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Month: November 2023

Here’s What To Do When You Get in a Car Accident in Alabama

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You’re driving to or from some errand when another vehicle rear-ends or T-bones your car. Now what? Do you have to call the police? Will you need an Alabama car accident lawyer?

The first minutes and hours after an accident can be extremely confusing. Knowing what to do when you get in a car accident will help protect your rights and improve your chances of claiming compensation for your damages. 

Steps To Take After an Accident

Even careful drivers who follow all car safety regulations can end up in an accident. If an unexpected collision disrupts your trip, here’s what you should do. 

Call the Police

If you or someone else needs urgent help after an accident, call 911. Even in non-emergencies, you should call the police to make a report. 

The Alabama Uniform Traffic Accident Report will play an important role in your claim process. Insurance companies look into police reports to investigate claims, confirm that an accident happened, and establish fault. Ensure you request a copy of the accident report and check it for accuracy. You may be able to request amendments to the report if it includes any incorrect information.

Exchange Information With the Other Driver

Write down the other motorist’s license plate number and exchange insurance and contact information. Try to stay calm and avoid confrontation. Also, avoid saying anything that could compromise your interests, like “I think this was partly my fault.”

Take Photos

If you can, take pictures before the area is cleaned up and important evidence disappears. Focus on important details like both vehicles’ position, damage to your vehicle, skid marks on the road, road conditions, and visible injuries. 

Talk to Witnesses

Did someone else witness your accident? Ask them for their information, including their full name, phone number, and address. Your lawyer or the insurance company may contact the witnesses later to confirm details about the accident.

Seek Medical Treatment

If you’re wondering what to do when you get in a car accident, seeking medical care should be a high priority if you’re injured. You must see a doctor for two reasons. First, you can’t rule out any serious or life-threatening injuries, even if you’re not in a lot of pain after an accident. You need a full check-up to determine your medical condition.

Second, post-accident medical records are crucial evidence for building a whiplash claim. This documentation will help establish a link between the accident and your injuries and help you get the treatment that you need.

Write Down an Account of the Accident

Memories that seem clear now may become fuzzy in a couple of days. Write down all you can remember about the accident, preferably with diagrams. Cover details like road conditions, weather conditions, and what happened in the moments leading to the accident. 

Call Your Insurance Company

You must contact your insurance company and let them know you suffered an accident. You’ll need to do this within the timeframe your policy requires, or you might be unable to use your coverage. 

When talking to your insurance agent, supply basic facts about the accident, like the time, date, place, and a brief summary of what happened. 

Be even more careful if the other driver’s insurer calls you to “verify details” or comes up with a compensation offer. The liable insurance company may try to trick you into saying something that could undermine your claim or pressure you to accept a settlement far below your claim’s worth. It’s better to delegate any communication with insurers to your car accident lawyer.

Call a Lawyer

Call an experienced car accident lawyer as soon as you can. When working with a competent lawyer shortly after your accident, you may have a better chance of settling your claim successfully and within a reasonable time. 

A skilled lawyer can source valuable evidence, establish liability, and give you an estimate of the damages you may claim. They will handle the entire personal injury claim process and help you avoid mistakes that could damage your case. Finally, working with a lawyer could save you stress and hassle at a time when you need to focus on recovery.

What If You’re Partly at Fault?

Often, vehicle accidents aren’t cut-and-dry events, with one side 100% responsible for the collision. You can still claim damages in many states if you’re partly at fault. However, Alabama practices pure contributory negligence, which means you usually lose your right to compensation if you carry even a small part of the fault for the accident.

There are some potential exceptions to the contributory negligence rule, such as:

  • Victims who are children under seven and people with mental incapacity
  • Wanton or reckless behavior on the part of the other driver

Alabama’s pure contributory negligence principle makes working with a skilled lawyer even more important. If you carry some of the fault for the accident, your attorney could see whether any of the exceptions apply to your case. For instance, if you violated a minor traffic rule, but the other driver was speeding with an extremely high blood alcohol content, you may still claim compensation based on wanton behavior.

