Rear-end collisions can cause serious injuries because of the sudden and strong impact. The quick stop can lead to whiplash, where the head and neck move back and forth rapidly. People involved may also suffer injuries to the back, head, or limbs as a result of the strong forces involved. Thankfully, at-fault parties may be held accountable for the rear-end collisions they cause.
Typically, the trailing vehicle will be considered at fault for a rear-end collision in Alabama. However, this is not an absolute rule. There are multiple ways that a leading vehicle can contribute to such an accident. Fortunately, in the aftermath of your rear-end collision, our legal professionals can help investigate the crash and assign fault.
Seek support and guidance from our Alabama car accident lawyers by calling Howe Law today at (844) 876-4357.
Who is at-Fault for a Rear-End Collision in Alabama?
Any party whose negligence contributed to a rear-end collision may be deemed at fault for the accident at issue. For example, if a vehicle was struck from behind by motorist who was texting while driving, then the distracted motorist may be considered at fault.
In most cases involving rear-end collisions, the general presumption is that the trailing driver is primarily responsible. However, this presumption is not absolute. For instance, if a rear-end collision occurred because a leading driver stopped abruptly without reason, then the leading driver may be responsible for the crash. Further, a leading driver may be to blame for a rear-end crash if they were operating a vehicle with dead brake lights.
In certain cases, fault for a rear-end collision may be shared. Unfortunately, if you are partially responsible for your accident, then you will be restricted from bringing a claim against another driver. Alabama courts abide by the doctrine of “contributory negligence” when awarding damages in car accident cases. This means that if a party is found to have played even the slightest role in causing their collision, then they will be unable to file a car accident claim.
In many rear-end collision cases, defendants attempt to shift blame onto plaintiffs in order to avoid paying for the damages stemming from their accidents. Accordingly, support from our Alabama car accident lawyers can be invaluable when pursuing your rear-end collision claim. We can help gather evidence and establish fault on behalf of the other party. That way, you may obtain the full extent of compensation you are owed.
How Long Do You Have to File a Rear-End Collision Case in Alabama?
States’ statutes of limitations set forth time frames for filing specific types of cases. In Alabama, the deadline to file a car accident lawsuit is governed by Ala. Code § 6-2-38. Typically, you will have two years from the date of your rear-end collision to bring a case against the at-fault party. If you do not act in accordance with this time limit, then your potential lawsuit may be dismissed.
Furthermore, even though you may have up to two years to bring your rear-end collision case to court, you should begin working on your claim as quickly as possible. The evidence needed to support your lawsuit may become hard to preserve or gather as time goes on. For example, a piece of physical evidence may begin to deteriorate, or an eyewitness may forget a relevant detail. The sooner you begin building your claim, the more efficient the process of evidence collection will be.
Do You Need to Call 911 After a Rear-End Collision in Alabama?
You should call 911 as quickly as possible after a rear-end collision in Alabama.
Ala. Code § 32-10-5 requires individuals involved in accidents to report them to law enforcement if there are any resulting injuries or fatalities. Further, calling the police ensures an official record of the incident, facilitating the claims process and legal proceedings. Even in seemingly minor accidents, involving the police is crucial for accurately documenting the details, determining fault, and obtaining a formal accident report, which can be instrumental when pursuing insurance claims or legal action.
What Damages Can You Recover After a Rear-End Collision in Alabama?
There are multiple types of economic and non-economic damages that may be compensated through a rear-end collision lawsuit. After your free case review, our legal team can help determine which of the following may be sought:
Victims of rear-end collisions in Alabama may be eligible to recover compensation for their medical expenses. This includes costs associated with hospitalization, surgeries, doctor visits, prescription medications, rehabilitation, and any other necessary medical treatments resulting from injuries sustained in the accident. It is crucial to keep detailed records of medical bills and expenses to support the claim for reimbursement.
Those injured in a rear-end collision may pursue damages for lost income caused by the inability to work during their recovery. This encompasses wages or salary lost because of the accident-related injuries, as well as potential future income if the injuries result in long-term or permanent impairment. Providing documentation of employment status, income history, and any relevant employment records is essential when seeking compensation for lost income.
Recovery for property damage is another aspect of compensation available to victims of rear-end collisions. This includes the costs associated with repairing or replacing the damaged vehicle. Victims should retain repair estimates, invoices, and any other relevant documentation to substantiate their property damage claim.
In addition to medical expenses and property damage, individuals involved in a rear-end collision may be entitled to compensation for out-of-pocket expenses. This can encompass various costs, such as transportation to medical appointments, over-the-counter medications, home care, and other incident-related expenditures. Keeping detailed receipts and records is crucial when seeking reimbursement for out-of-pocket expenses.
Pain and Suffering
Lastly, Alabama allows for compensation related to physical pain and emotional suffering in rear-end collision claims. Pain and suffering damages are subjective and cover the physical and emotional distress experienced as a result of the accident and subsequent injuries. Documenting the impact of the injuries on daily life, mental well-being, and overall quality of life is important to support a claim for pain and suffering compensation.
Call Our Law Firm for Help with Your Rear-End Collision Case in Alabama
Get assistance from our Birmingham, AL car accident lawyers at Howe Law by dialing (844) 876-4357.