Mobile, Alabama Car Accident Attorneys

Driving a car in America is so common that hardly anyone thinks twice about it. In fact, data shows that about 95 percent of American households own a motor vehicle, and that only about five percent of Americans use public transportation to get around. With over 260 million automobiles on American roadways, it’s no wonder that car accidents are nearly as common as is driving itself.

This rings true in Alabama, too, where there was a traffic crash reported once every 200 seconds in a single year, and a person was injured in a motor vehicle accident once every 11 minutes, according to Drive Safe Alabama.

While car accidents may be common, they are not inevitable. In fact, most of the time, they occur as a result of negligence and preventable error. If you have been injured in a car crash, our motor vehicle accident attorneys at the law office of Burns, Cunningham & Mackey, P.C. can assist you in navigating the claims process and recovering compensation for your injuries. Please get in touch with us today for your free consultation.

Who Pays My Medical Bills After I’ve Been Injured in a Car Accident?

When a car accident occurs, medical bills often pile up. This can leave an accident victim with questions and worries about who will pay their medical expenses, and what will happen if they can’t pay. If you’ve been involved in a crash in Mobile, meet with our Alabama car accident lawyers today for a consultation about your crash and your options. In the meantime, consider the following about how medical bills are often paid after a crash:

Health Insurance

The first thing that you should know about being involved in an accident and requiring medical care is that when it comes to medical expenses, you are responsible for these bills. Typically, however, you will be compensated by a source of insurance. For most people, personal health insurance coverage is the first type of coverage to kick in.

If you have health insurance coverage or Medicare, you can submit your doctors’ bills to your insurer. You will still be liable for any deductible that is required by your policy, and may also be liable for bills that your health insurance carrier denies (if the services received are not covered under your policy). Note that if a health insurance provider covers your medical expenses and then you later receive compensation for medical expenses from the at-fault party, your health insurer may seek reimbursement.

Medical Payments Coverage

In Alabama, drivers are required under law to carry bodily injury liability and property damage liability coverage, but they also have the option of purchasing additional coverage, including medical payments coverage. If you are harmed in a car accident, your medical payments coverage will pay for your injuries, up to your policy amount, regardless of who is at fault for the crash.

The Other Driver’s Insurance

When a car accident occurs, the law holds that the at-fault driver is responsible for paying for damages that result. And because liability insurance is required in Alabama, if you believe that your accident would not have occurred but for the actions of the other driver involved in your crash, you can file a claim directly against that driver’s liability insurance coverage (or you can file a lawsuit directly against the driver). You are entitled to compensation for the full value of your medical expenses.

In the event that the other driver doesn’t have insurance or doesn’t have enough insurance to pay for your losses, you also have the option of filing a claim with your own uninsured/underinsured motorist coverage if you have this type of coverage. Uninsured/underinsured (UM/UIM) insurance covers “bodily injury” damages, but not property damage. In short, it provides coverage for all of the same personal injury damages that you would able to recover against an at fault driver. Those damages include medical bills, physical pain and suffering, emotional pain and suffering, permanent injuries, disfigurement, loss of the ability to earn a living and lost wages, past and future. Your spouse may also maintain a claim for loss of consortium (also known as loss of services) subject to the same individual coverage available to you.

How are Damages Calculated in Alabama Accident Cases?

Calculating damages is a complicated process, and this process will vary with each case depending on the individual circumstances.

Were you Partially at Fault for the Accident?

Before discussing how are damages are calculated in Alabama accident case, we must first determine whether you are entitled to any damages or not. Alabama is one of the few states in the nation that applies the defendant-friendly “contributory negligence” legal standard. Under this standard, if an injured party is found to have “contributed” in any way to the underlying accident, they can be barred from recovering any compensation at all.

Most other states apply some type of comparative negligence standard, which means that an injured party could still collect damages even if they were partially at fault. Their damage award is reduced in proportion to the percentage of fault they share, but they are still able to recover some compensation when they get hurt in an accident.

Contributory negligence is a much higher bar to clear, and this is one many of reasons it is vitally important for someone who is injured in an accident in Alabama to get an experienced attorney involved as early as possible. Without strong legal guidance, it is very easy to make a critical mistake that the other side will seize upon in order to deny you the compensation you rightfully deserve.

