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Faye Murry

Five Steps To Build a Whiplash Claim After a Car Accident

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Whiplash is a common injury in car accidents. Although people usually achieve a full recovery from whiplash, some suffer long-term pain and damage.

When filing a whiplash claim after a car accident in Alabama, you can expect the at-fault driver’s insurance to cover your medical bills, lost wages, and other accident-related losses. The following five steps are crucial for building a strong claim after whiplash injuries. 

If you suffered a serious injury, consult an experienced car accident lawyer in Mobile, AL. Working with an attorney will make it easier to build a strong insurance claim and negotiate suitable compensation. 

What Is Whiplash?

Whiplash is a type of neck injury. It often happens in car accidents when the vehicle stops abruptly, and the victim’s head moves quickly back, then forward (like a whip). Whiplash can damage discs, soft tissues, muscles, and tendons in the neck. 

Whiplash symptoms can start immediately after an accident or develop up to 24 hours later. Signs of a whiplash injury include the following:

  • Neck stiffness and pain
  • Back, shoulder, and arm pain
  • Dizziness and headaches
  • Reduced mobility in the neck
  • Numbness and tingling in the hands or arms
  • Tinnitus
  • Insomnia
  • Blurred vision

If you only suffer a minor case of whiplash, you may recover with a few days of rest and OTC pain relievers. However, for more serious injuries, you may need prescription meds, muscle relaxants, and a course of physical therapy. You may also have to wear a neck brace for a while.

What To Do After a Whiplash Injury

Building a solid whiplash claim starts right after an accident, when you may not know yet that you’ve suffered whiplash or how serious your injuries are. These five steps will help protect your rights when dealing with insurance companies. 

1. Seek Medical Treatment 

Whiplash often doesn’t announce itself immediately after a car accident. You may feel fine at first, but only a full medical evaluation will give you an accurate picture of your condition. You must see a doctor ASAP after the collision to protect your health and receive treatment recommendations.

When you file a claim, you’ll also need medical documentation like emergency room records, discharge paperwork, and diagnostic scans. Save every medical record and bill, as these might become vital pieces of your legal puzzle.

2. Follow Your Treatment Plan

Be sure to follow your doctor’s treatment recommendations. This is important for your health and your claim.

Having records of ongoing care (like follow-up appointments or physical therapy sessions) will help prove you’ve suffered a serious injury and reinforce your claim. The other side’s insurance company and/or lawyer may look for any excuse to argue that your condition isn’t that serious, so you must be able to show you’ve been undergoing treatment.

3. Gather Evidence

Apart from your post-accident medical records, gather all available evidence of the accident. Your medical information from before the crash can be useful in whiplash claims since it may help prove you had no preexisting neck or back conditions. 

Other useful evidence includes the police report of the accident, witness testimonies, photos of the accident scene, dash cam footage, and your employment records documenting missed work days. 

4. Communicate With Insurance Companies

Your coverage terms probably state that you must inform your insurer of the accident shortly after it happens. You’ll also need to communicate with the at-fault driver’s insurer.

Whether an insurance adjuster talks to you on the phone or sends you documents to fill out, don’t say more than necessary. Speaking with a lawyer can help with this process. 

5. Consult a Lawyer

If you sustained serious injuries, you may have to negotiate a large, complex claim that includes factors like long-term prospective medical costs and reduced employability. In this case, you should consult an experienced local car accident lawyer, preferably before you talk to the other driver’s insurance company.

Your lawyer can calculate the realistic worth of your claim and handle all communication with insurers. Your attorney will also evaluate any settlement offer and advise you whether to accept it or proceed to filing a personal injury lawsuit.

Do You Really Need a Car Accident Lawyer?

If you suffer a minor injury, you may be able to handle your insurance claim yourself. But if the car accident caused significant damage and you’re facing a lengthy recovery and major expenses, you should start working with an attorney from the start of your claim. 

