Your commute began the same way it did numerous times in the past. You were headed home from school, to work, taking the same highway or road you've been to before. There was nothing to indicate issues and traffic was going predictably. You could have been planning the rest of the day and then suddenly you found yourself in a car crash.
You suddenly are confronted with numerous concerns, for example:
- Who is accountable to me for injuries?
- Can I ever recover from this?
- Should I contact an auto accident lawyer who is from Birmingham, AL?
- Do I have a case of a car accident?
The next thing you'll recall is dealing with authorities or getting transported to a hospital. In the event of an accident and the severity of the collision, you may not remember being involved in an accident. However, one thing is certain: you suffered serious injuries, and possibly life-threatening wounds as a result of the actions of someone else.
If you or someone close to you has recently been involved in an auto accident, you could have reasons to file a lawsuit. You'll have to locate an attorney who can successfully defend your case. Guster Law Firm, LLC will be able to assist. Guster Law Firm, LLC is here to help. Birmingham automobile accident attorneys have more than twenty years of speedy fighting for victims of accidents in Alabama.
Car Accident Cases in Alabama Are Based on Negligence
You've likely heard the term "negligent" at one point or another, on TV as well as on the radio, about legal matters. In the context of personal injury cases, it is when an individual fails to follow an essential standard to care during a certain circumstance. This could happen in many ways in all kinds of circumstances.
A doctor, for instance, could be held accountable if they supply the patient with the wrong medicine. A business can be held accountable when they release dangerous products in the marketplace.
In the event of car collisions, the party at fault is considered to be negligent when they engage in one of the following actions:
- Drunk driving
- Distracted driving
- Accident involving hit and run
- Texting while driving
- Driving recklessly or speeding
- Failure to follow the fundamental road rules
Is Alabama a No-Fault State?
No. Alabama is a state based on fault for car accidents. This means that the party who caused the incident may be held accountable for the losses the victim suffered. To get remuneration, it has to first be proven to the extent that the motorist was indecent and caused the crash. If this is proven the insurance company of the driver will typically pay for all of the losses.
A fault-based system of state operates almost exactly in the opposite direction to a state that is no-fault. In these states, every driver's insurance provider will be responsible for all damages regardless of who was responsible for the accident. Due to this, it's more difficult to submit a personal injury claim in a state that is no fault. In Alabama, this possibility is available for victims of injury.
What Is Contributory Negligence?
Claims may require many forms of documentation and typically involve dealing with an insurance company. It's a good idea to consult an attorney who is specialized in law for automobile accidents before dealing with the insurance firm. A knowledgeable lawyer can guide you through the process and ensure your rights are secured in dealing with insurance representatives.
If you've been wounded or your car has been damaged and you intend to file an action in civil court against the driver who caused the accident and/or the other driver, it is important to know that Alabama is a "contributory negligence" state. In Alabama when you're at all responsible or accountable for an accident, you can't claim damages for the incident.
That means that if you are texting while looking at your vehicle for just a few seconds before colliding with another vehicle, you are not able to claim damages from the driver as you're at least partially responsible. Even if the driver is drunk and driving and causing a collision, you are not entitled to damages since you were a part of the collision.
The majority of states within the U.S. have a "comparative fault" law that allows you to be awarded damages according to the amount of the collision that the other person is responsible for. However, in Alabama, it is extremely crucial to prove that you were not accountable for the accident to be eligible for compensation.
What Kind of Damages Could I Collect After a Car Accident?
Unfortunately, until we understand the nature of the accident you've had to endure as well as the amount of negligence, and the extent of your injuries, it's impossible to determine accurately the amount your case could be worth. The kinds of damages that you could be able to recover can range from non-economic to financial.
Economic Damages
Economic damages refer to specific costs that occurred immediately following your accident, including medical bills and hospital expenses.
Non-Economic Damages
Non-economic damages refer to the invisible or unaddressed expenses of a trauma-involved accident like suffering and pain.
Car accident cases can be complicated. Do not handle the insurance companies or the courts on your own. Make sure you have an expert Birmingham car accident lawyer for your assistance. For more information on personal injury claims in auto accidents, call an attorney who handles car wrecks located in Birmingham, AL at Guster Law Firm.
What Is the Statute of Limitations for Car Accident Claims in Birmingham, AL?
If you've been injured by an Alabama car crash There may be compensation for your losses, however, you must act fast. If you are waiting too long for a claim to be filed you could lose your chance to receive financial assistance for the losses and injuries you sustained. The time frame you are required to make a claim is referred to in law as the statute of limitation.
