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Does Saying “I Never Saw the Motorcycle” Get a Driver Off the Hook in Alabama?

September 9, 2026/in Latest News, Motorcycle Accidents, Studio 10

No. Under Alabama law, not seeing a motorcycle before a crash doesn’t excuse a driver from responsibility for it. If a driver causes damage, they can be held liable for it, whether or not they noticed the motorcycle beforehand. David Greene covered this on FOX10’s Studio 10, breaking down why “I didn’t see them” doesn’t hold up as a defense and what that means for a motorcyclist’s claim.

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"I Never Saw Them" Isn’t a Defense in Alabama | FOX10 Studio 10

David Greene explains why a driver’s claim that they didn’t see a motorcycle doesn’t excuse them from liability, and what a rider can recover after a crash.

Does Saying “I Never Saw the Motorcycle” Get a Driver Off the Hook?

Absolutely not. If you strike someone and cause damage, Alabama law can hold you responsible for it, regardless of whether you saw them coming. A driver’s failure to notice a motorcycle isn’t a defense to liability. It’s often evidence of exactly the kind of inattention that caused the wreck in the first place.

What Can a Motorcyclist Recover After a Crash Like This?

If Greene & Phillips represents the motorcyclist, that rider has a claim against the driver who hit them. If the driver was working at the time, on a delivery run or driving a company vehicle, the claim can extend to the employer as well. David Greene points to this as one reason a motorcyclist shouldn’t assume they’re stuck with whatever an insurance adjuster offers first. There may be more than one party who owes for the damage.

How Does Greene & Phillips Investigate a Motorcycle Crash?

The firm puts together its own investigation rather than relying only on the police report. That includes scene photographs, available video, and a look at the physical evidence left behind by the crash itself. Cell phone carrier data can sometimes show whether the other driver was on the phone at the moment of impact, which matters given how often distracted driving shows up in these cases. Building that record independently, rather than taking the initial accident report at face value, is part of why an attorney’s early involvement can change how a case gets evaluated.

Why Do People Assume the Motorcyclist Was at Fault?

It happens more than it should. David Greene says he regularly hears drivers describe a motorcyclist as having “whipped” in front of them or made some sudden move, when the actual cause was the driver’s own inattention. A phone glance on Airport Boulevard or Cottage Hill Road takes a second, and a motorcycle closes distance fast enough that a second is often all it takes. The assumption that the rider did something wrong doesn’t match what the evidence in these cases usually shows.

Does the Severity of the Injury Affect the Case?

Yes. Motorcycle crashes tend to produce more serious injuries than crashes involving two enclosed vehicles, and that reality shapes how a case gets built. A more serious injury means more medical records, more documentation of how the injury affects daily life, and often a longer road before the full extent of the damage is even known. Putting together a full picture of the crash scene and the injury together is part of building a claim against whichever driver, company, or insurer bears responsibility.

How Do I Reach Greene & Phillips After a Motorcycle Accident?

Call 251-478-1115 in Mobile or 205-918-7800 in Birmingham, or visit our contact page. No appointment is needed for a free case evaluation, and Greene & Phillips works on contingency, so there’s no fee unless the firm recovers for you.

Tags: David Greene, Joe Emer, Legal Matters, Motorcycle Accidents, Studio 10
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