Car accidents are a common cause of severe injuries in Birmingham. Victims of a car accident could end up with costly medical bills and other damages that a negligent driver should be responsible for.
This is where a skilled Birmingham car accident lawyer can be helpful. Car accident cases can be complex since there are numerous ways a negligent driver can cause a car accident. However, you have a few legal options available to recover compensation. While insurance could provide the benefits you need, a lawsuit will be the best option to recover the full range of damages you could be entitled to.
Our Birmingham car accident lawyers are dedicated to helping victims injured in a car accident recover the compensation they deserve. For a free case review, contact Howe Law today at (844) 876-4357.
How Car Accidents Occur in Birmingham, AL
Car accidents occur in several different ways. Some car accidents are relatively minor, causing slight injuries to the drivers involved. Other car accidents can cause serious injuries that could require long-term care. The following are some of the most common causes of car accidents in Birmingham:
- Excessive speed
- Distracted driving
- Texting while driving
- Fatigued driving
- Failure to obey traffic lights and signs
- Driving under the influence of alcohol or drugs
- Reckless driving
- Failure to yield the right of way
- Improper lane change
- Debris on the road
- Poor road maintenance
- Defective car parts
- Dangerous weather conditions
- Defective car parts
If you have been the victim of a car accident, you deserve to be compensated by the negligent driver that injured you. Our Birmingham car accident lawyers can help you get the justice you deserve regardless of how your car accident occurred.
Legal Options After Suffering Injuries in a Birmingham, AL Car Accident
Victims of a car accident have a few paths to recover compensation in Birmingham. In some cases, filing an insurance claim might be adequate to compensate you fully. In many cases, though, car accident victims must file a lawsuit to recover compensation for their injuries. Either way, our Birmingham car accident lawyers can help you determine what the best options are in your case.
At-Fault Insurance Claims
Alabama is an at-fault state for the purposes of filing car insurance claims. Victims can file a claim for damages after a car accident against an at-fault driver’s insurance policy. However, the victim filing a claim must provide evidence showing that the insurance company’s policyholder caused the accident.
Typically, a car accident victim can recover their economic damages through an insurance claim, but that is all. This includes medical bills, lost wages from missed time at work, property damages to repair or replace your car, and other out-of-pocket expenses. However, you could have other damages affecting your life that you can only recover in a car accident lawsuit.
Personal Injury Lawsuits
Fortunately, victims can file a lawsuit under Alabama’s at-fault system against negligent drivers to recover compensation that insurance does not provide. Many car accident victims suffer non-economic damages that are more subjective in nature. For instance, your injuries might cause you to lose sleep at night, affecting many aspects of your life throughout your day. Or, you could still suffer post-traumatic stress disorder from your accident. Damages for pain and emotional suffering, loss of enjoyment in life, and other non-economic damages could be awarded in a successful lawsuit.
Filing a lawsuit will be your only legal route to compensation if an insurance company denies your claim or makes an unfair settlement offer. Our Birmingham car accident lawyers can help you prepare your lawsuit if an insurance company fails to provide the compensation you are owed.
Evidence Used to Prove Liability in a Birmingham, AL Car Accident Lawsuit
Car accidents can be chaotic events, making them challenging cases to prove. Car accident lawsuits involving multiple drivers or commercial vehicles usually add extra levels of complexity that can be difficult to navigate if you are unsure what evidence is needed. The following are common types of evidence used to prove a car accident case in Birmingham:
- Police crash reports
- EMS records
- Accident reports
- Medical records
- Photographs of the scene and the victim’s injuries
- Physical evidence from the scene
- Red-light camera footage
- Security camera footage
- Driver dash-cam footage
- Smartphone footage
- Doorbell camera footage
- Property damages estimates
- Employer and employee records
- Eyewitness testimony
- Expert witness testimony
There could be other types of relevant evidence depending on the circumstances of your accident. Our experienced Birmingham car accident lawyers can help you obtain the evidence you need from various sources to prove your case.
How Fault is Determined in Birmingham, AL Car Accident Lawsuits
Car accidents are often complicated incidents. Insurance adjusters and defense attorneys will typically argue that even if their client was at-fault for the accident, you partially contributed to causing your injuries. This can present a significant barrier to victims attempting to recover compensation.
Alabama is one of the few states that follows a pure comparative negligence rule, meaning that a victim will not be able to recover any compensation if the court finds them just one percent at fault for causing a car accident. This can be a difficult hurdle to overcome. Our Birmingham car accident lawyers can help you fight any accusations that you contributed to causing the accident in which you were injured.
Time Limit to File a Car Accident Lawsuit in Birmingham, AL
The statute of limitations is the legal term for the time limit to file a car accident lawsuit in Alabama. Ala. Code § 6-2-38 provides two years from the date of the accident for car accident victims to file their lawsuit in Birmingham. It is incredibly important to file your lawsuit within two years, as few exceptions exist. In most cases, your lawsuit will be dismissed if it is not filed in time. Our Birmingham car accident lawyers can help you prepare your lawsuit so that it is filed before the deadline.
Our Birmingham, AL Car Accident Lawyers Can Help
If you have been injured in a car accident caused by another driver’s negligence, our Birmingham car accident lawyers can help you hold them accountable. Call Howe Law at (844) 876-4357 or 205-809-3763 for a free case assessment.