Car Accident Laws in Alabama Plus FAQ’s

Posted on January 12, 2022 By legalchiefs

Car Accident Laws in Alabama Plus FAQ’s

Car Accident Laws in Alabama

Driving a car can be risky as it can lead to auto accidents, even if you are one of the most careful and cautious drivers out there. If you live in the state of Alabama, it’s crucial for you to know the auto accident laws because an accident can occur to you at any time. In the event that you do get into an auto accident, you’ll likely find that hiring an attorney to help you handle your case can be a great benefit, especially if the insurance companies are trying to get out of paying you what they owe you. When it comes time to find the right attorney, it’s ideal to find one that specializes in auto accident law. Below, you’ll not only learn about Alabama car accident laws, but also part of the process.

The Process After Getting Into An Auto Accident

Not only will getting into an auto accident affect you physically, but also legally. Since every state has different laws, the car accident laws in Alabama are no exception. One thing that Alabama requires that only a few other states do too, is to provide proof of negligence or wantonness. This means that you’ll have to prove that the defendant was actually at fault in order for you to receive any kind of compensation or award. This can make things difficult depending on the situation. Furthermore, if the jury on your case finds you to be at fault for even 1% of the accident, you won’t receive an award.

 

Auto Insurance Companies in Alabama

Just like in other states, Alabama requires you to have auto insurance. If you do get into an auto accident, you’ll have to deal with your insurance company. Keep in mind that when you deal with insurance companies, they typically always try to delay the matters and you’ll want to strongly consider the small and fast settlement if you can get it.

 

What Happens If You’re Injured

If you had a car accident in Alabama and were injured, the laws will definitely help. Alabama law states that in personal injury cases, you’re entitled to pain and suffering, medical expenses, lost wages, mental anguish, property damage, diminished property value, and more. However, Alabama treats every case differently. The state of Alabama also has a death statute that will award on the basis of death.

 

Car Accident Statute of Limitations in Alabama

Every state has a “statute of limitations” that can differ from state to state. It’s a law that puts a very strict time limit on the right to bring up a lawsuit. These deadlines and timeframes can vary based on the kind of harm that you suffered as well as the case you want to file.

The statute of limitations affects car accident lawsuits in Alabama, and it also applies to personal injury cases. In Alabama, people have a 2-year deadline to claim all actions for any injury to the person or the rights of another. This also applies if the car accident results in death and the family members or personal representatives of the deceased person want to file a wrongful death suit against the person that caused or was at fault for the auto accident.

The 2-year timeframe starts running the day the injury occurs, typically the date of the auto accident. If your case isn’t started before the deadline passes, chances are that the court will dismiss the case once you attempt to file.

 

Guest Passenger Statute in Alabama

If you were the passenger in a car accident in Alabama and were hurt, you can also make a claim against the other driver if they were negligent, but you don’t have the right to make a claim against the driver of the vehicle that you were in, no matter if they were or weren’t negligent. However, there are a few exceptions to this rule.

 

Car Insurance Rules and Requirements in Alabama

Part of Alabama car accident laws include car insurance. Car insurance will likely play a part in all claims made after an auto accident. Just like in other states, Alabama requires the owners of motor vehicles to maintain a certain amount of insurance coverage in order to be allowed to operate a vehicle in a legal manner on state roads and highways. Understanding the auto insurance rules in Alabama is essential for any potential car accident case.

 

Survival Statue in Alabama

In Alabama, there is such a thing as a survival statute. Consider this example – 2 victims were injured in the same way in different auto accidents that were caused by another driver, but only one files their claim right away while the other doesn’t, and they end up both dying from unrelated conditions. The estate belonging to the first victim can continue to pursue the claim because the lawsuit was filed before their death; however, the estate belonging to the second victim cannot pursue a claim as it is considered to be unfair treatment.

 

 

Find An Auto Accident Attorney In Your Area

Auto Accident FAQ

Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation. There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver. Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages. Compensatory damages are the most common type of damages in a personal injury claim, and they often include: ● Current and future medical bills ● Property damage ● Emotional duress ● Lost wages ● Loss of enjoyment of life ● Loss of future earnings potential On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.