If you were injured in a bicycle accident at an intersection in Alabama, it will be important to make sure you have a clear understanding of your legal rights. If you had the right of way at the time of the accident, an experienced Birmingham bicycle accident attorney may be able to help you obtain compensation for your medical bills, pain and suffering, and other losses. This article provides an overview of what you need to know about Alabama’s right-of-way laws and your legal rights after a collision involving a motor vehicle:

Alabama’s Right-of-Way Laws for Bicycles and Motor Vehicles

As a general rule, cyclists have the same rights—and the same obligations—as drivers in Alabama. This is made clear in Section 32-5A-260 of the Alabama Code, which states:

“Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.”

As a result, when it comes to establishing the right of way at an intersection, it doesn’t matter whether you are riding a bicycle or driving a car. If you would be entitled to the right of way in a car, then you are entitled to the right of way on your bicycle.

With this in mind, when it comes to assessing a cyclist’s legal rights after a bicycle accident at an intersection, we can focus on the general right-of-way principles that apply under Alabama law. As applied to cyclists, these include:

  • When approaching intersections, cyclists must ride with the flow of traffic (i.e., on the right-hand side of the road).
  • On multi-lane roads, cyclists must turn from the right lane when turning right, and they must turn from the left lane when turning left.
  • When passing vehicles in adjacent lanes traveling in the same direction, cyclists must exercise “due care” to avoid collisions when possible.
  • Cyclists must come to a complete stop at all stop signs and red lights, and they must not proceed into an intersection until it is their turn.
  • Cyclists can turn right on red at an intersection provided that they have come to a complete stop, checked for oncoming traffic, and ensured that it is safe to proceed.
  • Drivers must give cyclists at least three feet of clearance when passing, and turning drivers must not cut off cyclists who are attempting to proceed straight through an intersection.
  • Generally speaking, drivers must yield to cyclists just as they would yield to other motorists, and they must not assume that cyclists will stop or get out of their way.

Just like drivers, cyclists are required to signal when turning at intersections as well. While failing to signal does not justify a careless or reckless driver causing a collision, it can potentially impact a cyclist’s right to compensation. Under Alabama law, if a cyclist (or any other accident victim) is partially to blame for their injuries, this can prevent them from filing a successful insurance claim.

Determining Who Had the Right of Way in Your Bicycle Accident

Taking these rules into account, if you were injured in a bicycle accident, determining—and, more importantly, proving—who had the right of way will require a thorough investigation. Some examples of types of evidence that may be available to prove who had the right of way include:

  • Traffic Camera Footage – If there was a traffic camera at the intersection where your accident happened, the footage of your accident could be key evidence in support of your claim that you had the right of way and are entitled to financial compensation.
  • Dashcam, Helmet Camera or Cell Phone Camera Footage – Likewise, if any drivers or pedestrians captured the accident with a dashcam or cell phone camera, or if you were wearing a helmet camera at the time of the accident, this footage could be key evidence as well.
  • Eye Witness Testimony – Even if no one caught your accident on video, if there were any eye witnesses, these individuals may be able to testify as to the series of events leading up to your bicycle accident.
  • Social Media Posts – Social media posts are increasingly playing an important role in bicycle accident and other personal injury cases. If someone posted footage of the accident online (or if the driver who hit you admitted to being at fault online), your attorney can use these posts to pursue your claim.
  • Forensic Evidence – Forensic evidence from the accident scene can help with establishing the right of way as well. This includes debris from the crash (and documentation of where the debris was found), as well as information about any signs and traffic signals at the intersection.
  • The Police Report – If a police officer responded to your bicycle accident, there should be a police report available. In many cases, police reports will provide valuable information that accident victims (and their attorneys) can use to seek just compensation.
  • Accident Reconstruction – Accident reconstruction involves using forensic evidence, data and other evidence to create a computer simulation of a crash. These computer simulations can be extraordinarily accurate, and they can be used during insurance settlement negotiations and in court if necessary.

These are just examples. To determine what evidence is available in your case, you should contact an experienced Birmingham bicycle accident attorney right away. You do not want to rely on the outcome of the insurance company’s investigation, as the driver’s insurance company will be investigating with its own best interests in mind.

Talk to a Birmingham Bicycle Accident Attorney About Your Legal Rights for Free

Were you injured in a bicycle accident at an intersection in Alabama? If so, we encourage you to contact us promptly so we can help. To speak with an experienced Birmingham bicycle accident attorney about your legal rights for free, call 205-855-2745 or tell us how we can reach you online today.