Bicycle Accident Lawyer in Birmingham, AL

bicycle accident

If a driver hit you while you were riding, you are dealing with injuries a person in a car would not have, and an insurance company already looking for a way to blame you. Bicycles are a healthy and convenient way to get around Alabama, particularly in urban areas like Birmingham, but drivers don’t always give cyclists proper consideration. Bike crashes here regularly cause major physical injuries, deep emotional scars, and significant financial losses.

Attorney April H. Collins and the team at Collins Law, LLC, can help if you sustained injuries in a bike crash that someone else caused. We can handle all the legal work in your case, from documenting your injuries to filing insurance forms and negotiating a fair settlement. Doing so allows you to rest, heal, and rebuild your life in peace.

Collins Law works to bring clients’ medical bills down once their cases resolve, so more of the recovery stays with the client. The firm also never takes home more money than its accident victim clients when reaching a settlement or getting a court victory.

Attorney Collins and her team will protect your rights at every stage of your claim. Call Attorney April H. Collins today or complete our contact form for a free, no-obligation consultation.

Most Common Types of Bicycle Accidents in Alabama

Red-Light and Intersection Collisions

One of the most common bicycle crashes in Alabama happens when a motorist runs a red light and strikes a rider crossing legally. The vehicle is usually moving at speed, and the injuries are severe.

The reverse situation is different, and it’s worth being honest about it. If the rider ran the light, Alabama’s contributory negligence rule will likely bar the claim entirely. Fault at an intersection is often disputed, though, and what a driver tells the responding officer is not the final word. If you were cited or blamed and the facts do not match, have a lawyer review the crash before you accept that answer.

Rear-End and Unsafe Passing Collisions

These happen when a driver comes up behind a rider and either fails to see them or passes too closely. Alabama Code § 32-5A-82 defines a safe pass as not less than three feet in certain conditions, so how much room the driver actually left is often the central question in the case.

A rider struck from behind rarely sees it coming, which makes physical evidence, vehicle damage, and any available video far more important than memory.

Wrong Way Collisions

This type of crash happens when a bicyclist or a motorist is traveling in the wrong direction on a road. Bicycles are considered vehicles in Alabama and must ride in the direction of traffic, so a wrong way bicycle accident is typically a head-on collision. Head-on collisions are among the most serious vehicle accidents and can cause catastrophic injuries.

Hook Collisions

Hook collisions can happen either way, right or left. A motorist makes a turn in front of a cyclist without leaving enough room for the bike to stop. The rider usually strikes the side of the vehicle or is thrown over the front of it.

These typically happen in turning lanes, across crosswalks, and in bike lanes, and drivers often claim they never saw the rider at all.

How Alabama’s Contributory Negligence Rule Affects Cyclists

This is the rule that decides most Alabama bicycle cases, and most riders have never heard of it. Alabama is one of a small number of states that still applies pure contributory negligence. If the other side establishes that you were even one percent at fault for the crash, you can be barred from recovering anything at all.

That is why insurers work so hard to find something the rider did wrong. Expect them to raise where you were positioned in the lane, whether you had lights at night, whether you were wearing a helmet, and whether you signaled. Some of those arguments are legally wrong, and some are simply wrong on the facts, but none of them go away on their own.

The rule has limits. Contributory negligence is generally no defense to wanton conduct, meaning conduct carried on with reckless or conscious disregard for the safety of others. Our guide to contributory negligence in Alabama explains how this plays out in practice.

What Are the Benefits of Hiring a Birmingham Bicycle Accident Attorney?

Hiring a bicycle accident attorney gives you several advantages in your claim for fair compensation, including the following:

  • A More Accurate Assessment of Your Losses: One common reason insurance companies don’t offer fair settlements after bicycle accidents is that injured cyclists don’t know how much their claims are worth. It’s crucial to account for your current and future needs when you demand payment from the at-fault party. Collins Law can help you document all your losses from the collision, making sure you’re pursuing every bit of compensation you’re owed.
  • Protection from Self-Inflicted Errors: The insurance companies will go over every aspect of the crash and your injuries. They’re looking for any reason to deny your claim or reduce your compensation, and under Alabama’s fault rule, one careless statement can be enough. By letting Attorney Collins handle the paperwork and the adjusters, you avoid the common mistakes that derail unrepresented claims.
  • Having an Ally to Keep Your Case Moving: Document requests, missed deadlines, stubborn insurance companies, and other factors can all delay a bicycle accident claim and keep you from recovering the money you need. A lawyer can anticipate those issues and take proactive steps to keep your case moving.
  • Experienced Representation at Every Step of Your Case: Bicycle accident claims involve complicated rules and procedures. A misstep at any stage could keep you from recovering fair compensation. An experienced personal injury lawyer understands every step of the process, can explain what’s happening, and can guide you through your case so you always know where it stands.

