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.
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 – Traumatic brain injuries are relatively common after a car accident, but some are far worse than others. Concussions are among the more common TBIs, and they often heal without significant medical or pharmaceutical intervention. More serious traumatic brain injuries can leave a victim completely dependent on others for care, immobile, or unable to communicate. Everything depends on which part of the brain is damaged during the accident. Some victims see a full recovery, thanks to years of physical therapy, occupational therapy, speech therapy, and rehabilitative care. Others see a permanent change in their independence and quality of life.
- Cuts and lacerations
- Abrasions that can lead to infection or scarring
- Burns – Not only are serious burns extraordinarily painful, they can also inhibit your physical health and immune system, impact your quality of life and self-confidence, and limit mobility. Severe burns from a car accident can leave victims with third-degree or fourth-degree burns. The more skin affected by a burn, the greater risk a patient has of suffering lifelong health issues or death. Large swaths of burned skin leave victims vulnerable to infections that may become fatal. Third- and fourth-degree burns can also cause permanent nerve damage. This can leave victims with numbness, loss of sensation, or permanent scarring. Victims may be left with chronic pain and disfiguring injuries that limit their quality of life.
- Scarring
- Disfigurement or permanent disability
- Soft tissue injuries
- Nerve or muscle damage
- Spinal cord injuries – The spinal cord affects mobility and function of every part of the body, so spinal cord injuries can have a long-lasting impact on a victim’s life. The location of an injury determines which parts of the body are affected. For example, an injury to the thoracic nerves could lead to paralysis of the legs and lower body. Serious damage higher up on the spinal cord could lead to compete paralysis. The prognosis of a spinal cord injury depends largely on how severe it is and how quickly a patient receives medical care.
- Neck injuries, including whiplash
- Broken or crushed bones – Broken bones are common in a car accident, but some fractures are so severe that they are considered catastrophic injuries. In some cases, injuries are catastrophic because multiple bones are broken, and the healing process is long. When a patient is immobilized for a long time because of broken bones, they can experience serious muscle loss that requires physical therapy and rehabilitation. In other situations, the catastrophic injury is because of how the bone breaks. A clean break is easily repaired and set. However, a comminuted bone fracture that breaks the bone into three or more pieces requires more extensive surgery. The same is true for spiral fractures, segmental fractures, and compression fractures. On top of that, some bone fractures can leave sharp bone edges exposed, putting you at risk of organ damage or internal bleeding.
- Paralysis
- Amputations
- Organ Damage – Your body sustains an enormous amount of pressure during a car accident. If your organs sustain any of that pressure, perhaps because a seatbelt presses onto an organ or a broken bone pierces an organ, you could experience organ damage. This can lead to ruptures or internal bleeding, both of which can be fatal if not treated quickly.
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.
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.
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.
Keep in mind that Alabama maintains unfriendly shared fault rules when it comes to a plaintiff’s ability to recover compensation if they contributed to the accident in any way. Under the state’s contributory negligence legal doctrine, if you contributed to your accident at all, even one percent, you may be barred from recovering damages. As such, it is critical that you work with a skilled attorney who can assist you in building your claim and rebutting any allegations of shared fault made against you by an insurer.
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.
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