The motorcycle helmet law in Alabama requires drivers and passengers to wear state-approved headgear at all times. For example, Alabama has rules about the material used for the helmet and asks people to wear a safety strap at all times to make sure the headgear stays on. If you get hurt in a motorcycle accident and aren’t wearing a helmet, you may face special challenges during the claims process. A seasoned attorney is best positioned to help you overcome these.
For decades, Steve Morris Law has been a beacon of hope for those who are hurt on Alabama’s roadways. We have helped parents, children, grandparents, spouses, and siblings as they navigate the complex process involved in demanding justice and fair compensation after someone’s negligence injures or kills their loved one. While we’re saddened that others need our help, we proudly answer their calls.
Who Is Required To Wear a Helmet Under Alabama Law?
Under the Alabama helmet law — found in Alabama Code Section 32-5A-245 — anyone riding a motorcycle needs to wear protective headgear. The helmet or headgear needs to meet the minimum requirements outlined in Alabama Code Section 32-12-41. Based on these regulations, helmets should have the following features:
- It needs to be made specifically for motorcyclists.
- It has to have a hard shell that won’t shatter on impact.
- It needs a shock-absorbent inner cradle that protects the head during a collision and keeps it from hitting the helmet’s hard shell.
- It should have cushioning or padding to keep the person’s head from hitting the outer shell.
- It must include a chin strap to secure the helmet on the person’s head.
The helmet may also have a visor, but it doesn’t have to. If the helmet has a visor, the visor should be flexible or snap on. For safety reasons, this feature can’t stick out more than a quarter of an inch.
What Happens if You Do Not Wear a Helmet?
If you don’t wear a helmet while driving or riding a motorcycle, you put yourself at considerable risk. Unlike your passenger car peers, you don’t have the benefit of a hard metal frame to insulate you against the impact. Instead, your body and the protective equipment you wear take on the full force of the collision. For this reason, it’s extremely important to have and wear safety gear anytime you’re a passenger or driver on a motorcycle.
If you’re in a motorcycle crash without a helmet, you may face legal penalties. Under Alabama Code Section 32-12-44, you may have to pay up to $100 in fines and get saddled with a misdemeanor offense. Additionally, you may have to go to jail or participate in community service for up to 180 days.
Common Causes of Motorcycle Accidents
Motorcycle collisions can happen for a number of reasons. Hog crashes may occur because the driver wasn’t paying attention to their surroundings and didn’t notice the rider in their path.
Additionally, speeding and alcohol account for a high number of bike-related wrecks. Another reason for crashes involving a chopper is that other motorists don’t respect their right to use the road. Passenger car drivers may cut off the bikes, run them off the street, or barrel past them.
The result is that the hog rider and their passenger may get seriously injured or killed.
Consequences of Brain Injuries From Motorcycle Accidents
A brain injury from a motorcycle accident is likely if the person isn’t wearing a helmet or the impact is so great that the person’s head still gets hurt. Examples of brain injuries people can get from a crash on a chopper include the following:
- A concussion
- Diffuse axonal injury
- Hematoma
Depending on the severity and location of the brain injury, it can have lasting impacts on the person’s ability to function. For example, someone with a concussion may experience headaches, nausea, sleep or mood disturbances, sensory challenges, and coordination problems. The concussion may resolve in a week or two; however, sometimes the symptoms persist for far longer than this, impairing the person’s depth perception, reading comprehension, and other areas of their life for months or years.
Additionally, someone with a diffuse axonal injury may endure permanent personality changes. For example, someone who’s usually easy-going and quick on their feet may have unexpected outbursts of anger and have cognitive challenges.
How Helmet Use (or Lack Thereof) Affects Personal Injury Claims
Under Alabama’s personal injury laws, a motorcycle crash victim may be able to sue the at-fault driver if they can prove that the other person’s actions caused the incident. In legal terms, this is referred to as negligence.
Under these rules, someone may be liable if they had a responsibility to another person to act a certain way, but they failed to do so, and it caused another person harm. In the context of a motorcycle wreck, this might mean that the passenger vehicle should have yielded the right of way to the motorcycle, but they cut them off instead, and the person on the chopper was injured.
In addition to proving fault for the accident, the casualty may also have to show that they got hurt and that the accident was the reason.
Alabama’s motorcycle helmet law may play a role in determining who is at fault for the casualty’s injuries. A steadfast personal injury lawyer can carefully review all the evidence in the case as well as the applicable laws. They can combine these to create effective legal strategies and recommendations to maximize the casualty’s chances of receiving a favorable outcome.
Contact an Alabama Motorcycle Accident Attorney
Working with a respected lawyer can help relieve you of some of the stress and anxiety of going through the legal process after a crash uproots your life. With years of valuable experience under our belt, Steve Morris Law has a wealth of resources and knowledge to use to your advantage.
If you have questions about the motorcycle helmet law in Alabama and how it might impact your case, contact us today by calling 256-357-9211. We would be happy to meet with you to discuss your situation and determine how we can help.
