When you are in a car accident caused by someone else’s actions, the aftermath can be confusing, to say the least. You may find yourself seriously injured and unsure what you should do next. At Burns, Cunningham & Mackey, P.C., our Mobile, Alabama car accident attorneys are here to help.

The expenses that come after a serious accident can be staggering. Medical bills can stack up, and car repairs or replacement can be nearly unaffordable, especially if you’re unable to work. Our attorneys know these issues aren’t easy to face alone. We’re here to fight for your rights to compensation for these expenses, and more. Call us today at (800) 574-4332 for a free consultation and case review.

Don’t Get Trapped by the Insurance Company

After your wreck, you’ll need to report the incident to your insurance company, even if you weren’t at fault. Before you do so, however, it’s important you speak with an attorney. Your insurance adjuster may be the kindest person in the world, but they still have a job to do — and that job is to make sure the insurer pays out as little as possible on your claim.  Moreover, you will probably be approached by the wrong doer’s carrier, and they sure aren’t there to help you.

They do so by asking a series of questions that seem innocent enough, but can actually put you in a compromising situation if you reveal too much information or information out of context. Our attorneys know every trick in the book and can guide you through the information your insurance company is entitled to.

Alabama’s Negligence Laws

Alabama is the only state in the nation that still maintains a contributory negligence law. This means if you were even 1 percent at fault for your injuries, you aren’t able to recover. It seems unfair, and it is, but it’s the law. To better understand how this works, let’s look at an example:

Michael is driving on the highway in the rain, and is driving 10 MPH over the speed limit. Suddenly he comes upon a line of traffic, and rear-ends Holly, causing injury. However, Holly’s rear lights weren’t working, so Michael couldn’t see her car properly. Because Holly’s own negligent care of her car contributed to the accident, she likely won’t be able to recover compensation for her injuries.

The only exception in Alabama law is if the at-fault party acted with “wanton conduct.” This means they acted with conscious or reckless disregard for the safety and/or rights of others. In the above example, for instance, if Michael was driving drunk, that would be likely be considered wanton conduct.

Types of Compensation for Car Accidents

Depending on the severity of the car accident, you could be entitled to a variety of different types of compensation. These include:

  • Medical bills, both past and future
  • Lost wages
  • Pain and suffering
  • Property damage
  • Permanent injury
  • And more

In addition, if your loved one was killed in a car accident, your family may be entitled to greater compensation under Alabama’s wrongful death laws. Alabama is the only state in the country where the only remedy on a wrongful death claim is punitive damages.

It may also be possible to recover punitive damages, or those intended to punish the at-fault party, if you are injured in a car accident. However, punitive damages are rarely awarded, and are reserved for cases in which the at-fault party acted with malice or wantonness.

Speak with a Mobile Car Accident Lawyer Today

If you’ve been in a car wreck in Mobile, it’s important to speak with an experienced attorney quickly. Alabama’s statute of limitations is two years, meaning you have only two years after a car wreck to file a lawsuit.

Even if you are unsure whether you were partially at fault or not, give us a call today at (800) 574-4332 or contact us online for a free consultation. We’ll review the details of your case and explain your legal options after a car accident.


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