Types of Damages Available from Alabama Accident Cases

Assuming you are able to prove that the other party is 100% at fault for the accident, there are several different types of damages that can be recovered. Compensatory damages can be divided into two general categories:

Economic Damages

These are actual monetary losses the injured party incurs, and they are fairly easy to quantify.  Damages in this category may include:

• Medical Bills: Medical costs are among the largest expenses that an accident injury victim will incur. Through an injury claim, damages can be sought for expenses such as hospitalization costs, costs for surgeries and other types of medical treatment, rehabilitation, and ongoing medical care (in the event of a long-term or permanent injury).
• Lost Wages: When someone gets hurt in an accident, they often need to miss a good number of days from work while they are recovering. Lost wages for days missed from work should be fully compensated.
• Loss of Future Earning Capacity: If an accident victim suffers a long-term or permanent injury, they may not be able to go back to work for a while (if they are able to return to work at all). When this is the case, you must calculate the value of wages you could have reasonably been expected to earn in the future.
• Property Damage: In many accident cases, there is property damage in addition to physical injuries. For example, in the case of a car crash, there is most commonly damage to the vehicles involved.

Non-Economic Damages

These are damages that, although they are real, they are more intangible and difficult to quantify. Non-economic losses may include:

• Pain and Suffering: Damages for the excruciating physical pain and suffering an injury victim has to endure after an accident.
• Psychological Distress: In addition to physical pain, there is also a high amount of emotional pain; such as fear of an uncertain future, anxiety, sleepless nights, and similar problems.
• Diminished Quality of Life: An injury victim may not be able to participate in the same activities they once enjoyed, such as running or playing a certain sport.
• Loss of Consortium: When there is serious injury or death, someone who is close to the victim may be able to pursue damages for loss of consortium and in the case of a wrongful death, loss of companionship, guidance, and support.

Top Causes of Car Accidents in Alabama

While some car accidents may occur as a result of things like unsafe road conditions, vehicle defects, poor weather, or an animal darting out into a car’s path unexpectedly, the majority of car accidents happen because drivers operate their vehicles carelessly and unsafely.

Some of the top causes of car accidents include:

• Speeding;
• Drunk driving;
• Reckless driving;
• Driving too fast for conditions;
• Failure to yield;
• Running a red light or stop sign;
• Driving while distracted/texting while driving;
• Driving while intoxicated or impaired;
• Driving while overly fatigued;
• Driving aggressively;
• Tailgating;
• Cutting off another driver; and
• Illegally changing lanes.

When an accident is caused by the fault of another driver and you suffer injuries, you maintain the right to file a claim for compensation.

Rollover Accidents

In this type of crash, a vehicle turns onto its side or roof before stopping. Crashes are typically defined as either tripped or untripped. Tripped rollovers are caused by a collision with another vehicle or object. Imagine a tripped rollover occurring when you strike another vehicle and the force pushes your car to the side. But instead of sliding, the vehicle turns onto its side. Tripped crashes may also occur when you strike a signpost, median, or other object. The NHTSA indicates that many crashes are caused by guardrail collisions.

Untripped accidents are those that do not involve a collision with another object. For example, taking a tight turn at too high of a speed may cause the vehicle to tip over and experience a rollover accident. Per the NHTSA, many of these collisions are caused by soft soil and steep slopes.

Rollover Accident Statistics and Why These Accidents Are So Dangerous

Compared to many other types of car crashes, rollover accidents are extremely dangerous and likely to cause severe injuries or fatalities. Safer Car, which is powered by the National Highway Traffic Safety Administration, indicates that just over 2% of all vehicle crashes are rollovers. The same data shows that 35% of fatalities in passenger vehicle crashes come from rollover crashes. This is a startling difference, and one that highlights the likelihood that victims of a rollover accident will sustain severe or life-threatening injuries.

One of the main reasons that rollover crashes are so dangerous is that they have multiple points of impact. Consider a rear-end accident; even if the driver behind you plows into you at high speed, the force is absorbed entirely by the back end of the vehicle, limiting damage to the sides and front of the vehicle. A rollover crash has multiple points of impact, often including both the driver’s side and the passenger’s side. When a car completely flips, the roof can also absorb impact, causing it to cave in and trap people.

Causes of Rollover Accidents

Though rollover accidents are rare, they have a significant likelihood of being deadly or serious in nature. For that reason, it’s crucial to know why these accidents occur and which conditions make them more likely. Common causes of these crashes include:

• Vehicle shape and design. SUVs, vans, and trucks are much more likely to be involved in rollover accidents than conventional passenger cars. Their higher center of gravity makes them more likely to tip than slide, putting drivers and passengers at risk. Although manufacturers have added different design and safety features over the years to minimize this risk, the disparity in accidents still exists.
• Driving too fast for conditions is a common trigger for a rollover accident. Taking a turn or curve at a high speed is especially dangerous for those in vehicles with a higher-than-average center of gravity.
• Tire grip. Tires with minimal grip or too much grip can increase the risk of a rollover accident.
• Outside obstacles. Outside obstacles are involved in the vast majority of rollover crashes. In many situations, a driver collides with an obstacle and the collision causes the rollover. In other situations, a driver may swerve to avoid an obstacle and roll their vehicle over while swerving or trying to correct.

