Tips From Our Alabama Car Accident Lawyers
Automobile accidents can produce devastating and life-altering injuries. According to Drive Safe Alabama, there was an automobile accident reported, on average, every 3 minutes and 55 seconds in Alabama during the year 2020. In some cases, a motorist who endured property damage and injuries may attempt to sue the other driver to cover their expenses. Facing a lawsuit can be stressful and scary for the individual who caused the collision.
When another driver attempts to sue you, it can be challenging to understand how to legally proceed. While the Alabama car accident lawyers at Long & Long Injury Attorneys only represent individuals who were not responsible for their injuries, we do have advice to offer those who are being sued after a car accident due to their own actions.
Alabama: A Fault State
Alabama is a fault state, meaning drivers are held legally accountable for the injuries and damages that occur due to their irresponsible actions. In fault states, injured drivers have options if they decide to file a claim to solicit compensation for the damages and injuries they suffered.
How a driver decides to proceed following an automobile accident will depend on various circumstances. Injured drivers can file a claim against the careless driver’s insurance company, file with their own personal insurance company, or file a lawsuit.
How to Determine if You Are at Fault
In order to receive compensation, the other driver must prove that you acted negligently. Every driver owes other motorists a duty of care. In other words, drivers have a legal obligation to be responsible for their actions and avoid acting in a way that causes harm to others. When the duty of care is breached, compensation may be available for the injured person.
In some cases, it is easy to determine who was at fault in an accident. However, some accidents require a more in-depth investigation to conclude who precipitated the collision. Evidence such as witness statements, proof of traffic laws being disobeyed, and photographs of property damage will be vital in determining who is at fault.
One helpful tip you should keep in mind is to never admit fault. If you admit fault and the other driver is partly liable for the car wreck, you may negate your chances of compensation or be obligated to pay out more than what the other driver deserves.
If the investigation concludes that you’re the driver who operated negligently and prompted the collision, then the other person could potentially file a lawsuit and receive compensation.
What to Do When You Are at Fault
If you’re at fault for the collision, your insurance company will likely cover the other driver’s expenses based on what is covered under your insurance policy. Be aware, though, that insurance companies tend to act in their own best interests and will attempt to pay as little as possible in compensation. While this may seem like it would not pose an issue to you as you are not the party seeking compensation, a denied, delayed, or underpaid claim could lead to a lawsuit.
If they decide to sue, you need to speak with your insurance company immediately and supply them with a copy of the lawsuit. The insurance company will then have to defend the suit. If you’re faced with complications from your insurance company, contact Long & Long Injury Attorneys. Legal matters are difficult without trusted legal advice, and time is a vital factor when a driver files a lawsuit to seek compensation.
In the state of Alabama, there is a two-year statute of limitations for personal injury claims. The statute of limitations is the amount of time an injured person has to file a personal injury claim. If a claim is filed after the appointed time, the likelihood of them receiving compensation is slim to none.
Contact Determined and Trusted Legal Representation
Being sued is not always an easy and straightforward process. While we do not represent individuals found to be at fault, we hope these tips on what to do after being sued have been helpful. If you were hurt due to someone else’s negligence, our team at Long & Long Injury Attorneys may be able to help you receive compensation for your insurance claim.
Our Alabama car accident lawyers believe in strong attorney-client relationships. For this reason, we will personally communicate with you and ensure you are informed about the progression of your case if you were injured in a car wreck. Call our law office today to speak with one of our compassionate and trusted attorneys at (251) 250-3292 or fill out our free consultation form.