This is especially true in a state like Alabama, which follows the contributory negligence rule. Contributory negligence means you can’t claim damages if you carry even a tiny part of the fault for the accident. Insurance companies may try to dodge responsibility by arguing that you weren’t driving safely. You need a seasoned car accident lawyer to protect you from these all-too-common tactics.

Many personal injury lawyers usually work on a contingency basis, meaning you only pay when you win. The lawyer’s fee comes out of your settlement, but a legal professional’s skill and experience often mean you’ll walk away with a larger payout, even after deducting the contingency fee. 

Call Jackson & Foster for Help With an Insurance Claim After a Car Accident in Mobile, AL

A car crash can leave you with debilitating injuries, severe mental trauma, and a heap of medical costs. Calling a skilled car accident lawyer is one of the first things to do after a car accident, especially if you suffered a serious injury.

At Jackson & Foster, we have over four decades of combined legal experience representing car accident victims and their families in Mobile, AL. Our diligent lawyers will advocate for your rights throughout your whiplash claim and work alongside you in pursuit of fair compensation. 

Call 251-433-6699 for a free consultation today to learn more about your rights.

How Is Liability Determined in a Car Accident in Mobile, AL?

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Mobile, AL, is known for its breathtaking natural beauty and hopping music scene, but it also has a reputation for traffic accidents. Statewide, there were over 159,000 crashes and 851 accident-related fatalities in 2019.

If you’re a crash victim, you might wonder, “How is liability determined in a car accident?” It’s important to know the answer, as liability can play a key role in the outcome of your case.

Here’s what to know from Jackson & Foster, Mobile’s experienced car accident lawyer.

What Does “Fault” Mean?

After an accident, you’ll probably hear the word “fault” mentioned a lot. To sue the person who hit you and win, you must prove they were at fault for the accident.

Your attorney will need to prove two things to establish fault: that the defendant acted negligently, recklessly, or wantonly and that their conduct caused your injuries.

How Is Negligence Determined in a Car Accident?

Your lawyer will need to determine that negligence occurred to win your case. They’ll have to demonstrate the following elements of negligence to prove fault in an accident:

  1. The driver who hit you owed you a duty of care. All drivers on public roadways owe a duty of reasonable care to one another. 
  2. The driver breached their duty of care.
  3. Their breach of duty caused the accident.
  4. You suffered injuries (physical, emotional, and/or financial) as a result.

Usually, the person who caused the car crash is negligent and thus liable. But if the person who hit you did so while they were working for their employer, you might also be able to hold their employer liable. 

This is common with truck accidents. If a trucker hit you, for instance, you may be able to hold their employer responsible for a lack of maintenance or forcing the driver to stay on the road longer than allowed.

Examples of Driver Negligence

Drivers can act negligently in many ways, such as by:

  • Speeding
  • Driving aggressively
  • Hitting cars from behind
  • Talking or texting on the phone
  • Violating a pedestrian’s right of way
  • Failing to maintain their car
  • Driving under the influence of alcohol or drugs

Alabama’s Pure Contributory Negligence Doctrine

Some states allow accident victims to recover damages if they’re less than 50% at fault, while others allow recovery even if a victim is 99% at fault. Such states simply reduce the amount of compensation by how much fault the victim bears for the crash.

Unfortunately, Alabama isn’t one of these states. Alabama follows a pure contributory negligence doctrine that bars victims from recovery if they are even 1% at fault for the accident.

It’s important to understand this because the defendant’s side will try to prove you’re at fault in any way they can. They might say you’re partially to blame because you glanced at your phone for a second or looked at the back seat to check on your child.

If the other side succeeds, you may not be able to recover any damages. 

Improving the Chances of Winning Your Case

With all the factors to juggle when asking yourself, “How is liability determined in a car accident?” proving liability can seem like an uphill battle. Still, you can do a few things to improve the odds of coming out victorious.

