Birmingham, Alabama, Auto Accident Attorneys
The Alabama Department of Transportation reports that over a five-year period, there were an average of more than 126,400 auto accidents reported in the state every year, averaging more than 37,000 annual injuries. Sadly, there are also an average of more than 888 car accident-related fatalities reported in the state on a yearly basis.
A car accident can happen in the blink of an eye, and is indiscriminate in its victims. Affecting the young and the old alike, auto accidents cause devastating injuries, changing lives forever.
If you have been involved in a serious car accident in Birmingham, Alabama or surrounding areas, our experienced auto accident attorneys at the law offices of Burge & Burge, PC are here to help you understand your options.
Top Causes of Auto Accidents in Alabama
The majority of auto accidents in Alabama are caused by the negligence, or careless and reckless actions, of drivers. As such, most car accidents are completely preventable, and would not occur but for actions such as:
- Speeding;
- Drunk driving;
- Distracted driving;
- Drowsy driving;
- Using a cellphone/Distracted driving;
- Aggressive driving; and
- Failing to follow posted traffic laws.
These things can lead to accidents, such as rear-end wrecks, or rollover accidents. But drivers aren’t the only ones to blame for traffic accidents; in some cases, other factors are responsible, too. For example, a car accident may be caused by an auto defect, such as a defectively manufactured tire. Car accidents may also occur because of defects in road surfaces, hazardous driving conditions, inclement weather, or defective traffic signs and road markings.
Other causes of injury that we can assist with include reckless driving.
Liability for Car Accidents in Birmingham
Liability for a car accident is based on negligence, and because Alabama is a tort liability state for car accidents, negligent drivers (or other parties) are responsible for paying for accidents that they cause. The parties who are most often held liable for car accidents are drivers, but car manufacturers, government entities or municipalities, and other third parties may be to blame in some cases, too.
In order to hold the at-fault driver/negligent party liable for your damages after a crash, you will need to prove that the accident would not have occurred but for their actions. In order to do this, you will need to collect credible and convincing evidence, including:
- Photographs of damages and the accident scene;
- Proof of skid marks, violation of traffic laws, etc.;
- Witnesses’ testimonies;
- Data provided by accident reconstruction and other forensic experts; and
- Police reports.
Alabama’s Pure Contributory Negligence Law
One thing that is very important to understand when filing a car accident claim is Alabama’s pure contributory negligence law. If you are pursuing a negligence-based civil action, this law prevents you from recovering compensation from an at fault party if you are found to have contributed to your injuries in the least. In other words, if you were even one percent at fault for your crash, you are completely barred from recovering compensation. This law is one of the primary reasons why hiring an experienced attorney who knows how to investigate your claim and build a case against the negligent party is so critical; if you do not prove negligence, you may be unable to recover any of the compensation that you are entitled to.
Statute of Limitations for Filing a Car Accident Lawsuit
If you are injured in a car accident, recovering compensation in a timely manner is critical to your recovery – you need financial support to get back on your feet again and pay for your economic losses. Acting quickly to file your car accident lawsuit isn’t just important for ensuring that you get paid as quickly as possible, though; if you wait too long to file a lawsuit for compensation, you will be barred from pursuing damages entirely. In Alabama, the statute of limitations for pursuing an auto accident lawsuit is two years from the date of the accident.
Recovering Your Maximum Compensation Amount after a Crash
At the law offices of Burge & Burge, PC, we know that the losses from a car accident are often significant. In addition to pain and suffering, as well as disability and immobility, you may have also incurred thousands of dollars’ worth of medical expenses, and may be unable to return to work, resulting in lost wages. We know that these economic losses can create questions about how you will continue living and afford your basic costs associated with every day life.
Our experienced Birmingham auto accident lawyers want to make sure that you get every penny you deserve after a crash. We help you build a case that not only proves liability, but also is designed to help you recover your maximum compensation for the full value of your economic and noneconomic losses.
Steps to Take to Preserve Your Right to Damages
We understand that the aftermath of a crash can be overwhelming, and that knowing exactly what to do may be confusing. Taking certain steps after a crash, though, can help to preserve your right to recover the full compensation amount discussed above. To put yourself in the best position possible, we urge you to:
- File a report with the police. Accidents that result in a certain amount of property damage or any type of personal injury must be reported. Not only does reporting ensure that you are acting within the law, but it also provides documentation of your accident in support of your injury claim.
- Seek medical care. You should seek medical care immediately after a crash, both to ensure that you get the treatment that you need for optimal recovery, and to ensure documentation of your injuries and treatment. If you fail to seek treatment immediately, an insurance company may question the validity of your injuries and your claim.
- File your report with the insurance company. You need to notify the insurance company of your accident as soon as possible, providing the company with enough time to investigate the accident. Do not sign anything or give a recorded statement when speaking with an insurance adjuster. Of course it is possible that the person who hit you is an underinsured motorist, and we can help you deal with that as well.
If you were in a car accident with an uninsured or underinsured motorist, you may be worried that you have no recourse to recover compensation. But be assured: you do have rights. You may be able to receive compensation from your own auto insurance policy.
At Burge & Burge, PC, we represent people who were in collisions with uninsured or underinsured motorists. Our experienced car accident lawyers understand auto insurance policies and will work to find the maximum compensation you are entitled to receive. Please call our office at to schedule an appointment with our Birmingham uninsured motorist accident attorneys. Your consultation is free.
Stacking Uninsured Motorist/Under Insured Motorist Policies and Additional Options
Auto insurance companies are required to offer people an uninsured/underinsured driver insurance (UM/UIM) provision and Medical Payments (Med Pay) coverage with their policy. If you have these options, we can make a claim for damages with your insurance company.
Under Alabama law, you are allowed to stack your UM/UIM policies. If you have UM/UIM coverage, you may be able to receive more compensation by making claims under each policy you have. For example, if you have three vehicles insured with UM/UIM coverage for $15,000 each, you could stack the policies and receive $45,000.
If the other driver has insufficient insurance, lapsed insurance or no insurance and you do not have UM/UIM coverage, there may still be options. Perhaps someone in the negligent driver’s family has insurance that covers him or her. We could also investigate if the owner of the vehicle negligently entrusted the vehicle to the driver and whether the owner has other assets from which you may recover damages.
All car accidents have the potential to cause serious injuries or wrongful death. You may need compensation for lost income, medical costs, monthly bills, pain and suffering, or long-term treatment. We will pursue all available options to maximize your compensation. For a free consultation with an Alabama underinsured motorist attorney, please call or contact us online.
Hire an Experienced Alabama Auto Accident Attorney
Do not make the mistake of trying to file a claim and pursue damages on your own. When you hire an experienced Alabama auto accident attorney, you greatly improve your chances of maximizing your settlement. At the law offices of Burge & Burge, PC, we are ready to advocate for you. Contact us today for your free consultation.