If you’re preparing to ride a motorcycle in Alabama, be sure to wear a helmet, and not just for safety’s sake. Alabama’s helmet law is universal. It applies to every operator and passenger regardless of age, on motorcycles and on any vehicle that meets the state’s definition of a motor-driven cycle.
What Is Alabama’s Motorcycle Helmet Law?
Alabama Code § 32-5A-245 requires anyone who operates or rides on a motorcycle or motor-driven cycle to wear protective headgear. Unlike some states, Alabama’s law doesn’t have different rules based on a person’s age. Parents or guardians may not knowingly allow a juvenile in their care to ride without a helmet.
The same statute carries a second requirement most riders have never heard of: subsection (b) says no person shall operate or ride upon a motorcycle or motor-driven cycle unless he or she is wearing shoes. The juvenile provision applies to shoes as well as helmets.
All motorcycle helmets must meet the standards referenced in Alabama Code § 32-12-41, comply with U.S. Department of Transportation (DOT) standards, fit snugly, and have no obvious defects or damage. The Alabama Motorcycle Manual covers what an approved helmet looks like in practice.
What Happens If You Ride Without a Helmet in Alabama?
Under Alabama Code § 32-12-44, violating the helmet article is a misdemeanor. The penalty is a fine of not less than $1 and not more than $100, and up to 180 days in the county jail or at hard labor, or both. Each violation counts as a separate offense. Jail time is unlikely for a first offense, but possible for repeat offenses.
Riding without a helmet also significantly increases your chances of dying or suffering permanent brain damage in a collision. NHTSA estimates that helmets are about 37 percent effective at preventing fatal injuries to motorcycle operators and about 41 percent effective for passengers. Head injury is a leading cause of death in motorcycle crashes, which is the whole reason the requirement exists.
Is Lane Splitting Legal in Alabama?
Lane splitting, which involves riding between two lanes of stopped or slow traffic, is illegal in Alabama. Alabama Code § 32-5A-242 entitles motorcycles to full use of a lane and prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. Lane filtering, moving between stopped cars at a light, falls under the same prohibition.
Many riders argue that lane splitting helps prevent collisions by improving traffic flow and making it easier to avoid becoming trapped, but the practice is still illegal under the law.
Two motorcycles can ride side by side in a single lane. This can help keep riders safer by making them more visible to others on the road.
For more on the rule and what it means after a crash, see our post on whether lane splitting is legal in Alabama.
Are There Any Exceptions in Alabama?
Yes, the helmet requirement has some narrow exceptions, and they are written directly into § 32-5A-245(c). The requirement doesn’t apply to people riding within an enclosed cab. It also doesn’t apply to the operator of an autocycle, which Alabama defines separately under Alabama Code § 32-6A-1.
Outside those situations, the helmet law applies to all riders and passengers. A rider shouldn’t assume that their age, their experience, the fact that they’re taking a short trip, or the fact that they’re riding at low speed creates an exception.
What About Mopeds, Scooters, and Motorized Bicycles in Alabama?
Alabama’s helmet requirement also applies to people operating or riding on many smaller powered vehicles. The state’s definition of motor-driven cycles includes certain motor scooters, motorcycles with lower horsepower, and bicycles with a motor attached.
Riders should look at how their vehicle is classified under Alabama law, not just what it’s commonly called. Mopeds, scooters, and gas-powered motorized bicycles may fall under the helmet rules if they meet the definition of a motor-driven cycle.
Electric bicycles sit in a different category. Alabama recognizes Class 1, Class 2, and Class 3 e-bikes and generally applies bicycle rules to them rather than motorcycle rules, so the helmet statute above is usually not what governs. The line between an e-bike and a motor-driven cycle comes down to how the vehicle is classified, which is exactly the kind of detail an insurance company will scrutinize after a crash.
Is a Motorcycle License Required in Alabama?
You need a Class M motorcycle license, or a motorcycle endorsement on a standard driver’s license, to ride a motorcycle in Alabama. A regular Class D license does not cover it.
Alabama also issues a restricted license to younger riders, and the details matter. Under Alabama Code § 32-12-22, a Class M license with a motor-driven cycle restriction is issued to a person 14 or older who either passes the motorcycle knowledge test designated by ALEA or completes an approved Basic Riders Course. That restricted license is not a learner’s permit. It carries a “B” restriction limiting the holder to motor-driven cycles, and at 16 the rider can move to an unrestricted Class M.
For an unrestricted license or endorsement, you must pass a written exam and a road skills test, unless you qualify for a waiver through an approved safety course. You must also pay a fee and provide proof of your Alabama residency and identity.
Our guide on how to get a motorcycle license in Alabama walks through the full process.
Can Helmet Use Affect Your Motorcycle Accident Case?
It can come up, so it’s worth understanding what is actually at stake.
Start with what a helmet has nothing to do with: who caused the crash. Whether you were wearing one doesn’t change that a driver turned left in front of you, ran a light, or never looked. Fault for the collision is a separate question from what you were wearing.
In practice, though, insurers raise it constantly, particularly when a rider suffered a head, face, or neck injury. The reason they push so hard is Alabama’s contributory negligence rule. An injured person found partly responsible for the harm they suffered can be barred from recovering anything, which gives the other side a strong incentive to look for any argument that points back at you. Our guide to contributory negligence in Alabama explains how that rule works.
What that argument is worth depends on the facts, and it is not automatic. Several things matter: who caused the crash, whether the helmet law applied to your vehicle at all, what injuries you actually suffered, whether a helmet would have changed any of them, and how you were riding. A head injury argument has nothing to attach to if your injuries were to your leg and your shoulder.
The practical takeaway is not to assume your claim is over because you weren’t wearing a helmet, and not to assume it’s untouchable because you were. Have a lawyer look at the specific facts before you accept an adjuster’s version of what your case is worth. If your crash caused a head injury, our brain injury lawyers can explain what those claims involve.
What If the Driver Who Hit You Had No Insurance?
Riders are often told that an uninsured driver means no recovery. Frequently that’s wrong. Under Alabama Code § 32-7-23, uninsured and underinsured motorist coverage is part of an Alabama auto policy unless the named insured rejected it in writing, and it covers you as an insured person rather than covering one particular vehicle.
If you were hit by a driver with no coverage or not enough of it, bring your own policy to your lawyer. There may be coverage you don’t know you have.
Talk to an Alabama Motorcycle Accident Lawyer
If you got hurt in a motorcycle or scooter crash, a Birmingham motorcycle accident attorney from Collins Law, LLC, can help you understand your legal rights and options, pursue the compensation you deserve, and push back against unfair attempts to blame you for your injuries. If your crash was in the Huntsville area, our Madison motorcycle accident lawyers handle claims out of that office. Contact us today to get started with a free, no-obligation consultation.
