Get Your Free Case Review 24/7
How Fault Is Determined in Alabama
In Alabama, car accident liability is determined based on a fault-based system. This means that the driver found responsible for causing the accident is legally obligated to cover the damages and injuries that result. Victims have the right to seek compensation either by filing a claim with the at-fault driver’s insurance company or by pursuing a personal injury lawsuit.
Furthermore, Alabama enforces a strict contributory negligence rule. Under this legal standard, if an injured party is found to bear even a small percentage of the blame for the accident, they may be completely barred from receiving any compensation. Because of this rigid rule, proving that the other driver was entirely at fault is critical for securing damages.
How to Protect Your Rights
Taking the right steps after an accident can protect your rights and preserve your eligibility to seek compensation. Here’s what to do after a car accident that wasn’t your fault:
To the best of your ability, take photos of the accident scene, gather witness statements, and collect witness information. This can help your attorney when investigating your case.
Even if your injuries are minor, or if you feel fine, you should always seek medical treatment after an accident. This ensures your injuries and potential injuries are properly documented, which can help corroborate your account of the accident and strengthen your case.
Inform your insurance company immediately after the accident. Give them all the pertinent information and comply with their requests. Promptly reporting the accident allows your insurance company to begin processing your claim.
After an accident, evidence can disappear quickly, so it’s important to begin the investigation process as soon as possible. Consulting with an attorney immediately after the incident enables them to collect vital evidence before it’s gone.
What NOT to Do
Avoid making any statements that could be construed as an admission of guilt or responsibility for the accident. This includes apologies, expressions of regret, or statements about your actions or the condition of your vehicle. These statements can be used as evidence against you by the opposing party’s insurance company or legal team.
The insurance company does not want to pay you. They will do everything they can to undermine your case, especially if the other party is blaming you for the accident. It’s always best to let your attorney handle all communication with the other party’s insurance company.
Delaying getting medical care after a car accident can not only put your health and well-being at risk but can also undermine your legal case. Delays in treatment create gaps in your medical records, which can be exploited by the opposing side to argue that your injuries were not as severe as you claim or that they were caused by something else entirely.
Benefits of Working With a Lawyer
Working with a lawyer alleviates the pressure of having to navigate the complex legal landscape and build a case on your own. They have a thorough understanding of the laws that affect your claim and have access to resources others don’t. They can increase your chances of winning your case by:
- Conducting a thorough investigation of the accident: This includes gathering evidence such as police reports, witness statements, medical records, and photographs of the accident scene and vehicle damage. They can also consult with accident reconstruction experts if necessary.
- Negotiating with insurance companies: Your attorney will handle all communication with the opposing party, their insurance company, and other relevant parties, protecting you from being taken advantage of and working to secure a fair settlement that covers your damages.
- Filing legal documents and representing you in court: When you are being sued after an accident that wasn’t your fault, your attorney can file all necessary legal documents, represent you in court if your case goes to trial, and present a convincing case on your behalf.
- Calculating and proving damages: Your attorney will work with experts to accurately calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage, and negotiate for a settlement that sufficiently compensates you for your losses.
- Providing legal counsel throughout the process: Car accident cases can take time to settle, especially if the other party is trying to blame you for the accident. Your attorney will be there to answer your questions and advise on the best course of action every step of the way.
If you’re being sued after a car accident that someone else caused, you need an attorney to ensure you present the strongest possible case. Long & Long Injury Attorneys offers free case reviews, so contact us today to learn your rights.
Get Your Free Case Review 24/7
FAQs
In Alabama, if you are found to have contributed even minimally to the accident, you may be barred from recovering compensation due to the state’s contributory negligence rule. This is why it’s important to have a skilled lawyer who can build a strong case to show that you were not at fault.
Yes, if the plaintiff was at fault and you sustained injuries, you can file a countersuit seeking compensation for your damages.
Not necessarily. Many car accident cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, the case may proceed to trial, requiring your appearance.
The duration of a case varies based on its complexity, the willingness of parties to negotiate, and court schedules. Some cases settle within months, while others may take longer if they proceed to trial.
Long & Long Injury Attorneys Can Help You Get Justice
If you’re being sued after an accident that wasn’t your fault, our team is here to support and guide you through the legal process and make sure you’re taken care of. We charge no upfront fees, and we only get paid if we win for you. We’ve won settlements for car accident victims in Mobile, Orange Beach, Gulf Shores, Foley, and all over Alabama. Our team is standing by to discuss the details of your case for free. Contact us to get started.