Huntsville Car Accident Lawyer

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.

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.

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.

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.

How do I choose the right lawyer for my car accident?  

Finding the right car accident lawyer in Huntsville can be easy. Start by asking your friends and family or colleagues if they have any reputable recommendations. You want someone who can communicate clearly and efficiently, so that you are always “in-the-know” about your case. Experience and strong negotiation skills, especially with insurance companies, are two other abilities you want your personal injury lawyer to possess to maximize your settlement. Research the lawyer’s reputation to ensure that they are respected in the legal community and read past clients’ testimonies. Understand that most personal injury attorneys work on a contingency basis (you only pay if they win) so there should be no fees. Then, make sure to schedule a consultation to see if your Huntsville injury lawyer is the right fit for you! 

The time it takes to settle a car accident claim in Huntsville, Alabama can vary significantly. In general, clear liability cases (it is obvious who is responsible) with no serious injuries should be settled efficiently. Those who have disputes over liability, severity of injuries, or multiple parties, might require more time. It is important not to rush the settlement, so you receive fair and just compensation for all your damages. Each case is unique, so finding the right personal injury lawyer can aid you in the settlement process of your case.  

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 accident 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 a 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.

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.

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 at-fault driver was reckless or wanton. Wanton conduct is defined as conduct carried on with a reckless or conscious disregard for 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 plaintiffs both in the same position that they were in before the car accident.

Be sure to inform your insurance company about the accident. You may have uninsured motorist (UIM) coverage, which may help you recover your damage. Filing a police report in your Alabama county will start the process of gathering documentation and help you file your claim. It’s crucial to have a good understanding of your own insurance policy and to consider purchasing UIM coverage, which can provide protection in such situations. For more detailed guidance, it’s best to consult with a legal professional who can provide advice based on the specifics of your case. Remember, laws and procedures can vary by state, so Huntsville legal expertise is invaluable. 

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.

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.

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.

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.

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 claim 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.

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.

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.

Most car accident claims in Huntsville are settled out of court, especially if there is clear liability and both parties agree on settlements. If there are significant disputes over fair compensation, liability, or any other aspect of the accident, there is a possibility you will have to go to trial. An experienced car accident attorney can often negotiate without going to court. However, they will also represent you in court to pursue the compensation you deserve if necessary.  

You may not see an increase in your insurance rates. However, it’s not guaranteed, and there are several factors to consider. Generally speaking, your rate could go up less than 10% if you are not at fault. However, if your rates even go up at all it is case to case. Your overall driving record will play a significant part in your insurance rates. A clean record with no prior accidents will go a long way. Insurance companies also have varying policies, some may increase rates, while some may not. It is imperative to contact your insurance provider to understand how specific policies might affect your premiums.