Reckless Driving

Under Alabama law, someone who drives with wanton disregard for other people or their property, or without proper caution and care, is guilty of reckless driving. Drivers charged with reckless driving often receive other tickets for speeding, failing to yield right of way, failing to use turn signals, driving too fast for conditions, following too closely, and other unsafe driving behaviors.

Remember that civil lawsuits are different from criminal charges. If the other driver is ticketed and charged with reckless driving, you still need to pursue compensation through insurance or a civil lawsuit. However, their charges can be helpful evidence in a civil case.

Injuries Caused by Reckless Driving

Reckless driving causes a substantial amount of injuries and fatalities every year. Injuries that are commonly caused by reckless driving include:

• Traumatic brain injuries, including concussions and more serious forms of TBI
• Cuts and lacerations
• Abrasions that can lead to infection or scarring
• Burns
• Scarring
• Disfigurement or permanent disability
• Soft tissue injuries
• Nerve or muscle damage
• Spinal cord injuries
• Neck injuries, including whiplash
• Broken or crushed bones
• Paralysis
• Amputations

The cost of treating these injuries are often extremely high. Consider everything that goes into transporting you to a hospital, assessing your injuries and performing proper medical screenings, setting up a treatment plan, monitoring you, and performing ongoing care until your injuries are fully healed. Some injuries require long-term or lifelong care. For example, someone with a severe traumatic brain injury could become paralyzed and require rehabilitative care for the rest of their life.

Drowsy Driving Accidents

The term “drowsy driving” covers a wide range of behaviors. In some cases, people drive while fatigued without even knowing that they are putting themselves and others in danger. In other cases, people know they should not be driving but decide to take their chances anyway. Driving while fatigued may happen due to:

• Fragmented or interrupted sleep the night before
• Insomnia, narcolepsy, and other disorders that interfere with regular sleep
• Long drives that cause mental and physical fatigue
• Sleep aids and certain medications
• The use of alcohol and drugs
• Third shift work that interrupts an individual’s sleep cycles

Drowsy Driving Statistics

The statistics behind drowsy driving are startling and will likely make you think twice about getting behind the wheel when you’re already yawning. The NHTSA reports that around 800 individuals die in drowsy driving accidents in a single year.

They indicate that drowsy driving crashes are more likely to occur between 12:00 A.M. and 6:00 A.M. and in the late afternoon, when people start to experience dips in their energy levels. Many drowsy driving accidents occur when the driver is alone and has no passengers to help them stay awake. Quite a few of these crashes take place on rural roads and highways, where lighting tends to be sparse and it is easy to drift off.

Distracted Driving Accidents

The term “distracted driving” is intentionally vague, designed to capture all the possible ways drivers can split their attention while on the road. As technology evolves, drivers have more and more ways to distract themselves when their mind wanders.

The term “distracted driving” encompasses all current and potential distractions, including:

• Texting or any other use of a phone. This is perhaps the most widespread and egregious form of distraction that motorists face. Texting while driving has grown rapidly as the world has become more connected, leaving people unable to wait a few minutes to reply to messages. Looking away from the road for a fraction of a second can cause a serious or even fatal crash.
• Eating or drinking. In today’s world, everyone is busy. However, eating and drinking is a form of distracted driving, so save the snacks for when you reach your destination.
• Music dials, touchscreen apps, or GPS technology. Many drivers think it takes just a second to change the radio station, double-check their GPS directions, or change the in-vehicle touchscreen display. These are all forms of distracted driving.
• Chatting with passengers is a good way to stay awake during long drives, but this can also distract you. Ensure that your focus is fixed on the road ahead of you and your surroundings.
• Looking for something in the car. Whether you’re looking for your keys or your screaming baby’s dropped toy, looking for a lost item can put you at risk of an accident.
• Smoking splits your mental attention and physical attention, putting you and everyone else on the road in danger.

What Percentage of Car Accidents Are Caused by Human Error?

One of the primary agencies that conducts research on roadway and driver safety is the National Highway Traffic Safety Administration. In a study looking at critical reasons of car accidents, they found that 94% of car accidents are caused by drivers. Vehicles, environmental factors, and other unknown reasons are responsible for 2% of crashes each.

Within the category of driver-caused crashes, there are several additional categorizations, including recognition errors, decision errors, and performance errors.

Recognition Errors

Recognition errors are those caused by a driver failing to identify, see, or recognize an obstacle or change in road conditions. If a driver fails to pay attention to the road, is distracted while driving, or isn’t properly watching conditions around them, a recognition error could cause a crash. About 5.7% of fatal crashes are caused by distracted drivers.

