Every year, thousands of people are injured and killed in car wrecks on Alabama’s rural roads, highways, and interstates. Automobile Accidents can be caused by a number of factors, including:
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Unfortunately, the law in Alabama can be unfair to people injured in automobile accidents. For instance, Alabama still has the defense of contributory negligence, which effectively allows the at-fault driver and his insurance company to blame you - the victim. As soon as an automobile accident occurs, you can bet that the insurance companies quickly move into action to gather evidence with the express purpose of limiting their exposure.
What should I do if I am in an accident?
The first thing you should do after being involved in an accident is contact your insurance company. You may be entitled to certain no-fault medical coverage and they can likely assist you in getting your car repaired or replaced.
Should I give a statement?
The at-fault insurance company is not working for you! They are diligently trying to reduce their exposure. The adjuster’s job is to save money for their company and they do everything in their power to do so. Thus, it would be advisable to consider contacting a lawyer before giving any statements.
Can I trust my own insurance company?
While an insured should be able to trust his own insurance company, there are some situations where your own insurance company’s position might be considered adverse to your position. For instance, most people have Uninsured or Underinsured Motorist (UIM) Coverage. This type of coverage allows you to recover from your own insurance company if the at-fault driver is either uninsured or underinsured – that is, where your damages exceed the at-fault’s available coverage limits. There are Alabama cases which indicate that, in such a situation, the insurance company’s position is adverse to yours and they may not owe you the same level of good faith and fair dealing that you might expect. Consequently, it would be advisable to consider contacting a lawyer to advise you of your rights and responsibilities.
What types of damages are recoverable?
Under Alabama law, if you are injured in a car wreck, you might be entitled to recover compensatory damages for the following:
In addition, if there is evidence that the driver’s conduct was wanton, the jury may be entitled to award punitive damages to punish the driver and prevent future harm. This may occur where the driver is reckless or under the influence of drugs or alcohol.
From whom can I recover damages?
Who you can recover damages from is dependant on the facts of each case. Typically, you will be able to recover monetary damages from the at-fault driver.
If the driver is on an errand for his employer, the employer may also be liable to you.
Under some circumstance, the owner of the vehicle may be liable for negligent entrustment.
If the at-fault driver was served alcohol by an establishment in violation of Alabama, the bar or dram shop, might be liable to you.
At Pittman, Dutton, Kirby & Hellums, we regularly represent individuals who have suffered extensive, even fatal, injuries in automobile accidents. We understand that even the best drivers can be involved in a car wreck and you deserve to be fully and fairly compensated for your injuries. Our experience at handling car wreck cases across Alabama will simply the settlement process for you and will ensure that you have a dedicated law firm fighting for your legal rights.
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Contact Pittman, Dutton, Kirby & Hellums today!
If you or someone you know was injured in an accident or if you need a personal injury lawyer, contact Pittman, Dutton, Kirby & Hellums today. Our office is centrally located in Birmingham, Alabama, right next to the Jefferson Country courthouse. We have successfully represented clients in every county in Alabama.
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