Birmingham Car Accident Lawyer
Hurt in an Auto Accident? Call (205) 386-6844
Your commute started off like it had so many times in the past. You were on your way home, to school or to work, traveling a road or highway you've traveled many times before. There was no sign of trouble and traffic was moving at a regular pace. You may have been planning the rest of your day, when suddenly you were in a car accident.
This only raises more questions, such as:
- Who is responsible for my injuries?
- Will I ever recover from this?
- Should I call a Birmingham car accident attorney?
- Do I even have a car accident case?
The next thing you probably remember is dealing with the authorities or being transported to the hospital. Depending on the severity of the collision, you might not even remember that you were even in an accident.
But one thing is for certain: you ended up with severe injuries and potentially life-altering wounds because of another individual's actions. If you, or a loved one, have recently been involved in an automobile accident, you may have grounds to pursue legal action. But you'll need to find the right attorney to successfully represent your case.
Guster Law Firm, LLC can help. Contact our Birmingham car accident lawyers today at (205) 386-6844.
What Is Negligence in Alabama?
You've probably heard the term "negligent" at one point or another on television or on the radio. In regards to personal injury claims, negligence is what happens when someone fails to observe a basic standard of care in a particular situation. This can happen in a variety of ways in any number of situations.
A doctor can be found negligent if they provide a patient with the wrong medication. A company can be found negligent if they put defective products on the market. In the case of automobile accidents, the at-fault party can be considered negligent if they engage in any of the following activities:
Is Alabama a No-Fault State?
Alabama is a fault-based state, which means that the person who caused the accident can be held responsible for any losses that the victim incurred. It must be established that the driver was negligent and caused the accident. Typically, that driver's insurance company would cover any of those losses. In a no-fault state, each driver's own insurance company will pay for the damages.
What Is Contributory Negligence?
Claims can involve quite a lot of paperwork and often requires dealing with another driver’s insurance company. It is a good idea to talk to a lawyer who specializes in automotive accident law before trying to handle an insurance company. An experienced lawyer can help explain things and make sure your rights are protected when dealing with insurance.
If you are injured or your vehicle is damaged and you plan on bringing a civil suit against the other driver, then it is very important to understand that Alabama is a “contributory negligence” state. In Alabama, if you are in any way responsible or at fault for an accident, then you cannot collect damages for that accident. This means that if you are texting and look down from the road for a moment, then collide with another vehicle, you cannot collect damages from the other driver because you are at least partially at fault. Even if the other driver is intoxicated and speeding, you cannot receive damages because you contributed to the accident.
Most other states in the US have “comparative fault” laws that let you receive damages based on how much of the accident the other person was responsible for. But in Alabama, it is very important that you prove that you were in no way responsible for a vehicular accident.
What Kind of Damages Could I Collect After an Alabama Car Accident?
Unfortunately, until we know the type of accident you've been in, the degree of negligence involved, and the severity of your injuries, it is impossible to accurately determine how much your case may be worth.
The types of damages you may be able to collect range from economic to non-economic. Economic damages pertain to those concrete costs that came directly after your accident, such as hospital bills and medical expenses. Non-economic damages refer to the hidden or unseen costs of a traumatic accident, such as pain and suffering.
Automobile accident cases can get complex. Don't handle insurance companies or the courts alone. Be sure to get an experienced Birmingham car accident attorney on your side. For more information about personal injury claims in automobile accidents, contact a car accident lawyer in Birmingham, AL at Guster Law Firm.