintained motorcycle

Motorcycle accidents can result in many very serious injuries and even death. Common serious injuries include traumatic brain injuries, broken bones, injuries to the spinal cord, and injuries to the limbs. 

How to Prove a Personal Injury Claim

If you suffered a personal injury in a motorcycle accident and you believe you were not at fault, you may be entitled to compensation. The first thing to establish is whether there was another party whose negligence caused you injury. These are the parties to look to:

• Another vehicle driver
• A pedestrian who may have been jaywalking
• A federal, state, or local government, which may have failed to maintain, or which negligently maintained, the roadway on which you were injured
• Your mechanic or repair shop
• The motorcycle manufacturer

If one of these parties engaged in negligent behavior, you may be entitled to recover compensation. The elements to proving a case are as follows:

• A party owed you a duty of care
• The party breached that duty of care
• The breach of duty resulted in your injury
• Your damages from the injury are compensable

If you prevail in your claim, Alabama provides for three types of damages. Economic damages are those damages that are your out-of-pocket costs. These could include your medical expenses, costs for rehabilitation, lost wages, pharmaceuticals, and similar types of expenses. Non-economic damages include damages that are harder to quantify. Often, these include pain and suffering and emotional distress. Sometimes, it’s possible to be compensated for loss of companionship or loss of consortium. Finally, Alabama allows for punitive damages which are three times compensatory damages with a cap of $1.5 million. However, in the case of a wrongful death action, the cap does not apply.

Note that Alabama has a very strict contributory negligence bar.  If you were even 1% responsible for your injuries, you will be denied compensation. In the vast majority of states, a plaintiff can still prevail if he or she engaged in negligence, although the compensation is proportionally reduced.

In Alabama, you have two years from the date of your accident or injury to file a lawsuit. This is known as the statute of limitations, and there are very few circumstances under which it can be extended. Thus, it’s important to promptly contact a Birmingham personal injury attorney. 

A Note About Product Defects

Manufacturers have an obligation to make products that are free from defective parts, systems and designs. This is known as “strict liability.” If it turns out that your motorcycle was defective, or failed to contain necessary labeling and warnings, the manufacturer can be held liable under several legal theories in Alabama. These legal theories include negligence, breach of warranty, and breach of Alabama’s Extended Manufacturer’s Liability Doctrine, which does not require you to prove negligence. The key elements under the AEMLD are:

• The product was defective in design, manufacturing or warning
• The defect caused the plaintiff’s injury
• The product reached the user in its normal condition
• The plaintiff was a foreseeable user of the product

There are several defenses that a manufacturer or seller of the product may assert, including that the user assumed the risk that went along with use of the product, and the user was negligent. 

Product defect cases tend to be more complex than standard personal injury cases involving negligence, but it’s important to be aware that product defect legal theories offer a different avenue for a person injured in a motorcycle accident. 

Settlement Offers

It’s important to note that most personal injury cases, including most car accident cases, truck accident cases, and motorcycle accident cases, rarely go to court. In fact, nearly 90% of all personal injury cases result in a settlement. As a practical matter, you will typically be approached by the negligent party’s insurance carrier, who will make you a low offer. It’s important not to be swayed by a low ball settlement that offers the promise of a quick payment and resolution of the issues. In nearly all cases, the settlement offer will be far below what’s fair and reasonable. So, be sure to contact a Tuscaloosa accident attorney before you accept a settlement offer. 

Contact a Tuscaloosa Accident Attorney at Cross & Smith Today

It’s unfortunate but true that there are many misconceptions about motorcyclists and their accidents. Many people, having been frustrated by motorcyclists who weave in and out of traffic or who joyride at excessive speed, believe that motorcyclists are at least partially responsible for their own accidents and injuries. In many cases, this is not at all the reality of the situation. 

That’s where experienced and talented Tuscaloosa accident attorneys come in. We can help you develop the facts of your case and get you the compensation you deserve. Contact us today for a free consultation.