Birmingham Car Accident Lawyer
Car crash injuries can have a significant impact on your life, and attempts to recover damages from the person who hit you can prove futile if you go it alone. Contact a Birmingham car crash lawyer who can help you navigate the complex world of personal injury claims.
The attorneys at the Henry Dailey Law Firm know personal injury law, and we’re passionate about helping our clients regain what they’ve lost since their accident.
If you work with us, our plan of action will likely involve determining what caused your wreck, identifying who is responsible, analyzing the extent of your injuries, and achieving a fair resolution in your claim. A Birmingham car accident lawyer could make the difference you need for success with your claim.
Common Causes of Motor Vehicle Collisions
Most frequently, the driver of the motor vehicle that hit you will be responsible for your Birmingham car accident. A driver could be the cause of an auto wreck for any number of reasons. A few of the more common ones include the following:
- Distracted Driving – This is when a driver’s attention is on something other than road; he or she could be changing the radio station, adjusting a navigation system, reaching for a beverage, or using his or her cell phone.
- Emergency Medical Condition – Cases in which a seemingly healthy driver suddenly suffers a heart attack or stroke, leading to a crash, are categorized here.
- Driving Under the Influence – Operating a motor vehicle while drunk or after drug use is illegal, and a driver doing so could be subject to criminal charges, as well as your personal injury claim.
- Reckless Driving – People who choose to disobey traffic laws are putting the safety of the public in jeopardy. Speeding, running red lights, following too closely, and running stop signs are all examples of reckless driving.
If the other driver was doing his or her best to drive safely and a crash still occurred, your Birmingham car wreck attorney will examine the vehicle itself for defective parts and the location where the accident took place. We may find that traffic signs were improperly placed or there were significant hazards in the road, such as large potholes, downed tree limbs, narrow shoulders, and unreasonably sharp curves.
If we find that a manufacturer failed to notify you of a faulty car part that needed replacing or that the local government road authority was unsuccessful in keeping the roadways safe, then we may name them in your claim as liable for your injuries. Keep in mind that filing claims against the government is a difficult task in Alabama, which may necessitate hiring an attorney for car accidents in Birmingham.
Accidents Caused by Drivers at Work
After most car crashes, it’s not all that difficult to determine who’s responsible for your accident. For most people who have been hit by another driver, it’s simply the other driver who’s responsible for their injuries, but not every case is so simple. When the driver is at work while on the road, you’ll need to make additional considerations.
For example, maybe your accident involved a commercial vehicle driver or a delivery person out on a job. In most cases, if the driver was acting within the scope of his or her employment, their employers will be at least partially responsible for compensating you for your injuries.
Employer liability puts some responsibility on the person in charge. Much like a property owner is responsible for injuries on his or her property, the working driver’s employer will likely assume liability.
The Serious Injuries Car Crashes Cause
Unfortunately, car accidents are common in Birmingham. But even more unfortunate is the fact that car crashes can easily cause serious and catastrophic injuries.
Along with various other factors, the severity of your injuries should inform the overall value of your claim because of this simple fact: Serious injuries have severe financial impacts on your life.
The following are some examples of serious injuries car accident victims can suffer:
- Traumatic brain injuries, including contusions and concussions
- Spine injuries, which may include paralysis and chronic back pain
- Fractured or broken bones
- Disfiguring burns and scars
- Potentially fatal internal bleeding
Your car accident lawyer in Birmingham will work with your healthcare provider to determine and document the severity of your injuries. Documentation will be important when you have to prove why you deserve compensation in settlement negotiations or court.
Dealing with the Insurance Company
As a rule, insurance companies do not have your best interests in mind. They are for-profit businesses and will always lose money by settling claims. Alabama is one of only a few states that practice pure comparative negligence to determine whether a claimant like you has a case. If you are even partially responsible for your accident, you will not be entitled to compensation.
That’s why it’s the priority of the insurance company to do whatever it can to take the blame off of its policyholder and put it onto you. We are what’s called a “fault” state, so whoever caused the accident will be liable for the damages incurred.
Worse, insurers may try unfair tactics to make you believe that your settlement isn’t worth much. In some cases, they may claim a low settlement is the best they can do. For some, it may be impossible to get a reasonably quick response, or they may simply ignore any attempts to contact them.
Accepting the first offer the insurance company makes you may be tempting. But working with a Birmingham car crash attorney at the Henry Dailey Law Firm can help you understand the full extent of the compensation package you are entitled to.
What Damages Can You Be Compensated For?
Each Birmingham traffic accident and the people involved will have varying circumstances. You might have walked away with few injuries and are mostly seeking compensation for property damage, or you might have been impaired for life. Reviewing what you’ve suffered will help your Birmingham auto accident lawyer calculate the compensation you deserve.