Decision Errors

If a driver is properly watching the road and the conditions around them but does not properly assess the safety of a specific choice, they could be guilty of a decision error. Common decision errors include:

• Driving too fast for weather conditions
• Misconstruing others’ actions
• Performing illegal maneuvers
• Misjudging other drivers’ speed
• Misjudging distance between cars
• Driving too fast around a curve

These are significant factors in many fatal crashes. Nearly 17% of fatal crashes are caused by driving too fast for conditions or driving higher than is legally permitted. Failure to yield right of way is responsible for more than 7% of fatal crashes and failing to obey traffic signals or signs causes another 4% of fatal accidents.

Performance Errors

Performance errors are those caused by actual physical mistakes made by drivers. Again, these are separate from decision errors, which are errors in judgment. Performance errors occur when you recognize a threat, properly assess it, but err in your physical execution. Examples include poor directional control and overcompensation. Overcorrecting causes 3.5% of fatal car crashes in the United States and failure to stay in proper lane causes more than 7% of fatal accidents.

Keeping Yourself Safe on the Road

While you cannot control how others drive, you can protect yourself from distracted drivers to some extent. Use these tips to keep yourself and your passengers safe:

• Stay aware of your surroundings. If you see another driver checking their phone as they drive by, drop back and put distance between you and them.
• Watch out for signs of distracted driving. A nearby vehicle swerving or randomly changing speeds could be under the control of a distracted driver.
• Maintain proper distance between your car and other vehicles. Even if other drivers are distracted, you can protect yourself by leaving enough distance to react and avoid crashes if other drivers suddenly change lanes or slam the brakes.
• Avoid distractions. You want to protect yourself from other drivers, but make sure that you are not engaging in distracted driving. It’s easy to be lulled into a false sense of security and think that checking your phone takes “just a second.” Consider putting your phone in an unreachable location while you’re driving or allowing a passenger to take over GPS directions for you.

What You Need to Prove in a Car Accident Claim

Alabama maintains traditional tort liability rules when it comes to car accident claims, which means that an at-fault driver is responsible for paying for damages suffered by the not-at-fault driver. In order to recover compensation from the at-fault driver, then (or more likely, the at-fault driver’s liability insurer), you will need to prove that:

• The driver acted in a manner that was negligent and outside of the realm of what a reasonable person in the same situation would do;
• That the driver’s negligence was the proximate cause of your car accident; and
• That you suffered injuries and damages as a result.

How Our Skilled Alabama Car Accident Lawyers Serve You

Maximizing your compensation award after a car crash requires more than just filing a claim for damages and hoping for the best. You will need to prove the fault of the defendant, demonstrate that you did not contribute to the accident, and substantiate the extent of damages you have suffered. Our lawyers help you build your claim and get the maximum amount of compensation you deserve by:

•  Investigating your accident. Identifying the at-fault party and gathering evidence to support this claim as early as possible is critical, especially as certain evidence types may be destroyed soon after an accident. The earlier you call us, the earlier we can begin investigating your accident and collecting essential evidence.

• Working with various experts. Our law firm has the resources necessary to hire various experts to investigate and build your case, including accident reconstruction experts, forensic experts, and medical professionals. An expert’s opinion can help shape the outcome of your case.

• Managing and organizing all claim-related documents. When filing a claim, you will need to present evidence of fault and damages, which might include everything from photographs to medical records to police reports and more. We collect and organize all claim documents and manage the presentation of these documents to an insurer on your behalf.

• Reviewing and negotiating your claim. Our job includes sending a demand letter to an insurer requesting compensation, reviewing a settlement offer and advising you regarding whether to accept or reject it, and negotiating the settlement offer to get you the largest realistic settlement award possible.

• Trial Experience. Our lawyers have trial experience, and we are not intimidated by the prospect of going to court and fighting for a settlement via litigation. While our goal is to settle your case out of court to save you time and money, we will do what it takes to get you the just compensation you deserve.

Time Is Ticking – Take Action Today

Not only must you act quickly for the purpose of preserving evidence related to your claim and improving your chances of recovering your settlement award sooner rather than later, but you must also take the state’s statute of limitations into consideration. In Alabama, an injured party only has two years from the date of an accident to bring forth a claim for damages; if you wait longer than two years, you will most likely be barred from recovery. We recommend calling a car accident lawyer as soon as possible.

Schedule Your Free Consultation With Burns Our Experienced Car Accident Injury Attorneys Today

Some car accidents are extremely traumatic, leaving victims with permanent and debilitating injuries that can shape the course of their lives. If you have been seriously injured in a car accident, you need legal representation; hiring a lawyer significantly improves your chances of recovering the largest settlement award possible.

When you call the law firm of Burns, Cunningham & Mackey, P.C., our skilled Alabama auto accident lawyers will work hard for you. We work on a contingency fee basis, never ask for upfront payment, and always offer consultations free of charge. To schedule your free consultation today, please stop by our Mobile office, send us a message online, or call us at 800-574-4332.