Updated October 23, 2026 · By John C. Hubbard, Attorney
A motorcycle wreck in Alabama is a car wreck case with two extra problems. The injuries are worse, because there is nothing between the rider and the pavement, and the insurance adjuster starts from the assumption that the rider was speeding, weaving or invisible. Alabama’s contributory negligence rule makes that assumption dangerous: if the insurer can convince a jury the rider was even slightly at fault, the rider recovers nothing. John C. Hubbard represents injured riders and the families of riders killed in Birmingham, Hoover, Vestavia Hills and across Alabama. Free case review, no fee unless money is recovered. Call or text 205-378-8121 or use the form below.
Why motorcycle cases are different in Alabama
Most motorcycle wrecks the firm sees are the same crash: a driver turning left across the rider’s lane, a driver changing lanes into the rider, or a driver pulling out of a side street or parking lot because “I never saw him.” In each of those the driver violated a specific Rule of the Road, and Alabama law gives a motorcycle the full use of its lane and forbids any other vehicle from taking it (Ala. Code § 32-5A-242(a)). That is the starting point of the case, and it has to be nailed down fast, because the driver’s story changes once an adjuster explains contributory negligence to them.
The second difference is damages. A rider thrown from a bike at 40 miles an hour has fractures, road rash that needs grafting, and often a head injury even with a helmet. Those injuries produce medical bills that exceed the at-fault driver’s policy limits in most cases, so the firm looks at every policy from the first call: the driver’s liability coverage, the rider’s own uninsured and underinsured motorist coverage, UM coverage on other vehicles in the rider’s household, which Alabama lets an injured person stack up to three, and any umbrella policy. Finding the coverage is as much of the job as proving fault.
Helmets, lane splitting and the other rules the insurer will raise
Alabama requires every motorcycle operator and passenger to wear an approved helmet (Ala. Code § 32-5A-245). Riding between lanes of traffic, or passing a car inside its own lane, is illegal (§ 32-5A-242(b) and (c)). Riding more than two abreast is illegal (§ 32-5A-242(d)). The insurance company will go through each of these looking for a violation it can call contributory negligence.
Two things matter here. First, a violation only defeats the claim if it actually contributed to the crash. A rider who was not wearing a helmet and broke his leg when a car turned in front of him did not cause the broken leg with his bare head; the helmet question goes to the head injury, if there is one, and the insurer still has to prove it would have made a difference. Second, expect the insurer to raise helmet use whenever there is a head injury, and expect the firm to hold it to proof that the helmet would have made a difference. Do not discuss helmets, speed or lane position with any adjuster. Send them to the firm.
What to do after a motorcycle wreck
Get treated the same day, even for what feels like road rash and a sore shoulder; fractures and internal injuries show up on imaging, not at the scene. Keep the helmet, the jacket and the bike exactly as they are. Damage to the helmet is evidence of the impact, and the bike’s damage pattern shows the angle of the collision, which is how a reconstructionist proves the car turned into the rider rather than the other way around. Do not let the insurer total the bike and haul it off until it has been photographed and inspected. Get the crash report (the firm’s crash report guide covers ALEA and Birmingham Police), the names of witnesses, and any dash or helmet camera footage, and do not post about the wreck anywhere.
The deadline to file suit is two years from the wreck. If a city or county vehicle was involved, or a road defect contributed, a written claim is due in six months (city) or twelve months (county). Business and intersection cameras overwrite in days to weeks, so the useful window is the first week.
If a rider was killed
Alabama’s wrongful death statute allows only punitive damages, measured by the wrongfulness of the driver’s conduct rather than the family’s loss. That makes the proof of how the driver was driving, phone records, speed, alcohol, the central issue. The firm’s wrongful death page explains who can bring the claim and how the two-year deadline runs.
Who handles your case
John C. Hubbard has practiced in Alabama since 2008 and has tried injury cases to verdict in state and federal court. He reads every message himself and is the lawyer who calls you back. He works from the Vestavia Hills area and takes motorcycle cases across Alabama. The fee is a percentage of what is recovered; if nothing is recovered, there is no attorney’s fee.
Start your motorcycle case
Leave your name and number and John will call you, usually the same business day. Or call or text 205-378-8121.
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Frequently asked questions
I wasn’t wearing a helmet. Do I still have a case?
Usually yes. The helmet question goes to head injuries only, and the insurer has to prove the helmet would have prevented the injury. It has nothing to do with a broken leg or a crushed hand. Talk to a lawyer before you talk to an adjuster about it.
The driver says I came out of nowhere. What now?
“I didn’t see him” is an admission that the driver did not look, not a defense. The case is proved with the physical evidence: the point of impact, the damage to the bike and the car, witness statements and any camera footage. That is why the bike has to be preserved.
The driver’s insurance is only $25,000. My bills are more than that.
Alabama’s minimum liability limit is $25,000 per person, which does not cover a motorcycle injury. Your own underinsured motorist coverage pays next, and Alabama lets you stack UM coverage from up to three vehicles on your household’s policies. The firm reviews your declarations pages on the first call.
How long do I have to file?
Two years from the wreck for a claim against the driver. Six months for a claim against a city and twelve months for a county. Call well before any of those.
Related: car wrecks, drunk driver accidents, which traffic laws decide fault, motorcycle accident claims and lawsuits, Birmingham injury lawyer.
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This page is general information about Alabama law and is not legal advice. Contacting the firm does not create an attorney-client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results do not guarantee a similar outcome.