Jackson & Foster: Trusted Representation for Car Accident Cases in Mobile, AL

Now you know what to do when you get in a car accident: report the collision, seek medical care, collect evidence, and call a lawyer. Whether you suffered an accident on one of the most dangerous roads in Mobile, AL, or anywhere else in the area, we at Jackson & Foster are here to advocate for your rights and fight for suitable compensation on your behalf.

Call 251-433-6699 or contact us online to schedule a free consultation today.

What Happens After a Deposition in a Car Accident Case in Alabama?

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Car accident victims usually seek compensation through a standard insurance claim process, but sometimes, settlement negotiations fall through. If this happens, your Alabama car accident attorney may file a lawsuit on your behalf. 

Personal injury cases will then proceed to the pre-trial discovery phase, which includes deposition, a type of formal out-of-court hearing. Find out what you should expect during this stage and what happens after a deposition in a car accident case.

What Is a Deposition?

A deposition is an official court hearing in the early stages of a lawsuit. Car accident depositions take place out of court and include giving testimony under oath. You, the other motorist involved in the collision, and available witnesses will give an account of what happened during the accident, including any possible violations of traffic rules or car safety practices.

Both sides’ attorneys will question the people giving testimony. This process helps lawyers understand how the accident happened, evaluate the reliability of witness testimonies, and estimate the extent of the damages. Depending on the case, deposition may conclude in a single hearing or spread out over multiple sessions that take a few days.

Your attorney will prepare you for the deposition and let you know what you can expect. They may advise you how to respond to certain questions the other side’s lawyer is likely to ask, and how to avoid making statements that may harm your case. 

What To Expect After a Deposition

What happens after a deposition in a car accident case may depend on how the hearing went and whether the other side is willing to offer a reasonable settlement.

Reviewing the Deposition Transcript

Within a couple of weeks, both sides will receive a transcript of the deposition hearing based on a verbatim recording by the court reporter. You and your attorney may review the transcript for accuracy. Let your attorney know whether you notice any mistakes or contradictions in the transcript.

Your attorney will evaluate how the deposition may affect the outcome of your lawsuit. If the lawyer determines your case needs another witness, they may call for an additional deposition.

Medical Examinations After Deposition

The defendant’s lawyer may request you to undergo a medical exam that confirms any accident-related injuries. You’d need to visit a doctor the liable insurer chooses. 

Settlement Negotiations

Settlement negotiations during the litigation process may include formal mediation. Mediation usually takes place once both sides have reviewed the information collected during discovery, including everyone’s deposition testimonies. Once this happens, both parties have a better understanding of their case and its likely outcome.

At this point, the liable insurance company may come up with a settlement offer. Your attorney will evaluate the offer and help you understand whether it reflects your claim’s worth. If the offer is reasonable, you may choose to accept it, and then your case will settle without a trial. You will collect a settlement, the case will close, and you won’t be able to make any future claims based on this accident. 

Should You Accept a Settlement or Go to Trial?

Going to trial with a car accident lawsuit always involves risk. The outcome can be unpredictable, meaning you could win a larger award than expected or walk away with nothing.

Usually, it’s in everybody’s interests to resolve the case before trial. Settling is more secure and means you’ll receive your payout more quickly, which is important when shouldering high upfront medical costs while unable to work. 

If the other side refuses to come up with a fair settlement offer and your attorney believes you have a solid case, you may choose to go to trial. Your lawyer will help you weigh the risks and benefits of settling versus going to trial, but the decision will ultimately be yours. 

What Happens During a Trial

If you decide to take your case to trial, your lawyer will help you prepare for testifying in the courtroom. Other people who may give testimony include witnesses who had seen the car crash and expert witnesses like medical professionals and accident reconstructionists. The other side’s lawyer may use your deposition to verify your statements. 

After hearing both sides, the court will issue a verdict and, if you win, determine your award. 

While only a small percentage of car accident lawsuits end in trial, you should choose a lawyer with a solid courtroom track record. You’ll have a better chance of resolving your case successfully when the other side knows your attorney is prepared to fight for you at trial. 

How Soon Does a Car Accident Case Settle?

If your case is relatively straightforward and the negotiations go smoothly, you may be able to reach a settlement within a few weeks of your deposition hearing. More complex cases could take a few months or longer. Your personal injury lawyer can give you a time estimate based on their experience in similar cases.