What Should You Do After a Bike Accident?

You have an uphill battle to recover fair compensation after a bicycle accident injury, so you must do everything you can to protect your rights. Once you’ve called 911 and seen a doctor, here’s what you should do next:

  • Save Any Evidence You Have from the Accident Scene: Eyewitness contact information, photos of your injuries and the vehicles involved, the damaged bicycle itself, and even your clothing can all be important pieces of evidence. Do not repair or discard the bike. Save whatever you have in a safe place until you hire a lawyer and can hand it over.
  • Make Copies of Your Medical Records and Receipts: Your medical records provide detailed information on how your injuries occurred, how long they might last, and what long-term effects they might have. That makes them essential evidence for your personal injury claim, so make copies and preserve them in a secure place. Your receipts help demonstrate the accident’s financial effects, so save those too.
  • Do Not Discuss the Accident: Anything you say about the accident to anyone other than your lawyer could hurt your case. Don’t post about it on social media, as insurance companies can find your posts and use them to deny your claim or reduce your compensation.
  • Follow Your Doctor’s Orders: Sticking to your prescribed treatment plan and attending all your follow-up appointments is crucial for protecting your health after an accident. It also shows the insurance company that your injuries are real and that you are treating them promptly, which supports the value of your claim.
  • Hire a Bicycle Accident Attorney: Your job after a bicycle accident is to heal and rebuild your life. A lawyer can investigate the crash and file a claim against the liable parties while you treat your injuries.

What Compensation Can You Recover After a Bicycle Accident?

With help from an experienced bicycle accident law firm, your compensation could include money for the following:

  • Current and future medical expenses
  • Lost income
  • Reduced earning capacity
  • Diminished quality of life
  • Pain and suffering
  • Emotional distress
  • Damaged personal property, including the bicycle

How Long Do You Have to File a Bicycle Accident Claim in Alabama?

Alabama law allows you two years from the collision date to file a bicycle accident lawsuit. Missing this deadline means you will likely lose your chance to recover compensation for your injuries, so don’t delay.

Claims involving a government body run on a much shorter clock. If a city vehicle hit you, or if a pothole, a missing sign, or a badly maintained street played a part in the crash, Alabama Code § 11-47-23 requires the claim to be presented to the municipality within six months, and Alabama Code § 11-47-192 requires it to be a sworn statement filed with the city clerk. Counties have their own presentment requirements. On a Birmingham street, that six-month window can close long before most riders have finished treatment, so it is worth asking about early.

What If the Driver Who Hit You Had No Insurance?

Riders often assume that a driver with no coverage means no recovery. That is frequently wrong. If you own a vehicle with uninsured or underinsured motorist coverage, that coverage can apply when you are hit while riding a bicycle, because it covers you as an insured person rather than covering a particular car.

Under Alabama Code § 32-7-23, UM coverage is part of an Alabama auto policy unless the named insured rejected it in writing. Many people who believe they don’t have it actually do. Bring us your auto policy along with the crash details and we’ll check what applies.

What Are the Alabama Bicycle Laws?

Some important Alabama laws that apply to cyclists and bicycle accident claims include the following:

  • While adult cyclists do not have to wear helmets, anyone riding a bike under 16 must use a helmet. Insurance companies sometimes try to blame cyclists for their injuries when they weren’t wearing one, even when a driver’s actions caused the crash.
  • State law gives bicyclists most of the same rights and responsibilities as anyone else on the road. Because bicycles are usually considered “vehicles” under Alabama law, they are typically not allowed on sidewalks.
  • Under Alabama Code § 32-5A-263, a rider on a roadway must ride as near to the right side as practicable. Practicable is not the same as possible, and the difference matters. The law does not require you to hug the curb through debris, broken pavement, parked cars, or a lane too narrow to share, and an adjuster who quotes the rule as “as far right as possible” is misstating it.
  • The same section requires riders to use a usable bicycle path when one has been provided adjacent to the roadway, and not to ride more than two abreast on a roadway.
  • Alabama Code § 32-5A-82 defines a safe pass of a bicycle as not less than three feet, with conditions attached. It applies on a roadway with a marked bicycle lane, and on a roadway without one where the speed limit is 45 mph or lower and there is no double yellow line. It applies only when the rider is within two feet of the right shoulder.
  • Cyclists must come to a complete stop at all stop signs and traffic lights.
  • State law prohibits drivers from reading, writing, or sending a text message unless the driver has a hands-free system, which makes it easier to hold drivers accountable for distracted driving crashes.
  • Under Alabama Code § 32-5A-265, a bicycle used at night must have a white front lamp visible from at least 500 feet and a red rear reflector visible from 100 to 600 feet. A red rear lamp may be added to the reflector. The bike must also have a brake capable of skidding the wheel on dry, level pavement.
  • Bicyclists cannot drink and ride, as a bicycle is considered a vehicle in Alabama.
  • Alabama recognizes Class 1, Class 2, and Class 3 electric bicycles and generally applies bicycle rules to them, though local governments can restrict e-bikes on certain paths. If you were riding an e-bike, tell your lawyer the class, because insurers sometimes argue it should be treated as a motor vehicle instead.

