Motorcycle accidents can change your life in an instant. One moment you’re enjoying the open road; the next, you’re facing serious injuries, overwhelming medical bills, and missed time at work. If that wasn’t hard enough, Alabama’s contributory negligence law adds another obstacle that could prevent you from getting the compensation you deserve.

At Strickland & Kendall, L.L.C., we know how hard this can be. But with the right information and legal help, you can protect your rights. In this blog, we’ll explain Alabama’s law and show you how to strengthen your case after a motorcycle accident.

What Is Contributory Negligence?

Alabama applies a pure contributory negligence rule, which is one of the toughest in the nation. Under this law, if you are found even 1% at fault for the accident, you are barred from receiving any compensation for your damages.

How Contributory Negligence Works

How It Works

Here’s an example: You’re riding through an intersection, and a car runs a red light, hitting your motorcycle. The other driver is clearly at fault. But their insurance company argues you were going slightly over the speed limit. That small detail could stop you from receiving any compensation under Alabama’s law.

This is why it’s so important to build a strong case that shows you were not at fault.

Learn More About Contributory Negligence

Want to understand this law better? Check out Alabama Code Section 6-5-410 or visit the Alabama State Bar Association.

You can also read more on our Motorcycle Crashes page, where we explain how we help clients deal with Alabama’s tough rules.

If you have questions, call us for a free consultation. We’re here to help you protect your rights and fight for the compensation you deserve.

Why Motorcyclists Face More Risk Under This Law

Motorcyclists often deal with unfair treatment in accident claims. Many people wrongly believe riders are reckless or unsafe. These biases can hurt your case.

Factors That Complicate Fault for Motorcyclists

Several common circumstances can increase the likelihood of contributory negligence being used against you:

Forgetting to use a turn signal, even for a brief moment, can be considered negligence. Similarly, going slightly over the speed limit, even if you were trying to avoid a hazard, can weaken your claim.

Road hazards like potholes or debris create another problem. If you swerve to avoid something in the road, the other person might say you were not handling your bike properly. In Alabama, helmets are required by law. If you weren’t wearing one, the other side might argue that your injuries are your fault because you didn’t take enough safety precautions.

These things make it harder for motorcyclists to win claims, even when they didn’t cause the accident.

Real-Life Examples of How Contributory Negligence Impacts Motorcycle Cases

Scenario 1: Lane Change Dispute

You’re riding in your lane when a car suddenly changes lanes without signaling, hitting your motorcycle. The driver’s negligence seems obvious, but their insurance company argues that you were slightly over the speed limit. Under Alabama’s law, this small detail could cost you your entire claim.

Scenario 2: Avoiding a Road Hazard

You see a large pothole and swerve to avoid it. Unfortunately, your swerve puts you in the path of another vehicle. The other driver’s insurer argues your action caused the crash, even though the pothole was the real problem.

These examples highlight how quickly contributory negligence can be used against motorcyclists and why thorough documentation and legal representation are essential. Fortunately, there are steps you can take to protect your case and minimize these risks.

Steps to Take After a Motorcycle Accident

If you’ve been in a motorcycle accident, taking the right steps can significantly strengthen your case:

  • Take Photos and Videos: Capture the scene, damage to your bike, and your injuries.
  • Get Medical Attention: Even minor injuries should be evaluated by a medical professional. This creates a medical record that supports your claim.
  • Gather Witness Information: If anyone saw the accident, collect their contact details and ask for a brief statement.
  • Be Careful What You Say: Don’t admit fault or make statements like, “I didn’t see them.”

How an Experienced Attorney Can Help

Alabama’s law makes it difficult to handle accident claims on your own, which is why having an experienced attorney by your side is so important. At Strickland & Kendall, L.L.C., we work to build a strong case for you by gathering evidence and consulting experts to prove you were not at fault.

We understand the unfair stereotypes motorcyclists face and know how to ensure your side of the story is heard. Our team works to maximize your compensation by negotiating with insurers or going to court if needed.

In Alabama, you have two years to file a claim, but waiting too long can hurt your case. Evidence can disappear, witnesses may be harder to reach, and memories fade quickly. Taking action right away gives you the best chance to secure the compensation you deserve.

Why Time Is of the Essence

You have two years to file a claim in Alabama. That might sound like a lot of time, but it’s not. Waiting can hurt your case. Evidence disappears, witnesses move away, and memories fade. The sooner you act, the better your chances.

Take Control of Your Case Today

Motorcycle accidents are stressful enough without dealing with Alabama’s tough negligence law. At Strickland & Kendall, L.L.C., we’re here to help.

Visit our Motorcycle Crashes page for more information, or contact us today for a free consultation. Let us fight for your rights while you focus on your recovery.

At Strickland & Kendall, L.L.C., we’ve helped countless motorcyclists like you navigate these tough cases. Contact us today. We’ll fight for your rights and help you move forward.

Schedule your free consultation now. Let us help you rebuild your life.