In Alabama, distracted driving is negligent driving. When distracted drivers cause motorcycle accidents, injured riders have the right to seek full compensation for their medical bills, lost earnings, pain and suffering, and other losses. Hiring an experienced Birmingham motorcycle accident attorney is the first step in the process.
Distracted driving is a major issue in Alabama. While distracted drivers pose risks to all road users, encountering one can be especially dangerous for motorcycle riders. Motorcycle riders are uniquely exposed to injury risks, and when drivers around them are not paying attention, they can suddenly find themselves facing the life-altering consequences of someone else’s poor decision-making.
In Alabama, distracted driving is negligent driving. As a result, motorcycle riders who have been injured by distracted drivers have the right to seek just compensation under Alabama law. But, filing a successful claim after a motorcycle accident is not easy, and this makes it critical to have an experienced Birmingham motorcycle accident attorney on your side.
Alabama Law Protects Motorcycle Riders Injured By Distracted Drivers
Distracted driving can take many different forms. While traditional forms of distracted driving (i.e., rubbernecking and eating or drinking behind the wheel) remain common, today most distracted driving accidents involve drivers who are on their phones.
This is despite the fact that using a phone to send text messages while driving is against the law in Alabama. Handheld texting is expressly prohibited under Section 32-5A-350(b) of the Alabama Code:
“A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.”
Yet, texting-while-driving remains common, and it is a common factor in all types of motor vehicle accidents—motorcycle accidents included. Of course, other types of phone-related distractions can (and do) lead to accidents as well, and even though these forms of phone use are not expressly prohibited under Alabama law, they are still clear forms of negligence that can entitle injured riders and their families to just compensation.
The Insurance Companies Will Still Try to Blame Injured Riders in Many Cases
Even though the prevalence and the risks of distracted driving are well-known, the insurance companies will still try to blame injured motorcycle riders for their own injuries in many cases. Often, they argue that motorcycle riders themselves were distracted, or that riders could (and should) have done more to avoid injury.
This is one of several reasons why it is important for injured riders to have an experienced Birmingham motorcycle accident attorney on their side. An experienced attorney will be able to deal with the insurance companies effectively, and will be able to use the available evidence to prove that his or her client is entitled to just compensation.
All-Too-Common Examples of Distracted Driving
Under Alabama law, injured motorcycle riders can (and should) seek just compensation for accidents resulting from all forms of distracted driving. This includes, but is not limited to, all-too-common examples such as:
- Texting behind the wheel
- Talking on the phone behind the wheel
- Scrolling social media behind the wheel
- Setting GPS directions or navigating
- Talking to passengers
- Talking to other motorists
- Eating and drinking while driving
- Grooming while driving
- Smoking while driving
- Rubbernecking
What to Do if You Were Hit By a Distracted Driver on Your Motorcycle
If you were injured in a motorcycle accident caused by a distracted driver, it is up to you to protect your legal rights. Nothing will happen unless you take action. With this in mind, if you need to seek just compensation for your injuries, you should:
- Seek medical treatment right away
- Follow your doctor’s recommendations regarding treatment and recovery
- Take detailed notes about the accident
- Be sure to keep your copy of the police report and any other documentation
- Talk to an experienced motorcycle accident lawyer as soon as possible
FAQs: Motorcycle Accident Cases Involving Distracted Drivers in Alabama
Can I file an insurance claim with the distracted driver’s insurance company?
If you got hit by a distracted driver while riding your motorcycle in Alabama, you should be able to file a claim with the distracted driver’s insurance company. Automotive liability insurance covers distracted driving accidents, and just like car accident victims, motorcycle accident victims are entitled to seek liability coverage for their injuries. Liability coverage is mandatory in Alabama, and the driver who hit you should have at least $25,000 in bodily injury liability coverage available.
How can I prove that the driver who hit me was distracted?
Proving that the driver who hit you was distracted can be tricky. Distracted drivers will often deny being distracted, and in some cases there may be little else to prove that a driver was not paying attention at the time of a motorcycle accident.
With that said, cell phone records, traffic camera footage, eyewitness testimony, and other forms of evidence can be used to prove distracted driving when available. Additionally, even if you cannot prove that the driver who hit you was distracted, proving that the driver drifted out of his or her lane or failed to stop in time to avoid a collision could be enough to establish your claim for just compensation.
What if the distracted driver who hit me doesn’t have insurance?
If the distracted driver who hit you doesn’t have insurance, you may be able to file a claim under the uninsured/underinsured motorist portion of your motorcycle insurance policy (if you have this coverage available). Alternatively, if the distracted driver was working at the time of the crash, your motorcycle accident attorney may be able to help you file a claim against his or her employer.
Schedule a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
Do you need to know more about your legal rights after a motorcycle accident in Alabama? If so, we encourage you to contact us promptly. Call 205-855-2745 or contact us online to schedule a free consultation with a Birmingham motorcycle accident attorney today.