If you’ve been hit while riding a bicycle in Birmingham, we understand the fear, pain, and confusion that can follow. At the Law Office of Dwayne L. Brown, our bicycle accident lawyer in Birmingham, Alabama, helps victims injured because of someone else’s negligence. Our goal is to guide you through the legal process, hold the responsible party accountable, and pursue the compensation you need to recover.
With more than 30 years of experience, our Birmingham personal injury lawyer knows how devastating a bicycle accident can be. Call us today for a free case consultation.
Common Bicycle Accident Injuries
In Birmingham, collisions often occur near high-traffic corridors like the Five Points South intersection, Lakeshore Parkway, or downtown bike lanes. According to the 2023 Alabama Department of Transportation (ALDOT) Crash Facts, there were 11 fatalities and 171 injuries.
A bicycle offers little protection in a collision. The injuries are often severe, including:
- Traumatic brain injuries (TBI)
- Broken bones or fractures
- Internal bleeding or organ damage
- Spinal cord injuries
- Road rash, disfigurement, or scarring
These injuries can lead to lasting disability, pain, and emotional distress. Medical records, diagnostic imaging, and follow-up reports will play a key role in supporting your claim.
Damages You May Be Entitled to Receive
Alabama law allows bicycle accident victims to pursue several categories of compensation, including:
- Medical expenses: Emergency care, surgeries, rehabilitation, and future treatment
- Lost income: Wages missed during recovery or reduced future earning potential
- Pain and suffering: Physical discomfort and emotional trauma
- Loss of enjoyment of life: Impacts to hobbies, mobility, or daily function
- Property damage: Costs to repair or replace your bicycle and gear
Every personal injury claim is unique. We work with clients to understand how the injury has changed their life and adapt our approach if needs evolve over time.
Alabama Laws That Affect Bicycle Accident Claims
Navigating Alabama’s legal system after a bicycle accident can be overwhelming. Specific state laws may affect your right to recover compensation, especially if there’s any question about fault or timing.
Statute of Limitations
Per AL Code § 6-2-38, personal injury lawsuits must be filed within two years of the date of injury. Missing this deadline could permanently bar your claim.
Contributory Negligence
Alabama is one of the few states that follows a pure contributory negligence rule. If you’re found even 1% at fault, you may be denied compensation. This common law standard is why gathering evidence and presenting a clear narrative of what happened is so important.
Bicycle-Specific Rules
Under AL Code § 32-5A-260, cyclists are granted the same rights and duties as motor vehicle drivers. For example, a driver who fails to yield to a cyclist in a bike lane may be held liable for negligence. Cyclists under 16 must wear helmets under AL Code § 32-5A-282, but the lack of a helmet does not automatically bar recovery in an injury claim.
How Our Law Firm Helps Bicycle Accident Victims in Birmingham
To recover damages, we must prove four elements:
- Duty of Care: The driver had a legal obligation to operate safely
- Breach of Duty: The driver violated that obligation (e.g., texting, speeding, turning without checking)
- Causation: The driver’s actions caused the accident
- Damages: You suffered physical, financial, or emotional harm
We investigate how the crash happened and gather and preserve evidence, such as police reports, medical evaluations, video footage, traffic citations, and eyewitness testimony.
Determining Damages and Negotiations
From the evidence, we can determine your damages and then handle all communications and negotiations with insurers. If we cannot reach a fair settlement, we will be prepared to take your case to trial.
Attorney Dwayne Brown takes pride in focusing his attention on a smaller number of clients, ensuring every case receives the time and care it deserves. We check in regularly, coordinate with treating physicians, and suggest second medical or psychological opinions when appropriate.
Informing and Educating Our Clients on Their Rights
We offer more than legal representation; we provide steady guidance during a difficult time. We keep you informed at every step and answer your questions promptly. Whether it’s understanding how to respond to an insurance adjuster or reviewing a treatment plan, we work with your best interests in mind.
No Upfront Costs—Free Consultation Available
We offer free consultations, and you don’t pay unless we win compensation. Our contingency fee structure means our success is tied to yours. If you’re unsure whether you have a claim, there’s no risk in reaching out.
Common Questions From Bicycle Accident Victims
Have more questions? Before you go, here are a few common concerns we hear from bicycle accident victims:
How Long Will My Bicycle Accident Case Take?
It depends on factors like injury severity, insurance negotiations, and whether the case goes to trial. Many resolve in several months; others may take longer.
Can I Still Recover Compensation if I Wasn’t Wearing a Helmet?
Yes. Alabama law doesn’t require helmets for adults. Lack of a helmet may be discussed by the defense, but it doesn’t automatically bar a claim.
What if the Driver Fled the Scene?
You may still be eligible for compensation through uninsured motorist coverage or other avenues. We investigate thoroughly to identify available options.
Do I Need to Use My Health Insurance?
Yes, initially. Your insurer may cover treatment up front. A successful injury claim may later reimburse those costs.
Will My Case Go to Court?
Not always. Many cases settle, but we prepare every claim as if it may go to trial to strengthen our negotiation position.
How Soon Should I Contact a Lawyer?
As soon as possible. Evidence can disappear quickly, and early legal guidance helps protect your rights.
What to Do After a Bicycle Accident in Birmingham
After a crash, your safety and health come first:
- Call 911 immediately and request medical attention.
- Document the scene with photos of your bike, the vehicle, road conditions, and visible injuries.
- Gather names and contact information from witnesses.
- Avoid discussing fault with anyone at the scene or with insurance adjusters before you speak with an attorney.
Local law enforcement may prepare a crash report, which we can help you obtain as part of your claim.
Call the Law Office of Dwayne L. Brown Today
If you were injured in a bicycle accident in Birmingham, call us. Our work has been recognized by Super Lawyers and Lawyers of Distinction. Our legal team helps victims pursue rightful compensation and focus on healing. Let’s talk about how we can help you move forward.
Call today for your free consultation.