Gather Evidence at the Scene

Collecting evidence is incredibly important, and you must do so quickly before the police clean up the accident scene. Proof to gather includes:

  • Pictures of your car, the car that hit you, road conditions, and weather conditions. If you spot anything that might have contributed to the accident, such as a blocked road sign, take pictures of that, too.
  • Information from people who saw the accident. Collect contact information promptly before witnesses have a chance to leave the scene or ensure police officers know there were witnesses. 
  • The police report. If the police report suggests the other driver was at fault, you’re not automatically off the hook, but this goes a long way when it comes to proving liability.

Don’t Flee the Scene

Some accident victims panic and run from the scene, but you shouldn’t leave before the police arrive, even in the case of minor crashing a car. This is especially important if the accident caused extensive property damage, serious injury, or death.

If you run, it looks like you have something to hide. The police can also hit you with a fine and arrest you. 

Make a Police Report

Your attorney can ask for a copy of the report. It may include the following:

  • Information about all drivers involved
  • Location of the crash and road conditions
  • Damage to both vehicles
  • Citations issued

Don’t Admit Fault

It’s easy to slip up and say things like, “I’m sorry I hit you,” or “I must have been going a little too fast, so I didn’t see you.”

When you make an insurance claim, the insurance company can take such statements as an admission of fault. To be safe, don’t talk to the other driver’s insurance company until you’ve spoken with a lawyer. Your attorney can help in these discussions with the other driver’s insurance company.

See a Doctor

If you are hurt after a wreck, getting an opinion from a doctor about your injuries and getting the treatment you need can be an important step in your recovery.  

Call Jackson & Foster To Learn About Your Legal Options

Now that you have the answer to “How is liability determined in a car accident?” we invite you to contact Jackson & Foster if you’ve been in a Mobile, AL, crash. Our attorneys can help you determine property damage liability, understand car accident statistics, and negotiate with the insurance company on your behalf.

Call (251) 433-6699 for a free case evaluation now.

Do You Have To Talk to Insurance Investigators After a Car Accident in Mobile, AL?

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After you’re involved in a car accident, it typically won’t take long for the other party’s insurance adjuster to start calling you for details. How you respond to these phone calls can make or break your accident claim. So, do you have to talk to insurance investigators after car accidents in Mobile, AL?

At Jackson & Foster, your go-to car accident lawyer in Mobile, AL, we want to teach you how to develop a strong case so you’re prepared in the event of a wreck. Below, we discuss everything you need to know about communicating with insurance adjusters after a car accident. 

Parties You’re Legally Obligated To Cooperate With After an Accident in Mobile, AL

Immediately after the car accident, you’ll need to cooperate with a few parties. At a minimum, Mobile, AL, requires you to communicate with the following:

  • Law enforcement: You must comply with any law officers on the scene by providing your driver’s license, registration, and insurance card. The officer may ask you a few questions to fill out their report, and you should answer honestly. 
  • Your insurance company: You must notify your personal car insurer about any accident that could trigger coverage, such as wrecks causing property damage or injuries. Insurers typically require you to file the claim within a reasonable timeframe. 

Am I Legally Obligated To Talk to the Other Driver’s Insurance Adjusters After Car Accidents?

So, you’re required to cooperate with the police officers and your own insurance organization, but do you have to talk to insurance investigators representing the other driver? 

No, regardless of the accident you’ve been in or the details of your situation, you do not have to speak with the other party’s insurance adjusters. At a minimum, providing them with a few details, like your name, address, and phone number, can keep your case moving, but you do not have to reveal much beyond that. 

Many insurance investigators may want you to admit fault, especially when they know their client is liable for the accident. They may call you in a friendly way, asking how you’re doing and other similar questions to catch you off guard. Revealing any seemingly innocent details can accidentally cause you to assume liability. 

How Should I Speak to the Other Party’s Insurers?