Jackson & Foster: Helping Car Accident Victims Seek Justice in Mobile, AL

No one wants to be counted among the car accident statistics in Mobile, AL, but when the unexpected happens, you need a trusted legal team to advocate for your rights. Contact us at Jackson & Foster to learn what to do after an accident, what happens after a deposition in a car accident case, and how our skilled lawyers can help you claim compensation for your damages.

Call 251-433-6699 or fill out our online form to schedule a free consultation today.

Mobile Car Accident Statistics

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Did you know that Alabama is among the states with the highest number of fatal crashes? According to the NHTSA (National Highway Traffic Safety Administration), Alabama has a higher death rate per capita due to car accidents than 43 other states.

What else should you know before getting behind the wheel in Mobile?

This article highlights important Mobile, AL car accident statistics.

Why You Should Know Mobile Car Accident Statistics

Having some context about car accident figures in Mobile, AL, can potentially prevent future accidents and make every driver and passenger more aware of road safety.

At the heart of being informed is a push to increase public awareness with the hopes of identifying high-risk areas and prompting law enforcement to take action. For example, Drive Safe Alabama reported in 2021 that there were 125 pedestrian fatalities in the state.

Reporting this figure can help improve safety in the following ways:

  • Drivers should be on the lookout for pedestrians and respect their right of way
     
  • Parents teaching new drivers could emphasize the importance of being aware of crosswalks and obeying right-of-way laws.
     
  • Law enforcement may decide to strictly enforce jaywalking, while also ticketing vehicles who do not stop at crosswalks when a pedestrian is crossing.
     
  • Municipalities may want to consider adding more crosswalks, sidewalks, or adding other safety measures.

It can also be helpful to know which roads and intersections are most dangerous in an area. While you might not be able to avoid these areas altogether, if you’re aware of the added risk, you can take extra precautionary safety measures.

For example, you can carefully check before making a turn, confirm everyone has their seatbelt on, and keep your phone out of reach. These defensive driving techniques can prevent an accident and potentially even save multiple lives.

The NHTSA tracks locations with the highest number of fatalities. In Mobile, the most dangerous road to be on is Government St.

Mobile, AL Car Accident Stats

The following statistics will give you a general idea of what to expect as a driver in Mobile, AL, and throughout the state.

  • 90% of Alabama drivers will be in a car accident at some point during their lives
  • A traffic collision occurs every 3 minutes and 27 seconds in Alabama
  • More crashes occur on Friday than any other day of the week
  • Most car crashes occur within 25 miles of home
  • One in three drivers in Alabama is expected to be involved in an injury crash or a fatal crash in their lifetimes

Distracted Driving Statistics

People tend to drive on autopilot, especially when they traverse the same routes each day, or they’ve been driving for years (or decades).

Whether you’re brand-new to the road or you’ve been behind the wheel before Alabama passed the seatbelt law, paying attention to the road in front of you and avoiding distracted driving is one of the best ways to avoid an accident.

Here are some eye-opening stats from Drive Safe Alabama about Mobile, AL, texting and driving accidents:

  • Drivers who text are 23 times more likely to get into an accident
  • There were 49 Alabama fatalities in 2021 attributed to distracted driving
  • Pedestrians are more likely to be hit when they are distracted by their phones

To put it another way, the NHTSA compares texting and driving with driving the length of a football field (100 yards) with your eyes closed. The behavior has also been compared to chugging four beers in an hour and then getting behind the wheel.

To be clear, texting and driving isn’t the only form of distracted driving that is dangerous. Other forms of distracted driving include:

  • Talking on the phone
  • Eating or drinking
  • Adjusting radio dials or on-screen controls
  • Checking a GPS or looking at directions
  • Interacting with other passengers (including kids)
  • Applying make-up or other types of grooming

All of the above activities can result in taking your eyes off the road, which serves to lengthen your reaction time. As a result, it’ll take longer to respond to sudden movements or obstacles in the roadway. Even a split-second delay can result in a serious crash.

If the above information sounds like common sense, it is. According to recent AAA surveys, 96% of people know that texting and driving is dangerous, but 68% of drivers admit to doing it anyway.

