fbpx

Talk to an Expert Car Accident Lawyer – Secure Your Rights Now!

Looking for a car accident lawyer in Huntsville?  Here at Garnett Patterson Injury Lawyers we can help!
Robert Holladay
Robert Holladay
2024-03-09
Took a diminished value case where most others in town wouldnt. Got me exactly what I wanted. Would def use them again.
Lilykate Vanderbilt
Lilykate Vanderbilt
2024-02-15
Hunter Garnett and his team worked hard to settle our diminished value case on our car. We were extremely satisfied with the results and their fee was extremely reasonable.
William Adams
William Adams
2024-02-13
We want to thank Mr. Garnett and his firm for going above and beyond with our case. Mr. Garnett won our case and we highly recommend anyone that needs legal help to give him a call!
Soraya Alexandre
Soraya Alexandre
2024-02-13
Thank you they take care everything for me they are very good
Brett Katz
Brett Katz
2024-01-07
I was introduced to Hunter Garnett by a co-worker in reference to an ongoing class action lawsuit. Hunter carefully walked me through the claims process and ensured that my information was appropriately submitted. Hunter’s attention to detail and diligence with requesting the appropriate information from me ensured the successful addition to the class action. I will utilize Hunter again if requires legal assistance. True professional.
Zach Anderson
Zach Anderson
2024-01-03
Hunter Garnett is one of Huntsville‘s best trial lawyers. Time and time again, he helps my clients when they need it the most. If you have sustained an injury – even if you’re not sure if you have a case – call him.
Corey Brown
Corey Brown
2024-01-01
prompt responses, excellent insight and knowledge in all aspects of my case. I would highly recommend!
Osvaldo Briceno
Osvaldo Briceno
2023-12-29
Excellent service. Very professional and answers any questions in a timely manner.

Huntsville Car Accident Lawyer

If you have been in one of the many car accidents that happened in Huntsville this month or earlier this year, you probably have several questions that can only be answered by an experienced car accident lawyer. 

Maybe this is the first time you have ever considered hiring an accident lawyer. You have driven past the billboards that cover Alabama. You have seen the television commercials, too. The last thing you want to do is hire a greedy ambulance chaser. But you have been involved in an accident and you have questions.

Huntsville Car Accident Lawyer

Handling an insurance claim after a car accident can be a burden. You probably have questions like: 

  1. What should I do after a car accident? 
  2. Do I need to hire a car accident lawyer if the accident was not my fault? 
  3. Is my case worth hiring an accident lawyer?
  4. Should I talk to the insurance company after my car accident? 
  5. How much is my case worth? 
  6. How do I choose the best lawyer for my car accident? 
  7. How long will it take to settle my insurance claim? 
  8. Will my case go to court? 
  9. What is the deadline to go to court for a car accident claim? 
  10. Who pays my hospital bills or other medical expenses after a car accident? 
  11. How much should I get for my pain and suffering? 
  12. How do I make a claim for lost income? 

These are just a few of the questions that our clients have after a car accident. Our goal is to provide answers to the public and help as many people as possible. However, it is still wise to consult with an auto accident lawyer. Most of the best car accident lawyers offer free consultations. 

Reasons To Hire Garnett Patterson Injury Lawyers

When someone causes an accident that injures you, you have the right to compensation for your injuries. For most serious injuries, you will not be fully compensated without hiring or at least consulting with a Huntsville car accident lawyer.

Car accident cases include:

Auto Accident Attorney in Huntsville

What should I do after I have been in a car accident?

Being involved in a car accident can be a traumatic experience. Most people remember their first car accident. Even being involved in a minor car accident is a horrible feeling. A car accident with significant injuries or property damage is especially stressful. If you have been involved in a car accident, and you are concerned about medical bills, lost wages, or other issues, do not face these issues alone. Talking to a Huntsville car accident lawyer can help remove some of the stress that you are currently facing.

Do I need a lawyer when the car accident was clearly not my fault?