Even the most simple case may be thrown out of court when the statute of limitation has expired. In Alabama, there are different statutes of limitations that apply to various types of cases. For instance, there's a two-year limitation period for professional malpractice cases and a limit of six years for injuries sustained by employees who are contracted. For Alabama automobile accidents, there is an extension of two years for the statute of limitations.
That means you have a period of two years for filing an accident claim. The clock starts to tick from the date of the accident or the day you first became aware of the injury. So, you could be able to claim for more time than 2 years, even if you only discovered the injuries you sustained a few days after the accident.
This can, for instance, occur in instances of whiplash that go unnoticed. If the victim suffers effects from the accident and is later given a correct diagnosis, it could seem possible that the lawful clock should start at the time of diagnosis, not the date of the accident.
What Are Common Types of Car Accidents?
Car accidents may be caused by a variety of reasons, like poor weather or road construction. However, the majority of auto accidents are the result of human mistakes.
The most frequent types of car accidents are:
- Accidents caused by distracted driving texting while driving, and allowing other distractions when driving is among the most deadly and frequent types of crash in the U.S.
- DUI-related accidents driving intoxicated or drunk are among the most hazardous actions a driver can commit.
- Hit and run If a motorist creates an accident and leaves the scene before exchanging information or providing assistance to other parties and causing the accident, they could face civil as well as criminal charges.
- Accidents at intersections Intersections are considered to be one of the most frequent accidents that happen in cars. Be sure to follow the traffic rules and signs posted on roads and go through intersections with care.
- Rear-end crashes The distraction of driving and tailgating are among the major causes of rear-end accidents. Keep a large distance from cars driving.
- Speeding-related accidents The act of driving over the speed limit will increase the time needed for the vehicle to come to an abrupt stop, as well as the severity of the damage if there is an accident.
- SUV crashes The SUVs are big and heavy, and they tend to overturn, which is a risk that can cause horrific injuries.
- Rideshare crashes Rideshare companies such as Uber or Lyft continue to increase as do the number of accidents involving hiring a car.
- Uninsured (or underinsured) motorists cause crashes too many drivers around without insurance. Having a car accident lawyer who is located in Birmingham, AL on your side after a collision will help you obtain damages from other sources.
What Are the Most Common Car Accident Injuries?
The injuries that are a result of collisions with cars can range from minor aches and discomforts to disfigurement or severe disability. You must seek out medical treatment after an accident, even if there is no feeling hurt or notice of any visible injuries because internal injuries can be difficult to recognize on your own. This is especially true when adrenaline is flowing following a crash.
The most commonly-injured auto accident injuries are:
- Broken bones
- Knee injury
- Trauma to the head
- Traumatic brain injuries to the brain
- Injury to the spinal cord
- Neck injuries
- Internal injuries
What to Do and Not to Do After a Birmingham Car Accident
Imagine a typical day. You're driving on I-20 or I-65 going home after your work. You suddenly get struck by a vehicle. Every day, you are hit by another car throughout the Birmingham region. T-bones, fender benders, and rear-end collisions can cause delays in traffic and cause injuries to people.
Following any car crash After car accident, you must get in touch with a professional lawyer for car wrecks located in Birmingham, AL. Our firm will assist you in dealing with attorneys and insurance companies to defend your legal rights to compensation. Before you contact us to file a claim, there are some things you must stay clear about doing. Here are some examples of each.
Things To Do After A Car Accident:
- Dial 911 to notify the police about the incident. Getting an ambulance and police to you as fast as you can is crucial.
- If you can stop towards the curb or on the side of the roadway. Make sure you turn on your hazard light. Making sure you are out of the way will help prevent other vehicles from striking you, and making the scene of the accident worse.
- Get information from anyone else involved in the collision. Find the insurance of the other driver and contact details. Find out information from witnesses as well.
- Be on the lookout for the accident. Even if the driver behind you attempts to run and hit avoid following them. This is dangerous and could cause more harm. The police should be able to locate them.
- If you're able to capture photos of the car's damages and the complete scene of the crash.
Things To NOT Do After A Car Accident:
- Don't panic. You've probably been victimized in an incident. They happen to people every day. It is important to be at peace to navigate the scenario.
- Do not get out of the car if you're injured. Seek medical attention.
- Don't acknowledge the incident is your fault. Keep talking to the other driver as well as their representatives at a minimum. Your attorney should take over the conversation.
- Do not leave the scene without exchanging information with the driver who is driving you.
- DO NOT speak with lawyers or insurance companies who represent the driver involved in the accident
Don't hesitate to seek assistance. Call us at Birmingham attorney for car accidents now to set up a no-cost initial consultation.
Contact our Birmingham lawyers for car accidents immediately by calling (205) 581-9777. We offer free consultations.
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