What Are Common Causes of Bicycle Accidents?

Some common causes of bicycle accidents in Birmingham, AL include:

  • Impaired Driving: Drivers who drink or use drugs before getting behind the wheel have a harder time seeing and recognizing nearby cyclists. An impaired driver might also misjudge the distance between them and a rider and make an unsafe maneuver that causes a collision.
  • Distracted Driving: There’s a reason Alabama passed a hands-free law. Drivers who are snacking, adjusting the music, talking on the phone, texting, or distracted in some other way can’t see and react to hazards around them, including cyclists.
  • Speeding: Speeding drivers are doubly dangerous for cyclists. A car takes more time to slow down and stop the faster it’s going, and it hits harder when a crash happens, increasing the likelihood of catastrophic injuries.
  • Poor Visibility: Rain, sleet, darkness, and other conditions can make cyclists harder to see, making crashes more likely if drivers don’t take proper precautions.
  • Unsafe Turns, Passing Maneuvers, and Lane Changes: Because bicycles are much smaller than cars, drivers can miss them. Drivers who don’t check their blind spots and oncoming traffic before turning, passing, or changing lanes might not see a nearby rider.
  • Dooring Accidents: Drivers or passengers who carelessly open their doors into traffic can cause a crash if a cyclist doesn’t have enough room to stop or maneuver around the door.

What Are Common Types of Injuries from Bicycle Accidents?

Common injuries from bicycle accidents in Birmingham include:

  • Internal organ injuries
  • Soft-tissue injuries (sprains, strains, etc.)
  • Severe cuts and bruises
  • Road rash

A rider has almost nothing between them and the vehicle that hits them, which is why these crashes so often produce permanent injuries. If a family member died in a bicycle crash, our wrongful death lawyers can explain how those claims work in Alabama, since the rules are different from an injury claim.

Frequently Asked Questions About Alabama Bicycle Accidents

I wasn’t wearing a helmet. Does that end my claim?

Adults are not required to wear helmets in Alabama, so not wearing one is not a violation of the law. Insurers still raise it, and under the contributory negligence rule they have an incentive to. It is an argument to be answered, not an automatic bar.

The driver says I was riding too far out in the lane. Is that my fault?

Not necessarily. The statute requires riding as near to the right as practicable, which accounts for road hazards, parked cars, debris, and lanes too narrow to share safely. Where you were positioned, and why, is exactly the kind of detail worth documenting early.

How much room is a driver required to give me?

Alabama Code § 32-5A-82 sets three feet as the safe passing distance, subject to conditions involving bike lanes, the speed limit, no-passing lines, and how far from the shoulder you were riding. Whether those conditions were met is often argued in these cases.

The driver had no insurance. Do I have any options?

Possibly. Your own uninsured motorist coverage can apply to a crash while you were riding a bicycle, and under Alabama Code § 32-7-23 you likely have that coverage unless you rejected it in writing.

How long do I have to bring a claim?

Two years from the date of the crash in most cases. If a city or county was involved, the notice deadline can be as short as six months.

What does it cost to hire a bicycle accident lawyer?

Collins Law, LLC handles these cases on a contingency fee basis. There is no upfront cost, and no fee unless we recover for you.

Contact a Birmingham Bicycle Accident Lawyer Today

At Collins Law, LLC, we believe in empowering our clients to find justice after a severe accident. Our team has the drive, experience, and resources to help you recover maximum compensation for your injuries. Call us today or complete our contact form for a complimentary case evaluation and discover the difference an accident lawyer can make in your recovery.