Practice page: Alabama motorcycle accident lawyer: helmet law, lane rules, contributory negligence and how the firm finds coverage after a motorcycle wreck.
Updated October 5, 2026 · By John C. Hubbard, Attorney
Motorcycle wrecks produce worse injuries, smaller insurance recoveries relative to the harm, and more fault disputes than any other kind of vehicle case. The driver who turned left in front of you will say he never saw you, the adjuster will assume you were speeding, and in Alabama the contributory negligence rule means that assumption, if a jury accepts it, ends the claim. This is how the firm handles motorcycle claims in Alabama and Texas.
Why the other driver “never saw” you
Because he was not looking for you. The most common serious motorcycle collision is a car turning left across the rider’s lane at an intersection or driveway. “I didn’t see him” is an admission of negligence, not a defense: a driver has a duty to see what is there to be seen before turning across oncoming traffic. The firm’s job is to lock that statement in, through the police report, the 911 call, witnesses, and the driver’s own deposition, before the insurance company reframes it as the rider appearing out of nowhere.
Alabama’s contributory negligence rule and riders
Any fault on your part bars recovery in Alabama. The defense will look at your speed, your lane position, your lights, and whether you were wearing a helmet. Alabama requires helmets for every rider (Ala. Code § 32-5A-245), and a defendant will try to use the lack of one, but the real question is whether a helmet would have prevented the specific injury, which the defense must prove with expert testimony. Lane splitting is illegal in both states, and a rider who was between lanes has a problem. Speed is usually proven, if at all, by reconstruction from skid marks and crush damage, and the defense’s estimate is often wrong. Texas applies comparative fault instead, so a rider found 30 percent at fault still recovers 70 percent.
The insurance problem
Alabama’s minimum liability coverage is $25,000 per person and Texas’s is $30,000, and a motorcycle injury that involves surgery exhausts either in the first week at the hospital. Three sources fill the gap. The other driver’s umbrella policy, if he has one. Your own uninsured and underinsured motorist coverage, which in Alabama stacks across up to three vehicles on the same policy and which covers you on the bike if your motorcycle policy includes it. And, in a wreck caused by a commercial driver, the employer’s policy, which is typically far larger. The firm identifies every policy before the first demand goes out.
Injuries and what they are worth
Road rash, fractures of the wrist, collarbone, leg and pelvis, and head injuries even with a helmet. The recoverable damages are the medical bills, lost wages, future treatment, and pain and suffering, and in a wanton conduct case, such as a drunk driver, punitive damages. Alabama juries in Jefferson and Shelby County award meaningful sums for riders who were doing nothing wrong, and the defense knows it, which is why the fault fight is where the money is.
The evidence that wins motorcycle cases
The bike itself, unrepaired and photographed. Your helmet and gear, which show the points of impact. Video from the intersection, nearby businesses, and other vehicles, which is overwritten within weeks. Witnesses, who are often more sympathetic to a rider than a jury expects. The other driver’s phone records. And a reconstructionist in any case with a serious injury and a speed dispute. The firm sends preservation letters in the first week.
Deadlines
Two years from the wreck to file suit in Alabama (Ala. Code § 6-2-38) and in Texas (Tex. Civ. Prac. & Rem. Code § 16.003); six months to file a claim with the city clerk if an Alabama city vehicle or road defect was involved.
What to send the firm
The report number, photos of the bike and the scene, your gear, the other driver’s insurance information, your own declarations page, and the names of the places you have treated. Do not give a recorded statement to the other driver’s insurer. The review is free and there is no attorney’s fee unless money is recovered. Alabama 205-378-8121, Texas 832-410-8121. Se habla español.
Related guides
- Contributory negligence in Alabama: how insurers use it to deny claims
- Uninsured motorist claims in Alabama
- Disputed liability wrecks: how fault gets proven
- How an Alabama car wreck claim works, start to finish
Practice pages: Car wreck lawyer, Personal injury overview.
Local pages: Birmingham, Hoover, Vestavia Hills, Huntsville, Houston.
This post is general information about Alabama and Texas law, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers.