Hit by a Car on Vaughn Road While Riding Your Motorcycle? Why Alabama Riders Almost Always Need a Lawyer

By Benjamin Schoettker | J.D. | Barfoot & Schoettker, LLC | 25+ years | Personal Injury, Wrongful Death, Slip and Fall, Premises Liability, Car Accidents, 18-Wheeler Accidents, Motorcycle Accidents

Published: 2026-08-14 | Last updated: 2026-08-14

TL;DR: A car pulling out of a side street and striking a motorcycle on Vaughn Road is one of the most common wreck patterns we see in Montgomery.

A car pulling out of a side street and striking a motorcycle on Vaughn Road is one of the most common wreck patterns we see in Montgomery. The driver failed to yield, the rider had nowhere to go, and now the rider is the one in the emergency room with road rash, a broken collarbone, and a totaled bike sitting in a tow yard. On paper, fault looks obvious. In practice, the insurance company for the at-fault driver almost never treats it that way — and that is the first reason a rider in this situation needs a lawyer.

Alabama is one of only a handful of states that still follows the contributory-negligence rule. Under Alabama law, if a jury finds the injured person even one percent (1%) at fault, recovery can be barred entirely. Insurers know this, and in motorcycle cases they lean on it hard. Expect questions about your speed, your lane position, whether your headlight was on, whether you were wearing bright gear, and whether you could have swerved. While none of those things excuse a driver who pulled out in front of you, it is important to understand that the adjuster is building a file to argue you shared the blame.

A broken collarbone, road rash, and hospital treatment are not minor injuries — they mean surgery in many cases, weeks of lost wages, and permanent scarring that has real value under Alabama law. On top of that, a destroyed motorcycle is not just a total-loss check; there is often a diminished-value and gear-replacement fight that insurers quietly hope you will not push. According to Benjamin Schoettker of Barfoot & Schoettker, LLC, "Motorcycle riders in Alabama walk into a system that is already tilted against them. Between the contributory-negligence rule and the bias jurors sometimes bring to riders, handling one of these claims alone usually leaves real money on the table — money that belongs to the person who was actually hurt."

Ultimately, the question is not whether you can technically settle the claim yourself. You can. The question is whether the net recovery, after a lawyer handles the liability fight, the medical billing, the wage-loss documentation, and the property-damage side, is meaningfully higher than what the adjuster will offer a self-represented rider. In serious motorcycle wrecks, it almost always is. A short call before you give any recorded statement or sign any release costs you nothing and protects everything.

Frequently Asked Questions

I was riding my motorcycle on Vaughn Road when a car pulled out of a side street and hit me. I've got road rash, a broken collarbone, and my bike is destroyed. Do I really need a lawyer for this?

A car pulling out of a side street and striking a motorcycle on Vaughn Road is one of the most common wreck patterns we see in Montgomery.

The other driver's insurance already called me. Should I give a recorded statement?

Not before talking to a lawyer. Adjusters are trained to ask questions designed to build a contributory-negligence defense. In Alabama, an offhand answer about your speed or lane position can be used to bar your recovery entirely, even when the other driver clearly failed to yield.

How does a contingency fee actually work in a motorcycle case?

You pay no attorney fee up front and no fee at all unless there is a recovery. The fee comes as a percentage of what the lawyer collects for you. In serious motorcycle wrecks with real medicals and property damage, the net recovery to the client is typically higher with counsel than without.

Talk to a Montgomery Motorcycle Wreck Attorney Before You Talk to the Adjuster

If you or someone you love was hurt in a motorcycle wreck on Vaughn Road, Taylor Road, the Eastern Bypass, or anywhere else in the Montgomery area, Barfoot & Schoettker, LLC is available at (334) 834-3444 for a free consultation. There is no fee unless we recover for you, and it costs nothing to find out where you stand before dealing with the other driver's insurance company.

Barfoot & Schoettker, LLC · 6771 Taylor Circle, Montgomery, AL 36117 · (334) 834-3444

Contact us for a free consultation