car accident lawyer Mobile AL
Car accidents are very serious matters. Unfortunately, they can happen to anyone, even if you are the safest driver around. In fact, car accidents are increasing every day. If you are involved in a car wreck, you should speak to a car accident lawyer, who is able to get you the best possible settlement from the insurance company. They often pay out as little as they possibly can, which is why you need someone to fight for your corner. But what should you look for in a car wreck attorney?
It may sound obvious, but you need to make sure that the attorney actually has the expertise required for this type of work. The best car accident lawyers deal exclusively with car wreck cases, which guarantees they have up to date knowledge. Very often, people turn to a personal injury lawyer instead. While this can be beneficial, personal injuries can happen in a range of situations, not only vehicle accidents. Hence, if you choose a personal injury expert, make sure that they focus specifically on car wrecks.
Knowledge and Experience
Next, you need to make sure that the car accident lawyer you are considering has an impressive and lengthy track record. Often, they will call themselves highly experienced, but you need to really investigate this. They may have passed the bar a decade ago but that does not necessarily mean they have been handling these types of cases for just as long.
A car wreck can literally change your life. Many people become afraid for life, and the last thing they then need is to have to trust a novice who will not get them the results that they need. Make sure that your car accident lawyer has been litigating for at least five years specifically in car accident cases like yours. This means that they are truly seasoned and that they are likely to have dealt with most insurance companies as well.
Their Success Rate
Last but not least, your car accident lawyer should have an excellent success rate. In many cases, car wreck litigation never goes to trial, which means it can be difficult to ascertain whether or not your lawyer has won. However, they should be happy to provide you with references from past clients who have been happy with their results.
Ultimately, what you need is an expert who is able to fight for your rights in what is undoubtedly a very difficult time. The attorney must have the knowledge and experience to do this, and should be able to prove that he or she has won most of the cases. You shouldn’t settle for any less than you deserve, and what you deserve is to work with somebody who will help you to achieve that.
Fatal Car Accidents in Alabama
According to the Centers for Disease Control, people in Alabama are twice as likely to die in auto accidents as the average American, with Alabama’s motor vehicle death rate at 13.7 (per 100,000) versus the national rate of 7.0 The most common causes of fatal car accidents are:
- Distracted drivers
- Driver fatigue
- Drunk and reckless driving
- Weather conditions
- Street and highway defects
- Car manufacturing defects
- Inexperienced and/or elderly drivers
Car Accident Wrongful Death Claims
Successful car accident wrongful death claims contain two features:
- Caused by Someone Else – the accident that killed your loved one must have been caused by someone else (i.e., the driver of the other car, the car manufacturer, or the driver of the car in which your loved one was a passenger). Someone else must have acted negligently to cause the accident.
- Sufficient Insurance – Unfortunately, some car accident wrongful death claims fail because the at-fault driver did not have insurance, had inadequate insurance, or did not have enough personal assets to compensate the other party. An experienced attorney knows where to look for any insurance or assets to recover the full value of your wrongful death claim. Possible sources would be (1) uninsured or under-insured insurance, (2) the car manufacturer, and (3) Dram Shop insurance, if a person was killed by a drunk driver, you might be able to recover compensation from the place where the driver was served alcohol.
Drunk Driving Accidents
In drunk driving car accidents you will have to pursue a civil action via a claim against the driver’s insurance company, or a lawsuit against the person who caused the wreck. Your car accident lawyer will have to prove:
- The other driver was drunk, and the extent of intoxication
- The driver’s intoxication or impairment caused him to be unsafe & negligent
- The driver’s negligence caused the accident
- You suffered monetary damages as a result of the driver’s intoxication and negligence
If your lawyer is able to prove these points, you may be able to recover damages which include: past and future medical expenses; lost wages and future reduced earning capacity; damage to property; rehabilitative and/or physical therapy; intangible expenses for pain & suffering.
hit and run Accidents
According to the National Highway Traffic Safety Administration, hit and run accidents account for approximately 11 out of every 100 traffic-related accidents across the United States. hit and run accidents can involve car vs. car, car vs. motorcycle, car vs. bicycle and car vs. pedestrian.
Drivers who are caught after fleeing the scene of hit & run accidents can face felony criminal charges if the accident caused injuries or death to a victim. Personal injury or wrongful death civil claims can also be filed in these cases to help the victim or victim’s family recover damages for medical expenses, property damage, and any pain and suffering resulting from the accident.
In cases where the hit and run driver cannot be located, the victim or surviving family member can pursue compensation by uninsured or underinsured motorist coverage.
Rear End Accidents
Rear-end accidents account for 28% car accidents, with 9% caused by lanes changes, according to the National Highway Traffic Safety Administration. Contributing factors include distracted drivers, weather conditions and nearby events on roads and highways.
Victims of rear-end accidents must show that (1) the other driver owed a duty of caution, (2) the other driver violated his duty because of a dangerous or negligent act such as speeding, talking or texting on a cell phone, or an improper lane change (3) the other driver’s dangerous or negligent act caused the rear-end accident, and (4) the victim ended up with injuries or property damage as a result of the accident.
A common presumption is that the trailing vehicle is always to blame in rear-end accidents. But in some cases this presumption can be rebutted if the facts show otherwise and circumstances indicate that the other driver was driving in an unsafe manner which caused the crash.
Texting and Driving Accidents
Distraction.gov has reported that drivers who text are 23 times as likely to be involved in an accident. If you were injured in a texting and driving accident, in order to receive compensation for injuries and property damage, it must be proven that the other driver’s distraction was the primary cause, which can include:
- Statements from eyewitnesses
- Reports filed by police stating that the other driver was texting
- Cell phone records
Uninsured Driver Accidents
According to Alabama law for uninsured driver accidents, a person is not required to have uninsured motorist insurance, but it protects you if you’ve been in an accident. If your insurance policy contains this type of coverage and your accident involves an uninsured or underinsured driver, you may be able to recover the full cost of the damages. If not, your insurance claim may not pay you enough to cover the costs of your injuries or lost wages.
If you were in an accident where the other driver doesn’t have insurance or not enough insurance, contact us immediately. If the other driver who was at-fault has insurance but not enough to cover your injuries and property damage, there are specific steps you must to take to protect your right to filing a claim for underinsured motorist coverage.