If you have been in a car accident that was not your fault, you may wonder whether you need a car accident lawyer. The simple answer is probably so.

Depending on the insurance companies involved, the claim may be denied for no good reason. Even if the insurance company accepts responsibility, it is unlikely that the full value will be paid without a car accident lawyer being involved.

Insurance companies are some of the most profitable companies in the world. In 2021, twenty-six insurance companies were included on the Fortune 500 list.

What are some common types of car accidents?
  •   Rear end collisions
  •   Side impact collisions
  •   Head-on collisions
  •   Intersection collisions

Rear end collisions are certainly the most common type of car accident. Rear end accidents commonly occur at the end of workdays when drivers are fatigued or easily distracted. Rear end accidents often involve teenage drivers who are distracted by their cell phones or other electronics.

Side impact collisions commonly happen at intersections. Side impact collisions are often severe. A T-bone collision is one severe type of side impact collision.

Head-on collisions are more common in rural areas than urban areas. Head-on collisions frequently result in severe injuries, such as broken bones, brain injuries, spine injuries, and other severe physical injuries. Head-on collisions are the most dangerous type of car accidents.

Can I sue the driver of my vehicle if they were negligent?

If you were the passenger and your driver was at-fault, you may be able to make a claim against the driver. 

However, Alabama is one of the few states that has a Guest Passenger Statute. The Guest Passenger Statute prohibits a “guest” from making a claim against a driver. There are two exceptions to the Guest Passenger Statute where a driver can be held liable.

  1. Where the driver was reckless (drunk driving, texting and driving, racing, etc.)
  2. Where the driver is receiving payment for transporting the guest.

This means that you can only sue the driver of your vehicle if you were paying the driver or if the driver is driving extremely reckless, such as driving while drunk, and caused a car accident.

What if I am partially at fault for the car accident?

Alabama law treats car accident victims harshly if they are partially at fault. Alabama has contributory negligence, which means that if a plaintiff is found to be even 1% at fault, they cannot recover any damages, even if the defendant was 99% responsible. This is a harsh law. Alabama is one of only a handful of states with contributory negligence.

What if the driver of my vehicle and the other driver were both partially at fault?

Under Alabama law, the negligence of a driver is not imputed to the passengers. That means, the insurance company cannot refuse to pay your claim because you are the passenger and your driver is partially at-fault. The rare exception is if the passenger assumed and exercised some control over the vehicle. This exception rarely applies.

If you think both drivers are partially to blame, you should consult with a car accident lawyer for an evaluation of your claim. You likely do not have a claim against the driver of your vehicle, but you may have a claim against the other driver.

How do I settle my property damage claim?

If you have been in a car accident, you likely have many questions about getting your car fixed.

In Alabama, if your vehicle is damaged in a car accident then you are entitled to make a claim for property damages. This process usually does not involve lawyers. This article should help you resolve your property damage claim after a car accident.

The measure of property damages is the difference between the reasonable market value of your vehicle immediately before the car accident and its reasonable market value immediately after the car accident. Additionally, Alabama law allows for loss of use claims.

Typically, insurance companies will either offer to pay for your car’s repairs or they will pay the full value of your car if your car is totaled. Some insurance companies will also cover rental car expenses while your vehicle is being repaired.

When newer vehicles are repaired after a car accident, their value is commonly less than it was before the car accident. You can make a claim for the diminished value of your vehicle. However, insurance companies usually refuse to pay diminished value claims unless the vehicle owner pays to obtain a diminished value report. Even with a diminished value report from a certified claims adjuster, insurance companies commonly refuse to pay diminished value claims.

To obtain a diminished value report, submit your vehicle’s information here: https://claims-plus.com/vehicle-diminished-value/

If the insurance company refuses to pay your diminished value claim, you may have to file a lawsuit in small claims court or district court. Before filing your claim in court, you may benefit from a consultation with a car accident lawyer.

What should I do if I am the victim of a hit and run?