Trending Car Accident Statistics

As people become more aware of the dangers of unsafe and distracted driving, one would hope that statistics would begin to improve. However, the opposite has been true during the period between 2010 and 2019.

Here are some highlights reported by the Alabama Department of Transportation:

  • The number of crashes is up 23.91%
  • Fatalities are up 7.89%
  • Injuries are up 21.10%

While there are more new drivers on the road, the number of novice driver and new vehicle registrations is not commensurate with these statistics. For example, the number of licensed drivers has increased by 6.38%, and new vehicle registrations have gone up by 13.72% in the same period.

The increase in car accidents is considered a nationwide phenomenon, and trend has continued from 2020 to the present. The theory is that drivers are more willing to engage in risky behavior like speeding, driving under the influence, and eschewing seatbelts.

Injured in a Car Accident? Contact Jackson & Foster Law Today

No matter how safe of a driver you are, accidents can still happen. Ultimately, if another driver is careless or distracted, it can lead to an injury crash. When that happens, it’s important to enlist experienced legal representation to negotiate with the insurance companies for a fair settlement.

Ready for another statistic? According to the Insurance Research Council, car accident victims with legal representation received settlements 3.5 times higher than those who dealt directly with the insurance companies.

To find out how much your Mobile car accident case could be worth, contact Jackson & Foster Law at 251-433-6699 for a free consultation.

Can I Be Reimbursed For Lost Wages?

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Did a car accident leave you with injuries that have caused you to miss work? If so, you might be wondering if the at-fault driver is required to reimburse you for lost wages. The answer to this question is usually yes, but there are some things you need to know first.

This article goes more in-depth to answer the question, “Can I be reimbursed for lost wages after a car accident?”.

Proving Lost Income in a Personal Injury Claim

To be reimbursed for lost wages, the reason you’re calling out must be directly related to the injuries you sustained in the accident. Though this might seem like common sense, there are some steps you’ll have to take to prove that you are entitled to be reimbursed for lost wages.

Forms of proof that may be used to get reimbursed include the following:

  • A note from your doctor that documents your injuries and cites the accident as their cause
  • Evidence that your injury is preventing you from working

It’s possible that your physician will “clear” you to go back to work but prescribe “light duty” or different assignments. If these alternatives cannot be accommodated by your employer, you could still be eligible for lost wages reimbursement.

Wages That May Be Reimbursed

In many cases, the wages you’re losing are more than just your hourly pay. Depending on the situation and how your employer has allocated your compensation, you may be eligible for reimbursement for the following:

  • Base hourly pay or salary
  • Overtime pay
  • Comp time or other bonus PTO
  • Performance-based commissions that you habitually receive
  • Scheduled pay increases
  • Benefits you are missing out on
  • Retirement fund or pension contributions
  • Reduced earning capacity

If you are fortunate enough to have a bank of sick days and vacation days, you can potentially use these to maintain a steady paycheck and avoid harming your working relationship with your employer while you recover.

What If I’m Self-Employed?

Even if you’re not on salary from an employer, you can still be compensated for lost earnings. The only difference is that you may have to prove your compensation through other means than paystubs.

Again, how you structure your compensation will influence how much money you can get and the required proof of documentation. Typically, tax returns, profit and loss statements, or accounting documentation can serve to prove how much you are owed.

Contact an Experienced Personal Injury Attorney Today

A primary concern accident victims have is paying their medical bills, but lost wages can also be significant.

For help avoiding a lowball settlement, contact Jackson & Foster Law at 251-433-6699 for a free consultation.

Loss of a Loved One After Fatal Car Accident

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Losing a loved one after a fatal car accident is devastating. While you’re deep in the grieving process, you must also deal with many practical and financial hurdles, and you may ask, “How do I seek justice for my family?”

If you believe another motorist’s actions led to your loved one’s tragic death in a vehicle crash, contact our legal team at Jackson & Foster Law. Our experienced wrongful death lawyers will evaluate your case and help you take legal action to fight for what you are owed. 

Are You Entitled to Compensation If Your Loved One Dies in a Car Crash?

Here’s one important thing to know about wrongful death cases, including fatal car accident cases, in Alabama: the only compensation available to victims’ families consists of punitive damages. 

