Introduction:
If you’ve been in a motorcycle accident in Alabama, one of the first questions an insurance company—or the other driver’s lawyer—might ask is: Were you wearing a helmet?
Alabama has one of the strictest motorcycle helmet laws in the country, and not wearing a helmet can dramatically impact your injury claim. Whether your crash happened in Birmingham, on I-565 near Huntsville, or a country road outside Anniston, here’s what every rider needs to know.
What Is Alabama’s Motorcycle Helmet Law?
Under Alabama Code § 32-5A-245, all motorcycle riders and passengers are required to wear a DOT-approved helmet, regardless of age or experience. The helmet must also have a secure chin strap and meet specific construction standards.
There are no exceptions—even if you’re over 21 or only riding a short distance.
How Not Wearing a Helmet Affects Your Injury Claim
Alabama is one of the few states that follows a contributory negligence rule. That means:
If you’re even 1% at fault for your injuries, you may be barred from recovering any compensation.
If you weren’t wearing a helmet and suffered a head injury, the insurance company will likely argue that you contributed to your own injuries, even if the crash itself was entirely the other driver’s fault.
This makes it crucial to work with a Birmingham motorcycle accident lawyer who knows how to:
Push back against biased assumptions
Emphasize injuries that weren’t related to helmet use (e.g., broken bones, spinal trauma)
Hold negligent drivers accountable regardless of helmet status
What If You Were Wearing a Helmet?
If you complied with Alabama’s helmet law, that helps show you took reasonable precautions to protect yourself. This strengthens your case and makes it harder for the defense to shift blame onto you.
Other Factors That Can Impact Your Motorcycle Injury Claim:
Whether the driver who hit you was speeding, distracted, or impaired
If the accident occurred at a high-risk intersection (like US-231 near Pell City)
Whether road defects or poor lighting contributed to the crash
If the driver was commercially insured (e.g., a delivery truck or rideshare driver)
What Can a Motorcycle Accident Lawyer Do for You?
Preserve and investigate helmet-related evidence
Counter misleading claims about “reckless biker behavior”
Fight for full compensation—including medical bills, lost income, and pain and suffering
Conclusion & Call to Action:
Not wearing a helmet can complicate your claim—but it doesn’t automatically mean you’re at fault. Every motorcycle accident is unique. The right legal strategy can still get you the compensation you need to recover.
Call Counsel Hound at 1-855-804-6863 or visit counselhound.com for a FREE consultation with an Alabama motorcycle accident lawyer.
Disclaimer:
This blog is for informational purposes only and does not constitute legal advice. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Every case is different. Speak with a licensed attorney about your specific situation.