Birmingham’s bike scene has grown a lot in the last decade. Riders use the Rotary Trail and Railroad Park downtown, the Red Rock Trail System’s growing network of routes, the mountain bike trails at Red Mountain Park and Oak Mountain, and long road rides out toward the lakes. Commuters ride from Southside and Highland Park into UAB and downtown. And on hilly roads with narrow lanes, drivers still aren’t always ready to share.
Bikes are vehicles under Alabama law
In Alabama, a person riding a bicycle on the road generally has the rights and duties that apply to drivers of vehicles, with some bicycle-specific rules added. That cuts both ways. A cyclist has the right to use the lane and to be treated like traffic. A cyclist is also expected to follow signals, signs and the rules about riding with traffic.
Common ways cyclists get hit
- Right hooks. A car overtakes the rider, then swings right into a driveway or side street directly in front of the bike.
- Left crosses. A driver coming the other way cuts left across the rider.
- Close passes. A driver squeezes by on a narrow road like the climbs off Highland Avenue or around Vulcan and clips the rider.
- Doorings. Someone climbing out of a parked car flings the door open without checking the mirror, a real risk on streets lined with curbside parking.
- Rear-end strikes, often at night or at dusk by distracted drivers.
Contributory negligence and cyclists
Alabama’s contributory negligence rule can block a cyclist’s ordinary negligence claim if the rider was even slightly at fault. Insurers often argue the cyclist ran a stop sign, rode against traffic, didn’t have lights at night, or swerved into the lane. Those claims have to be proven, and many of them fall apart under a closer look.
Lights, reflective gear and a helmet camera are worth considering for that reason alone. A rider with a front light, a rear light and video of the crash is in a far stronger position than one relying on memory alone.
What about helmets?
Alabama’s universal helmet requirement in Ala. Code § 32-5A-245 applies to motorcycles, not bicycles. The bicycle rule is narrower. Ala. Code § 32-5A-283 makes it unlawful for a person under 16 to operate or ride as a passenger on a bicycle on a public roadway, bicycle path, other public right-of-way, or a state, city or county park unless that person wears a protective helmet of good fit, fastened securely with the straps. The same section requires a restraining seat for a passenger who weighs less than 40 pounds or is less than 40 inches tall, and it makes it unlawful for a parent or legal guardian to knowingly permit a child under 16 to ride in violation of those rules. For an adult rider, not wearing a helmet usually isn’t a traffic violation, but an insurer may still argue it made a head injury worse. That’s a fact question for a lawyer to look at.
Right after a bike crash
- Dial 911 and request an officer. Bike crashes sometimes don’t get a full report unless someone insists, and you want one.
- Don’t let the driver leave without exchanging names, phone numbers, plates and insurance.
- Photograph the bike where it landed, the car, the road and your injuries.
- Keep the bike, helmet and clothes as they are. Don’t repair or throw anything away yet.
- Download the ride file from your bike computer, phone app or helmet camera, and back it up.
- Get checked out by a doctor, even if adrenaline is telling you you’re fine.
The report
Inside Birmingham, the police department usually writes the report and charges $10 for a copy. Crashes on state routes may be handled by ALEA troopers, who charge $15. In Homewood, Mountain Brook, Vestavia Hills and Hoover, the city’s own police department handles it. Our crash report guide explains how to get it and who’s allowed to buy it.
Insurance for cyclists
Start with the motorist’s liability policy. If the driver had little or none, your own auto policy’s uninsured and underinsured motorist coverage can follow you onto the bike a bike, depending on the policy terms. Medical payments coverage and your health insurance can help with bills in the meantime. See our UM guide.
Trail and park injuries
Crashes on trails or in parks without a motor vehicle are a different kind of case. If a defect in a public trail or a city-maintained road caused your crash, short notice deadlines may apply. For the City of Birmingham, tort claims have to be presented within six months. Read our government claims guide.
Bike damage
Good bikes are expensive. Keep receipts, a description of components and any upgrade history. A bike shop’s written damage estimate is helpful for the property side of your claim. Damaged clothing, shoes and electronics count too.
Deadlines and help
When a motor vehicle is involved and someone is hurt, or property damage to any one person exceeds $250, the vehicle’s operator still has to report the matter in writing to the director within 30 days under Ala. Code § 32-7-5. That duty sits with the motorist, not the cyclist, and it is separate from the police report a rider should also request.
Most injury lawsuits in Alabama must be filed no later than two years after the crash. See the deadline table. This is general information, not legal advice. If you’d like to talk with someone, you can browse bicycle accident attorneys near Birmingham.