Parts of this may be simple. After all, your expenses only need to be added up, and you can estimate how much a future surgery or more time off of work will cost you. Non-economic damages, however, are intangible, so they may be a little harder to calculate without an attorney’s help. These will compensate you for the pain and mental trauma you’ve suffered because of the accident.
The following items will all be considered when determining the extent of your compensation for your car accident in Birmingham:
- Medical Costs – This will include your hospital stay, rehabilitative services, accommodations to your property out of medical necessity, medical equipment, home healthcare, and prescription medications.
- Lost Wages – When you are out of work for any length of time, or if you are unable to continue to work for the foreseeable future, you may be entitled to the income you are missing out on.
- Loss of Enjoyment of Life and Companionship – If your injuries have rendered you unable to continue playing sports or maintain the active social life you once had, this damage would apply. Losing the close relationship you previously had with family members due to your inability to attend family events or perhaps due to situational depression is also cause for seeking damages.
The assistance of a Birmingham car wreck lawyer can help ensure that the full scale of your injuries is taken into consideration while negotiating your claim for compensation.
Alabama Laws That Will Affect Your Case
When preparing your claim, you’ll need to consider the laws surrounding your case. If you overlook certain rules, it could mean a dismissed claim, so it’s important to be aware of what will affect you and how you can fight back.
Of course, you don’t need to know all the laws relevant to your case—that’s what your auto crash lawyer in Birmingham is there for. However, there are two major laws that will affect most car crash claims, and they can affect your case before you ever speak to a lawyer:
Statute of Limitations
First, keep in mind that you’ll only have a certain amount of time before your claim will be dismissed. Alabama only allows victims two years to file their claims, which may initially seem like plenty of time. Unfortunately, a claim can take time to prepare, so be sure to act quickly, no matter how recent your crash was.
This is meant to keep evidence fresh, which can help you. By acting while your evidence is fresh, you’ll have more evidence that proves you weren’t at fault. A Birmingham motor vehicle crash lawyer can use this to support your case and prove that the other driver was at fault.
Pure Contributory Fault
Proving that the other driver was at fault will be a major part of your case. After all, if the other side can prove you were at fault at all for the auto wreck, it could mean losing your chance to recover damages entirely. That means you could be left handling your expenses yourself.
For example, let’s say you were heading down I-65, and your exit was coming up. You were talking on the phone as you were exiting, and suddenly you were hit from behind. The other driver caused the accident, but you could have been more vigilant.
If the other driver can prove that you were being negligent to any degree, that could be the end of your case. Under pure contributory fault, any degree of negligence on your part means that you’ll be barred from recovery, which could be devastating when your expenses are so high.
Getting a Birmingham auto accident attorney’s help protecting your case will be vital because the defense will be looking for any signs that you were negligent. Even during your initial insurance claim, be sure that you don’t mention fault. Instead, just tell them what happened—just the facts. Being found at fault to any degree may be the end of your case, so be careful and call a lawyer.
Birmingham Car Accident FAQ
How long do I have to file a claim?
If you wish to pursue a personal injury suit for your Birmingham car accident, you will have two years from the date of the accident to file a claim.
What happens if the other driver is uninsured?
Alabama law requires your car insurance company to offer a protection called underinsured or uninsured motorist insurance. This way, even if the driver who hit you doesn’t have insurance, you are still covered under Alabama law.
The insurance company asked me for a statement. Should I give one?
As a for-profit business, the insurance company is losing money by settling your claim. With that being said, the insurance adjuster will more than likely attempt to use any statement you give against you as a way to make the policyholder seem less at fault than he or she truly is. For this reason, we do not recommend that you make a statement to the insurance company. When insurers contact you, simply direct them to call your Birmingham car wreck attorney.
What if I had a single-vehicle accident?
In some cases, you may still be compensated. If your accident was caused by a product defect, for example, you may be able to file a suit against the manufacturer. While this isn’t true for every single-vehicle crash, if you suspect this might have happened to you, give us a call.
Reach Out to a Birmingham Car Accident Attorney
After you’ve been injured in a traffic collision, you should be focusing on your recovery instead of dealing with a money-hungry insurance company. At the Henry Dailey Law Firm, we will always have your best interests in mind. We will work rigorously when building your case so you receive full compensation swiftly.
To speak with a Birmingham car accident lawyer to discuss your next steps, give us a call today at 205-995-2412 or fill out the form below. We are proud to guarantee you won’t pay any fees until we win.
Henry C. Dailey Law Firm, P.C.
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