Two Wheels, Zero Protection: Fighting for Justice After a Birmingham Motorcycle Crash

Baxley Maniscalco Injury & Family Law Attorneys

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    Motorcycles represent just 3 percent of all registered vehicles on American roads, yet riders account for 14 percent of all traffic fatalities nationwide—a disparity that hits especially hard in Alabama. 

    According to the Alabama Department of Transportation, 1,828 motorcycle crashes occurred statewide in 2023, resulting in 93 fatalities and hundreds of serious injuries. Compared to 2014, motorcycle fatalities in Alabama have risen nearly 60 percent

    For riders navigating Birmingham’s busy corridors where I-20, I-59, and I-65 converge, understanding your legal rights after a crash isn’t optional—it’s the difference between financial recovery and devastating loss. 

    A Birmingham motorcycle accident lawyer can help level the playing field against insurance companies that too often view riders as easy targets.

    Why Motorcycle Accident Claims Require Specialized Legal Knowledge

    Motorcycle accident cases present unique challenges that set them apart from standard automobile collision claims, and understanding these differences matters when seeking fair compensation.

    Insurance companies and juries often harbor unfair biases against motorcyclists, assuming riders are inherently reckless or responsible for their own injuries. 

    This prejudice can significantly impact claim outcomes, making experienced legal representation essential. A Birmingham motorcycle accident lawyer familiar with these dynamics knows how to counter such assumptions with evidence and effective advocacy.

    Several factors distinguish motorcycle injury claims from typical car accident cases:

    • Severity of injuries. Without the protective shell of a vehicle, riders suffer disproportionately severe injuries including traumatic brain injuries, spinal cord damage, and extensive road rash.
    • Bias in fault determination. Defense attorneys routinely attempt to shift blame onto motorcyclists, even when the other driver clearly violated traffic laws.
    • Complex insurance issues. Motorcycle policies differ from auto policies, and uninsured motorist coverage becomes critical when at-fault drivers lack adequate insurance.
    • Helmet law compliance. Alabama’s universal helmet law requires all riders to wear DOT-approved helmets, and failure to comply can affect your claim.

    Recognizing these complexities early allows you to build a stronger case and protect your right to full compensation.


    An infographic illustrating why motorcycle accident claims require specialized legal advocacy.

    Common Causes of Motorcycle Accidents in Birmingham

    Birmingham’s position at the intersection of major interstates creates heavy traffic conditions that increase risks for motorcyclists, and identifying the cause of your crash is fundamental to establishing liability.

    Driver negligence remains the leading factor in multi-vehicle motorcycle accidents. Approximately three-quarters of motorcycle collisions involve passenger automobiles, and in two-thirds of those cases, the other driver violated the motorcycle’s right-of-way. 

    Left-turning vehicles pose particular dangers, as drivers frequently fail to see approaching motorcycles or misjudge their speed.

    The most frequent causes of motorcycle crashes in Alabama include:

    • Failure to yield. Drivers making left turns or pulling out from intersections often fail to notice oncoming motorcycles.
    • Distracted driving. Texting, phone use, and other distractions prevent drivers from seeing smaller vehicles sharing the road.
    • Lane change accidents. Motorcycles easily disappear into blind spots, leading to sideswipe collisions when drivers change lanes without checking properly.
    • Following too closely. Tailgating drivers cannot stop in time when motorcyclists brake suddenly for road hazards.
    • Impaired driving. Alcohol involvement remains a significant factor, with 25 percent of motorcycle riders in fatal crashes having blood-alcohol levels above the legal limit.

    Single-vehicle accidents also account for a substantial portion of motorcycle crashes, often resulting from poor road conditions, debris, or mechanical failures that affect motorcycles more severely than cars.


    An infographic illustrating the high fatality risk motorcyclists face on Alabama roads.

    Injuries Commonly Sustained in Motorcycle Crashes

    The lack of structural protection around motorcycle riders means that even relatively low-speed collisions can cause life-altering injuries, making thorough medical documentation critical to your claim.

    Head trauma represents the leading cause of death and disability in Alabama motorcycle crashes. Even with helmet use, riders can suffer traumatic brain injuries ranging from concussions to severe cognitive impairment. 

    Data from Alabama hospitals shows that unhelmeted riders suffer head injuries at nearly three times the rate of those wearing approved helmets.

    Common motorcycle accident injuries include:

    • Traumatic brain injuries. These can affect memory, cognitive function, personality, and motor skills, with recovery taking months or years.
    • Spinal cord damage. Compression or severing of the spinal cord can result in paralysis, with lifetime care costs reaching into the millions.
    • Fractures and broken bones. Arm, leg, and wrist fractures occur frequently when riders are thrown from their bikes or attempt to break falls.
    • Road rash. Skin abraded against pavement can cause severe wounds requiring skin grafts and leaving permanent scarring.
    • Internal organ damage. The force of impact can cause internal bleeding and organ injuries that may not present immediate symptoms.

    Because some injuries do not manifest immediately, seeking prompt medical attention after any motorcycle accident protects both your health and your legal claim.

    Frequently Asked Questions About Motorcycle Accident Claims

    The following questions address the most common concerns Birmingham riders have after being injured in a motorcycle crash.

    How Does Alabama’s Contributory Negligence Rule Affect My Claim?

    Alabama is one of only a handful of states that follows a pure contributory negligence standard. If you are found even one percent at fault for the accident, you may be completely barred from recovering any compensation. 

    This makes it essential to work with a Birmingham motorcycle accident lawyer who can document the other party’s complete liability and counter any attempts to shift blame onto you.

    What Is Alabama’s Statute of Limitations for Motorcycle Accident Cases?

    Under Alabama Code § 6-2-38, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to seek compensation entirely, regardless of how strong your case might be.

    Can I Still Recover Damages if I Wasn’t Wearing a Helmet?

    Alabama law requires all motorcycle operators and passengers to wear DOT-approved helmets. Failure to comply may be used by insurance companies to argue that you contributed to your injuries. 

    However, helmet law violations do not automatically bar recovery—the impact depends on the specific circumstances of your case.

    What Compensation Can I Recover After a Motorcycle Accident?

    Victims may be entitled to compensation for medical expenses (current and future), lost wages and diminished earning capacity, property damage, pain and suffering, and loss of enjoyment of life. In cases involving wrongful death, surviving family members may pursue a wrongful death claim.

    Is Lane Splitting Legal in Alabama?

    No. Lane splitting is explicitly prohibited under Alabama traffic laws (Section 32-5A-82). Engaging in this practice can result in fines and may significantly impact fault determination if an accident occurs.

    These answers provide general guidance, but every motorcycle accident case involves unique circumstances that require individualized legal analysis.

    Let Justice Roll

    After a motorcycle accident, you need attorneys who understand the unique challenges riders face and won’t let insurance companies exploit anti-motorcyclist bias. 

    Our experienced motorcycle accident attorneys here at Baxley Maniscalco have extensive experience handling motorcycle crash cases across Alabama. We work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we recover compensation for you.

    Contact us today for a free consultation, and let us fight for the fair recovery you deserve while you focus on healing.

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