Auburn Motorcycle Accident Law
Most motorcyclists take precautions, wear protective gear and helmets and generally abide by the rules of the road. Then there are the others. You’ve seen them on the road passing you, weaving through traffic, speeding and generally driving recklessly.
While riding a motorcycle can be a fun mode of transportation, Alabama is the 15th most dangerous state for motorcyclists, according to the National Highway Traffic Safety Administration (NHTSA).
Causes of Motorcycle Accidents
In Alabama, there were 79 motorcycle fatalities in our state in 2017. According to federal statistics, motorcyclists involved in a collision with a car are nine times more likely to be injured and 28 times more likely to be killed in a motor vehicle traffic crash than the car occupant.
NHTSA reports there were 4,985 motorcyclists killed in crashes in 2018, an almost 5% decrease from the year before.
Dangers to motorcyclists include:
- Lack of Protection – The motorcyclist doesn’t have the protection of steel doors, a roll bar and windshield to protect him like the driver or passenger in an automobile. With no seat belts, air bags or sensors to keep him straight on the road, the biker has only himself to rely on.
Because a passenger vehicle weights about 2,000 pounds and a motorcycle weighs about 500 pounds, the bulk of the injuries will occur to the biker. - Drug & Alcohol Use – A federal report says 28% of motorcyclists killed in 2017 were intoxicated. About half of all motorcycle collisions involving a single motorcycle involved alcohol consumption. The same rules apply to motorists. If you’ve been drinking you shouldn’t be driving any vehicle on the road.
- Debris on the Road – In a major collision about 80 percent of crashes involving motorcycles see the riders either killed or injured.
- Failing to Signal – According to NHTSA, head-on collisions account for more than half of motorcycle accidents. A common cause of motorcycle accidents is a car making a left hand turn in front of the bike and not signaling.
- Failure of the Motorcycle Itself – Product liability lawsuits are filed when a portion of the motorcycle fails on the road. Because there is not much to protect a rider or passenger in that instance, a defective product on your motorcycle can lead to death and serious injuries.
- Speeding and Reckless Driving – Speeding is a factor in more than 30 percent of Alabama motorcycle accidents involving fatalities, according to the Insurance Information Institute. Passenger cars may also be exceeding the speed limit putting safe motorcyclists in harm’s way.
- Failure to See the Motorcycle – Many cars have blind spots around their vehicle and simply fail to see a motorcycle. Motorists should always be aware bikes can be in a blind spot and adjust their mirrors accordingly.
- Distracted Driving – Passenger car drivers are more distracted behind the wheel today than ever. According to NHTSA, in 2017 distracted driving killed 3,100 motorists and every day drivers and passengers are killed in crashes involving distracted driving. A distracted driver is a major threat to a motorcyclist.
Motorcycle Safety Laws in Alabama
Alabama motorists must share the road so it’s important for everyone to understand the rules. Motorcyclists are largely self-taught in our state. That’s because you can receive a license to operator a motorcycle in Alabama with no skills test. You only need to pass a written test.
Motorcyclists are required to follow the rules of the road including not tailgating, stay in your lane, and pay attention to the speed limit of the road. According to state law, a motorcyclist lane splitting or driving between two cars is illegal.
A biker can be hit and thrown from the bike easily, causing traumatic head injury when hitting any hard surface. To protect bikers and passengers, Alabama requires motorcycle helmets be worn.
Fashion helmets are not allowed. The U.S. Department of Transportation certified sticker should be seen on the back of the helmet. A helmet will reduce the risk of death by 37 percent, according to the National Highway Traffic Safety Administration (NHTSA).
The biker must wear other protective gear such as eye protection, gloves, and preferably leather or heavy denim clothing to protect the skin from the road in the event of a crash.
Wear bright colors and apply reflective materials to the motorcycle. Drivers of motor vehicles are strongly urged to look twice for motorcycles that can be obscured in a blind spot. Adjust your mirrors to see those blind spots.
Contributory Negligence in Alabama Motorcycle Accidents
Alabama has created a very high bar when it comes to filing any sort of personal injury lawsuit. That is because they apply the legal theory known as contributory negligence.
If you are at fault for your accident, even one percent, contributory negligence prevents you from recovering damages. You know the representative for the defendant will argue you are to blame, at least partially, for your own accident.
The contributory negligence standard is one of many reasons you need strong legal representation to preserve your rights to receive compensation for medical bills, pain and suffering, lost income, and other losses.
Alabama Motorcycle Accident Attorney
If you are injured in a motorcycle accident in Alabama, you have the right to pursue justice against the at-fault driver.
Please do not get into a conversation at the scene of an accident. Just exchange information and do not converse about fault. Certainly do not admit fault or even apologize. It can be used against you later by the other side.
You may be eligible for property damage, medical expenses, future therapy, pain and suffering, and disfigurement.
The experienced attorneys at Haygood Cleveland will get to work investigating your Alabama motorcycle accident as soon as we take your case. We have successfully represented numerous motorcycle accident victims over the years, and we have the knowledge, skills, resources, and dedication to help ensure that our clients receive the most favorable outcome possible. Call our Auburn office at 334-821-3892 or message us online to schedule a free consultation and case assessment.