Car accidents happen every day. In 2020, a new car accident in Alabama happened every three minutes and 55 seconds. Car accidents can result in enormous medical expenses to recover from injuries, a hefty vehicle repair bill, and emotional distress from the experience.
A lawyer can fight for you in court and help you get the piece of mind you deserve after a car accident. Opposing parties will try to put the blame on you for an accident so that they do not have to compensate you. Make sure you have adequate legal representation when considering filing a car accident lawsuit.
Call our car accident lawyers at Howe Law at (844) 876-4357 for a free case review.
Common Causes of Car Accidents in Decatur, AL
Car accidents are caused for many reasons. The specific factors that led to your car accident can help our car accident lawyers figure out the best way to fight for you in court.
Negligence
In law, negligence means that somebody did something careless which resulted in injury to someone else. Negligence claims require you to prove that the defendant had a duty of care to the plaintiff and that the defendant failed to uphold that duty. In the context of a car accident, drivers have a duty to be safe around other drivers. For example, if a driver is constantly switching lands and hits your vehicle, they are not upholding their duty to be safe on the road.
A driver can be negligent by not following traffic laws. A prime example of this type of negligence is speeding. If a driver was going 35 miles an hour in a 25-mile-an-hour zone and hit you, they are presumed to have breached a legal duty simply because they broke the speed limit law.
Drunk driving, tailgating, and running red lights work similarly.
Auto Defects
A defective car is a dangerous car. The law often allows you to sue designers or manufacturers of vehicles if a defect causes your car accident.
Design defects are problems with the design of the vehicle. Even if the vehicle does not malfunction, the designer will still be liable because the design is inherently dangerous. For example, a car with a gas tank positioned in such a way that it combusts when hit has a design defect. It does not matter whether the gas tank works well as a gas tank; it is inherently not safe in this hypothetical car. If that defect causes an injury, the car company would be liable.
On the other hand, manufacturing defects occur when a vehicle is built incorrectly. Examples of manufacturing defects in cars include weak tires, faulty lighting, and improperly installed airbags.
Laws to Know When Preparing a Decatur, AL Car Accident Lawsuit
Some laws in Alabama are different from laws in the majority of states. If you are unaware of these laws when preparing your lawsuit, it could jeopardize your ability to succeed in court.
Contributory Negligence
Contributory negligence is a legal principle that makes plaintiffs who are partially responsible for their own injuries unable to recover. Only five states, including Alabama, use contributory negligence rules. In a contributory negligence state, if you are even remotely at fault, you will not win your case.
Insurance companies and other lawyers know about this rule and will try to prevent you from recovering damages. For example, things you say to them can be spun and interpreted to make it seem like you were partially responsible for the car accident.
To avoid this issue, your lawyer should be the one talking to insurance companies or opposing counsel. If you do need to speak with an adverse party, do not implicate yourself. Even an innocent statement like, “I could have been more careful,” or, “My bad,” could be considered an admission of partial fault and torpedo your case.
Statute of Limitations
The statute of limitations is a law that limits how you have to file a lawsuit. You have two years to file a personal injury lawsuit, such as a car accident injury suit, in Alabama. After that time is up, your case will be thrown out.
Statutes of limitation exist to make sure that the facts of the case are fresh in the minds of those involved, and they let people move on with their lives without the shadow of a lawsuit from the distant past following them everywhere.
There are some exceptions to this rule. For one, claims against local entities, like a city or town, must be filed within six months of the accident. Additionally, if you were under 18 years old when the accident happened to you, Alabama law does not start the statutory period until your 19th birthday.
What to Do After a Car Accident in Decatur, AL
There are steps you should take right away after a car accident. Following these helpful tips can give you the best chance of succeeding in court later down the line.
Get Medical Attention
Your first priority should be to see a medical professional. Stay at the scene of the accident so that first responders can tend to any injuries you might have.
Even if you do not think you are injured, you should still go see a doctor. Some injuries take time to manifest themselves, and the excitement and adrenaline from a car accident can mask more serious injuries. Moreover, failure to get medical help might hurt your case.
Document the Accident
Get detailed information about the accident. Take many pictures and video recordings. Interview witnesses if possible. It might be wise to write down notes about the accident while they are fresh in your mind.
You should also file a police report after the accident. While it cannot typically be used as evidence, it will help your lawyers collect evidence and build your case.
Obtain Information from Any Other Drivers
Get the insurance information and contact information for any other drivers involved in the crash. In addition to potentially suing them, you may also have to speak with or file a claim with their insurance company.
If the drivers do not have insurance, you will need to consult your uninsured motorist policy for potential coverage. You might also recover damages in a lawsuit against the driver.
Talk to Our Decatur, AL Lawyers Today for Free
Call the car accident Lawyers at Howe Law at (844) 876-4357 for a free discussion.
