Car accidents are an unfortunate part of reality in Alabama. Every year, thousands are injured on Alabama roads it might not know that they can recover compensation for their injuries.
Fortunately, an Alabama car accident lawyer can help you with the recovery process. A car accident can occur in many ways, but recovering compensation can be challenging if you are unfamiliar with Alabama’s insurance law. Car accident cases can be more complex than people think, and Alabama’s comparative fault rules can significantly impact the outcome of a victim’s compensation. However, filing a lawsuit is often the best way to recover the full range of damages a victim is entitled to.
If you have been the victim of another driver’s negligence, our Alabama car accident lawyers will fight to recover compensation for your injuries. For a free case assessment, call Howe Law at (844) 876-4357.
Common Causes of Car Accidents in Alabama
Negligent drivers can cause car accidents in numerous ways. While some car accidents are minor, others can be incredibly devastating. The following are common causes of car accidents in Alabama:
- Distracted driving
- Driving while texting
- Running red lights and stop signs
- Reckless driving
- Improper change of lanes
- Unsafe road conditions
- Dangerous weather conditions
- Defective car parts
Your car accident injuries could be caused in other ways, of course. No matter how your car accident occurred, our Alabama car accident lawyers can help you hold the responsible parties accountable.
Recovering Compensation After an Alabama Car Accident
Alabama has a fault insurance system, meaning drivers found at fault for a car accident can be held accountable for the economic damages that a victim sustains, like medical bills, lost wages, and other out-of-pocket expenses. After an accident, car accident victims can file a claim against the negligent driver’s liability insurance to recover compensation. However, car accident victims in Alabama must prove that the other driver was at fault for causing the accident to recover damages. You can also file a claim with your insurance provider for benefits under Alabama’s fault system.
One of the benefits of a fault system is that car accident victims will not be prevented from filing a lawsuit, unlike many victims in at-fault states. Suppose a negligent driver’s insurance company denied your claim or offered you a settlement amount below what is needed to cover your injuries. In that case, you can file a lawsuit against the other driver. This is generally preferable to filing for insurance because you can recover more than just economic damages in a successful lawsuit. In a car accident lawsuit, a victim can pursue non-economic damages. This includes physical pain from your injuries, emotional distress from living with your injuries, and other subjective experiences you have endured because of your injuries. Our Alabama car accident lawyers can help you file your lawsuit if your insurance options are insufficient to make you whole.
Elements to Prove in an Alabama Car Accident Lawsuit
You must prove certain elements if you determine that filing a lawsuit is right for your car accident case. To prove a car accident lawsuit, you must submit evidence that the defendant owed you a duty of care and breached that duty of care when they injured you. You must also show that the driver’s breach of duty caused your injuries, resulting in financial damages.
Different legal strategies will be developed and used depending on the facts of the case. Our Alabama car accident lawyers can help you obtain the evidence you need to prove that the other driver was responsible for your injuries.
Determining Fault in an Alabama Car Accident Lawsuit
It is important to understand how fault is determined in a car accident lawsuit, as Alabama’s pure comparative negligence rule can significantly impact your chances of recovering compensation. Under Alabama’s pure comparative negligence rule, a car accident victim will not be awarded compensation if they were found even one percent at fault for causing the accident.
This rule can seriously affect a car accident victim’s life. Insurance companies often rely on this rule because of the protection it affords. Insurance companies know that if you are found to have contributed in just the slightest to causing your car accident, you will be barred from recovering a single penny, regardless of whether you incurred thousands of dollars in medical expenses, lost wages from missed time at work, or are completely unemployed as a result. Our Alabama car accident lawyers can help you if you believe you might have contributed to causing your accident and address the issue head-on.
Statute of Limitations to File a Car Accident Lawsuit in Alabama
The time limit to file a car accident lawsuit in Alabama is established under the statutes of limitations. According to Ala. Code § 6-2-38, car accident victims have two years to file a lawsuit from the date of the accident. The statute of limitations is very strict. Unless you qualify for one of the rare exceptions, the court will dismiss your case if you do not file in time, and you will be prevented from legally pursuing compensation.
One exception is for children under the age of 19 that are injured in a car accident. According to Ala. Code § 6-2-8, if a car accident victim is under 19 when they sustain their injuries, the statute of limitations will not start running until the child turns 19. After their 19th birthday, the victim will have two years to file a lawsuit for damages.
Another exception applies when a negligent driver is absent from the state at any time after the accident. Under Ala. Code § 6-2-10, the time that the other person was out of the state should not count against the statute of limitations. Our Alabama car accident lawyers can help you identify the deadline to file your lawsuit or if any exceptions apply so your case can be properly filed.
Our Alabama Car Accident Lawyers Can Help
If a negligent driver has injured you or a loved one, our Alabama car accident lawyers can help you hold them accountable for the damages they caused. Contact Howe Law today at (844) 876-4357 for a free case consultation.