In other states, surviving family members can often pursue compensatory damages like medical expenses, funeral costs, and loss of financial support. In Alabama, punitive damages are your only recourse. To win this type of award, you must prove fault. 

In many cases, you and your lawyer will need to show that:

  • The other motorist involved in the accident acted negligently (for example, exceeded the speed limit or drove while intoxicated)
  • That motorist’s actions led to your loved one’s fatal vehicle accident

The outcome of your case will usually depend on presenting compelling evidence like photos of the accident scene, dash cam footage, witness testimonies, medical records, and the police accounts of the scene. 

What If Your Loved One Was Partially Responsible for the Accident?

Often, both sides’ actions contribute to a car accident in different proportions. While the majority of states allow the victim’s family to seek compensation even if the victim was partially responsible, Alabama is a pure contributory negligence state. This means that if your family member carried even 1% of the fault for the accident, you may not be able to pursue a wrongful death claim. 

The other side may use Alabama’s contributory negligence laws and try to pin the responsibility on your family member. That’s one reason why losing a loved one after a fatal car accident in Alabama means you need skilled legal help.

What Happens If Your Loved One Was a Passenger?

If a motorist in another vehicle caused the crash, it usually makes no difference whether your loved one was the driver or a passenger.

However, if your family member rode with a negligent driver, and that driver was responsible for the accident, your only way to pursue a wrongful death claim may be if you can prove serious misconduct, like intoxication, or if your family member provided compensation for the ride. Our lawyers will investigate all the circumstances of your family member’s accident and help you understand your legal options. 

Can You File a Wrongful Death Lawsuit?

Only the deceased victim’s personal representative can file a wrongful death lawsuit in Alabama. Whoever your loved one named as their representative in a valid will must take legal action. If your family member left no will, the court will appoint a representative. The timeframe for wrongful death lawsuits is usually two years from the victim’s passing.

If you’re a parent who lost a minor child under 19, you can pursue a wrongful death lawsuit even if you’re not your child’s personal representative, provided you file within six months of the victim’s death. After this time, only the minor’s court-appointed representative can take legal action.

Compensation You May Expect

Because punitive damages are the only type of compensation for surviving family members in Alabama, it can be hard to tell how much your wrongful death case may be worth.

While compensatory damages may be more predictable, punitive damages depend a lot on the jury’s discretion. The court may consider the severity of the defendant’s transgressions, any elements of malicious conduct, and even the defendant’s ability to pay. 

Who Collects Compensation?

Although the decedent’s personal representative files the lawsuit, any punitive damages award goes directly to the family based on intestacy laws. For instance:

  • If the decedent has a surviving spouse but no children, the spouse collects the entire award
  • If the decedent had children but no spouse, the award goes to children in equal shares
  • If the decedent had both a spouse and children, the spouse receives $50,000 plus half of the remainder, while the children share the rest 

Why You Need a Stellar Wrongful Death Lawyer

Working with a competent fatal car accident lawyer is crucial in Alabama because you can only seek punitive damages and may have to prove that the other side was 100% responsible for the accident. You need a seasoned lawyer with solid trial experience who will advocate for your interests and protect you from the other side’s attempts to deny your claim. 

At Jackson & Foster Law, we have almost four decades of legal practice representing families who lost their loved ones in fatal car accidents. Our hardworking, efficient legal team can:

  • Assess your case and let you know whether you have a wrongful death case
  • Gather compelling evidence for a powerful claim
  • Provide end-to-end legal support relating to your claim to minimize stress for you and your family during this difficult time
  • Fight for your rights in the courtroom and use every available legal strategy to help you win compensation

At Jackson & Foster Law, we handle fatal car accident cases on a contingency basis, so you’ll only pay if we secure a settlement or verdict.

Jackson & Foster Law: Powerful Representation for Your Car Accident Wrongful Death Case in Mobile, AL

While nothing will truly compensate you for losing a loved one after a fatal car accident, our skilled wrongful death attorneys can help you pursue a wrongful death lawsuit and fight for a recovery. Contact our hardworking team at Jackson & Foster Law today.

Call 251-433-6699 or complete our online form for a free case evaluation.