If you have been in a car accident with a driver who fled the scene, you may be wondering how you can cover your medical expenses. Thankfully, you may have auto insurance coverage that can help cover your injuries. 

Leaving the scene of an accident is a serious crime in Alabama. In fact, leaving the scene of an accident with injuries is a Class C felony and punishable by up to ten years in prison.

Under Alabama law, drivers who have been involved in a car accident are required to contact the police and stay until the police arrive or leave their information. Basically, after a car accident, drivers should pull off the roadway (if possible) and wait for the police to arrive.

When a driver leaves the scene of an accident, the crime is commonly referred to as a hit and run. If you have been the victim of a hit and run, you are probably wondering who will pay for your medical expenses, the income you have lost, and other damages incurred.

Under Alabama law, when a driver flees the scene of an accident, it is presumed that the driver was uninsured. When a driver is uninsured, the victim’s insurance kicks in with uninsured motorist coverage. Most automobile insurance policies contain uninsured motorist coverage. That means, you can make a claim for uninsured motorist benefits to pay your medical expenses, lost wages, and pain and suffering. To discuss making an uninsured motorist claim, you should schedule a consultation with a Huntsville car accident lawyer.

Will an uninsured motorist claim cause my automobile insurance premiums to increase?

The short answer is no. An uninsured motorist claim is not a fault claim. In fact, to prove an uninsured motorist claim you must show that the other driver was at fault and you were completely without fault.

My car was totaled. What is a fair settlement for my property damage?

If your vehicle is totaled, the insurance company should offer to pay fair market value for your vehicle. To determine the fair market value of your vehicle, you should use Kelly Blue Book https://www.kbb.com/whats-my-car-worth/?ico=kbbvalue or NADA Guides https://www.nadaguides.com/?psvar=cars#OptNADA and make sure the insurance company’s offer is a fair offer.

Who is responsible for an Uber accident or Lyft accident?

The popularity of Uber and Lyft has skyrocketed over the past several years. This is good in a lot of ways. For example, there are fewer drunk driving accidents as Uber and Lyft have become more popular. As Uber and Lyft become more and more popular, there will be more Uber accidents and Lyft accidents.

At the end of the day, Uber accidents and Lyft accidents cases are like other car accident cases, with a few important differences. Uber and Lyft drivers are common carriers, which means they owe a heightened duty to their passengers. The Alabama Guest Passenger Statute does not apply to Uber accidents or Lyft accidents.

Uber was previously sued and ride-sharing apps like Uber and Lyft changed their insurance policies regarding drivers. If you are hit by an Uber driver or Lyft driver, it will be important to determine whether the Uber driver or Lyft driver was working at the time of the collision. The driver’s insurance coverage changes depending on whether the driver is working. If you are involved in an Uber accident or Lyft accident, you should consult with a car accident lawyer.

I think the driver who hit me was on their cell phone. How can I prove they were on their cell phone?

If you are the victim of a high-speed rear end accident, the other driver was likely distracted by a cell phone and possibly texting and driving. In 2019, 3,142 people were killed in car accidents involving distracted drivers. Many of these deaths are the result of cell phone accidents caused by texting and driving.

https://www.nhtsa.gov/risky-driving/distracted-driving

Cell phone accidents are often caused by distracted drivers who take their eyes off the roadway in front of them. Cell phone accidents can result in serious injuries, or even death. Drivers who are responsible for cell phone accidents can be liable for punitive damages under Alabama law or even charged with manslaughter.

In 2016, an Alabama jury convicted a distracted driver of manslaughter as the result of a cell phone accident that resulted in the death of an innocent driver. https://www.al.com/news/mobile/2016/02/texting_and_driving_manslaught_3.html

Even though many car accidents are caused by texting and driving, drivers rarely admit that they were distracted by their cell phones. However, there are ways to prove that a driver was on their cell phone.

For example, the best Huntsville car accidents lawyers frequently subpoena cell phone records to determine the other driver’s cell phone usage. Occasionally, our car accident lawyers even require the other driver to produce their cell phone for complete forensics download. This usually occurs in catastrophic injury cases or wrongful death cases.

