How Alabama’s “Sudden Emergency Doctrine” Affects Motorcycle Accident Liability

Riding a motorcycle comes with more than a few risks. For example, other drivers are often less than observant, and storms and fog make it dangerous to ride. Motorcyclists are usually pretty aware of these risks, but the last thing you expect is for another driver to claim they “had no choice” but to hit you.

In Alabama, that’s exactly what the sudden emergency doctrine does. This legal defense can shift liability in a motorcycle accident case.

What is the sudden emergency doctrine, and how does it affect motorcycle accident claims in Alabama?

What is Alabama’s sudden emergency doctrine?

The sudden emergency principle is a defense strategy that lets a driver off the hook if they can prove they were reacting to an unforeseen, unavoidable situation. Essentially, if a driver encounters an emergency not of their own making and responds in a reasonable way, even if it results in a crash, they might not be held liable for the accident.

Let’s say a car swerves to avoid a deer and collides with a motorcyclist. The driver could claim they had no other option, even if the other driver’s actions were really more about them not paying attention than because the deer was present. If the court agrees, the motorcyclist could have a harder time recovering damages.

How many motorcycle accidents does Alabama see on average?

The sudden emergency doctrine was originally designed as a commonsense approach to the question of fault in accidents. However, the state is second in the nation in the percentage of roadway accidents, and that doctrine helps many drivers shrug off the blame for accidents they likely caused (or at least contributed significantly to). But how many motorcycle accidents occur in Alabama annually?

According to Drive Safe Alabama’s 2023 Crash Facts (the most recent year published):

• 92 fatalities occurred in accidents involving motorcycles or mopeds.
• Over 1,600 motorcycles/mopeds were involved in accidents.
• Almost 1,200 people were injured in motorcycle/moped accidents.

As you can see, there’s no shortage of motorcycle accidents in the state. The sudden emergency doctrine could come into play in any of those, infringing on your rights and eliminating your hopes for repairing the damage to your motorcycle or paying for medical treatment for injuries.

How at-fault drivers use this strategy to avoid responsibility

Insurance companies and at-fault drivers often try to use the sudden emergency doctrine to shift blame away from themselves. For insurers, it means not having to pay the injured person. For at-fault drivers, it means one less blemish on their report and that their insurance costs won’t go up.

At-fault drivers and insurance companies may claim that:

• A pedestrian suddenly stepped into the road, forcing them to swerve.
• Another car stopped unexpectedly, leaving them no room to brake.
• Bad weather conditions made it impossible to avoid a crash.

The problem? Not every “emergency” is truly unavoidable. If the driver wasn’t paying attention, speeding, or following too closely, they don’t get to use this defense.

What this might mean for motorcycle accident claims

While the sudden emergency defense can be used by any Alabama driver, motorcyclists are especially at risk here. That’s because crashes often involve sudden stops and swerves, usually because the driver wasn’t paying close attention to the road. If a driver claims they had no choice but to swerve or brake abruptly, they may try to say the accident wasn’t their fault, even if their negligence created the dangerous situation in the first place.

Alabama’s contributory negligence rule makes this even more concerning. Unlike most states, Alabama follows a strict contributory negligence standard, meaning if you’re at fault for an accident, you could be barred from recovering compensation. This makes fighting a sudden emergency defense even more important.

How can motorcycle riders defend themselves?

If you’re involved in a motorcycle accident and the other driver claims a sudden emergency, you’ll need strong evidence to challenge their defense.

Here are a few things you can do:

• Prove the driver caused the emergency. If the driver was distracted, speeding, or reckless before the crash, their actions may have led to the so-called emergency.
• Question whether the situation was truly unavoidable. Even with the sudden emergency doctrine, drivers must behave as a reasonably prudent person under the same circumstances. Could the driver have taken another action, like slowing down or changing lanes sooner?
• Use expert testimony. Accident reconstruction experts can analyze the crash and determine if the driver’s reaction was reasonable.
• Gather witness statements. Bystanders and other drivers may have seen what really happened and can dispute the sudden emergency claim.

What to do if you’re injured in a motorcycle accident

If you’re hurt in a motorcycle crash, don’t let an at-fault driver use the sudden emergency doctrine as an excuse. Take these steps to protect yourself:

• Call 911 and get medical help.Even if you feel okay, some injuries take time to appear. Never assume that just because you don’t “feel hurt” that you’re not injured. Whiplash is a good example of an injury that can take hours or even days to feel.
• Gather evidence. Take photos of the accident scene, your bike, and any injuries. Use your smartphone to take as many photos as possible and pay close attention to things like the weather, road conditions, and passersby.
• Get witness information. Statements from bystanders can help flesh out your case and provide important insight into who was doing what when the accident occurred, defeating the other driver’s unavoidable emergency defense.
• Avoid discussing fault. Anything you say to the other driver or insurance company could be used against you. Limit your communication to the essentials – checking that they’re okay, contact information, and insurance information.
• Contact a motorcycle accident lawyer. An experienced attorney can build a strong case and counter the sudden emergency defense so that your rights are protected.

Work with an experienced motorcycle accident lawyer

Alabama’s sudden emergency doctrine can complicate motorcycle accident claims, but it doesn’t mean you have no options. If you were injured because of someone else’s negligence, a skilled motorcycle accident lawyer can fight for your rights under the law.

At Martin & Helms, we know how to challenge unfair defenses and hold negligent drivers accountable. If you’ve been in a motorcycle accident, contact us today for a free consultation.