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Auto Accident Attorney in Alabama

Auto Accident Attorney in Alabama

Alabama is a “comparative fault” state. In Alabama, every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Alabama State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Alabama has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Alabama.

Minimum Alabama Car Insurance Cover

Alabama auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Alabama State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Alabama insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Alabama

Alabama is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Alabama Sue?

Alabama is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Alabama can also defend you against criminal charges

How many Auto Accidents in Alabama

Over 3,700 people are killed in auto accidents in Alabama each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Alabama State Government

The fatality rate on Alabama roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Alabama last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Alabama 2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Alabama
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Alabama saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Alabama roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Alabama

What do you do after a car accident in Alabama?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Alabama.

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Alabama

Is Alabama a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Alabama made up the largest share of the Alabama Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Alabama with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Alabama
  • Alabama Auto Accident Attorney Generalist
  • Alabama Insurance Auto Accident Attorney
  • Personal Injury Attorney in Alabama
  • Commercial Vehicle Auto Accident Attorney in Alabama
  • Uber Auto Attorney in Alabama
  • Lyft Auto Accident Attorney in Alabama

Alabama Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Alabama is two years from the date of the car accident (Sec. 16.003). The Alabama two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Alabama.

How long does an insurance company have to settle a claim in Alabama?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Alabama may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Alabama.
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Alabama insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Alabama may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Alabama?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Alabama Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Alabama car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Alabama a no-fault state

Alabama is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Alabama as PIP.  Every driver in Alabama is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Alabama for Personal Injury

Alabama uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Alabama Auto Attorney Insurance Claims Rights

According to the Alabama Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Alabama and consult an auto accident attorney in Alabama with immediate effect.

Over 72% of Auto Accident Attorneys in Alabama are hired to fight an individual’s own insurance company for a better deal.

Alabama State Auto Accident Demographics

Alabama (/ˌæləˈbæmə/) is a state in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama is the 30th largest by area and the 24th-most populous of the U.S. states. With a total of 1,500 miles (2,400 km) of inland waterways, Alabama has among the most of any state.

Alabama is nicknamed the Yellowhammer State, after the state bird. Alabama is also known as the “Heart of Dixie” and the “Cotton State”. The state tree is the longleaf pine, and the state flower is the camellia. Alabama’s capital is Montgomery. The largest city by population is Birmingham, which has long been the most industrialized city; the largest city by land area is Huntsville. The oldest city is Mobile, founded by French colonists in 1702 as the capital of French Louisiana.

From the American Civil War until World War II, Alabama, like many states in the southern U.S., suffered economic hardship, in part because of its continued dependence on agriculture. Similar to other former slave states, Alabamian legislators employed Jim Crow laws to disenfranchise and otherwise discriminate against African Americans from the end of the Reconstruction Era up until at least the 1970s. Despite the growth of major industries and urban centers, white rural interests dominated the state legislature from 1901 to the 1960s. During this time, urban interests and African Americans were markedly under-represented. Following World War II, Alabama grew as the state’s economy changed from one primarily based on agriculture to one with diversified interests. The state’s economy in the 21st century is based on management, automotive, finance, manufacturing, aerospace, mineral extraction, healthcare, education, retail, and technology.

Can someone sue you for a car accident if you have insurance in Alabama?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Alabama for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Alabama?

You must file an accident report with the Alabama Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Alabama

Do I need an Auto Accident Attorney in Alabama?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Alabama.  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Alabama

The average car accident compensation settlement in Alabama is $22,887 in 2018, according to the Alabama bureau of Statistics. The average auto accident payout by using an auto accident attorney in Alabama was $44,887.

Hit by a Drunk Driver in Alabama

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Alabama and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Alabama check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Alabama is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Alabama against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Alabama will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Alabama how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Alabama

What Damages can I claim for after a Alabama Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Alabama

Alabama uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Alabama increase my Pain and Suffering Payout

An experienced auto accident attorney in Alabama will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Alabama

Alabama does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Alabama, expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Alabama

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Alabama for a free consultation

Where do most Auto Accidents happen in Alabama

According to the Alabama Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Alabama happen in the following places:

(List of all areas in Alabama with more than 40,000 people)

Get an Auto Accident Lawyer in Alabama because the State Legal System is Complex

The Alabama legal system is complex and navigating Alabama personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Alabama should help reduce stress and maximize your financial compensation payout.