If you are the victim of a cell phone accident, you may be entitled to compensatory damages and punitive damages.

What are punitive damages?

Punitive damages are damages that are intended to punish especially bad conduct. The purpose of punitive damages is to discourage people from acting dangerously.

Under Alabama law, punitive damages are available in a car accident case if the atfault driver was reckless or wanton. Wanton conduct is defined as conduct carried on with a reckless or conscious disregard of the rights or safety of others. https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-11-20.html

The classic example of wanton conduct is drunk driving or driving while under the influence of drugs. Cell phone accidents are another example of wanton conduct. Racing or driving at an extremely high rate of speed are more examples of wanton conduct.

In a car accident case, each of these examples would result in the victim being entitled to punitive damages to punish the at fault driver.

What are compensatory damages?

Compensatory damages are damages to compensate the victim. Under Alabama law, compensatory damages include:

  • Medical expenses
  • Lost earnings
  • Property loss
  • Pain and suffering
  • Mental anguish
  • Permanent injury

These damages are entitled to compensate the injured victim and to make them whole again. Compensatory damages should put the plaintiff both in the same position that they were in before the car accident.

What type of medical expenses am I entitled to after a car accident?

Under Alabama law, an at fault driver in a car accident case is responsible for the past and future medical expenses incurred by the victim as a result of the car accident. The most common medical expenses are:

  • Hospital/emergency room bills
  • Family doctor or primary care physician bills
  • Orthopaedic bills
  • Bills from other specialists, such as neurologists
  • Physical therapy bills
  • Chiropractor bills
  • Surgery costs, including hospital bills and surgeon’s charges
  • In-patient rehab

If you are the victim of a car accident, you can make a claim for medical expenses paid by your health insurance and for medical expenses directly incurred by you, such as co-pays and deductibles. However, you may have to pay back your health insurance company a portion of any settlement. This is called subrogation. If your health insurance has paid your medical bills, you should consult with a car accident lawyer before agreeing to any settlement with the liability insurance adjuster. 

How do I calculate my future medical expenses before settling my car accident case?

This is an important issue because car accident victims only have one chance to settle their claims for damages. Before a settlement is agreed upon, a car accident victim should make sure they understand the full extent of their injuries and the costs of future medical treatment. Consulting with a car accident lawyer is important. A victim of a car accident should never agree to a quick settlement. You should make sure you have made a full recovery, or reached maximum improvement, before agreeing to any settlement.

In catastrophic cases with permanent injuries, expert testimony regarding future treatment is usually needed to prove the cost of future medical treatment. Common future medical expenses include:

  • Future surgery
  • Future therapies
  • Companion care or skilled nursing care
  • Ongoing doctor visits
  • Permanent medications

In serious injury cases, our law firm employs life care planners to help project future medical treatment and costs for car accident victims who have sustained catastrophic injuries. A life care planner will meet with you, your family, and your doctors to determine what medical treatment is likely needed in the future.

How do I calculate my loss of earnings?

If you have been off work due to a car accident, you may wonder how you will ever catch up on your bills. If you were not at-fault then you are entitled to make a claim for lost income. 

If you work for a business and are paid hourly, a letter from your employer and from your doctor should be enough evidence to get your lost income included in a settlement. However, if you usually earn overtime or you are paid commissions, you may also have to include prior pay stubs or tax returns. 

If you are self-employed, calculating lost income is much trickier. It must be handled on a case-by-case basis. 

For example, a truck driver who owns his own truck and is unable to drive can provide copies of his previous load tickets, as well as his latest tax return. 

A salon owner can provide a screenshot of her appointment schedule and itemize the services that each customer was scheduled to purchase.

Huntsville Car Accident Lawyers

If you have questions about your specific case, the best thing to do is to call or text our office for a free, no-pressure consultation. We love to help folks. Call or text us at 256-538-8686

Call Now Button