You’re not legally obligated to answer their insurer questions, but that doesn’t mean they won’t try to pry you for details. So, when an adjuster calls you, how should you answer the questions?

You can firmly tell the representative any of the following where appropriate:

  • I’m sorry, I can’t talk right now.
  • I am not going to discuss the specifics of my accident without consulting my attorney.
  • I am still receiving medical treatment for my injuries, so I am not ready to disclose any information.
  • I do not want to sign anything or discuss any settlements without speaking to my lawyer.
  • I am working with a personal injury attorney to discuss my options.

The insurer could ask something as simple as, “How are you feeling?” Answering this question by saying that you feel OK could underplay your injuries. Be careful when formulating your responses, and remember that you can always divert back to something like, “I am unsure until I’ve spoken with my doctor or attorney.”

Can Insurance Adjusters Require You To Provide Recorded Statements?

The main thing an insurance adjuster wants from you is a written statement proving you were partially or fully liable for the accident. Luckily, adjusters for an adverse driver typically cannot require you to provide written statements, so you should avoid doing so at all costs unless your attorney advises. 

Adjusters know all the facts about car crashes and may use them to undermine your claim. They may make statements that they encourage you to agree with just to make you potentially assume liability. For example, they could ask you the following:

  • When did you first notice the vehicle that hit you?
  • Which vehicle had the last opportunity to avoid the crash?
  • How long was the traffic signal yellow?
  • Were you listening to music or looking at your smartphone?
  • Was there anything distracting in the street?
  • What was the weather like?

You want to avoid contradicting anything you said in the written police statement or your insurance claim. 

Tips for Handling Insurance Adjusters 

Handling calls from insurance adjusters isn’t easy. In many cases, hiring an attorney as soon as possible may be help your case, as a personal injury attorney will be able to answer calls on your behalf moving forward and represent your legal interests.

Let Your Attorney Do the Talking

So, do you have to talk to insurance investigators for adverse drivers? In many cases, the answer is no, and doing so without care can impact your ability to seek compensation for lost wages, medical bills, and other losses. 

If you’ve been injured in a wreck, let your attorney handle the insurance conversations for you. Call Jackson & Foster in Mobile, AL, today at (251) 433-6699 to schedule a consultation. 

How Does a Car Accident Settlement Work in Mobile, AL?

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Another driver hit your car, injured you, and caused damage to your vehicle. If you believe the accident was the other driver’s fault, you may expect them to cover your medical bills and other damages. However, like many accident victims, you might be unsure how to proceed with filing a claim.

If you’re asking, “How does a car accident settlement work in Alabama?” this article will give you some general information. A car accident lawyer in Mobile, AL, can provide more detailed guidelines and determine how much your case is worth.

Step 1: Contact a Car Accident Lawyer

Calling a personal injury lawyer is one of the first things you should do after a car accident. An experienced attorney will explain how personal injury settlements work and review your case to see whether you have grounds for a claim. Then, the lawyer will let you know whether they’re prepared to represent your case. 

Your lawyer can also handle communication with insurance adjusters, who may call you after your accident to pressure you into a lowball settlement or trick you into saying something that may undermine your claim. 

Step 2: Investigation and Calculating Damages

Your lawyer will work with you to collect any available evidence of the accident, including the police report, medical documents, witness statements, photos, videos, and your account of the collision. Your attorney may also recommend hiring a professional like an accident reconstructionist to strengthen your case and prove negligent behavior such as distracted driving.

Your lawyer will then calculate your damages, including both losses you already suffered and prospective damages like long-term rehabilitation and lost earning capacity. The latter is especially important after serious or catastrophic injuries that may leave you with a permanent disability. 

Step 3: A Demand Letter and Settlement Negotiations

Once your lawyer has a clear picture of what your damages are worth, they will issue a demand letter to the other motorist’s lawyer or insurance company. This letter will list your injuries and other losses, provide supporting evidence, and request compensation. 

The at-fault driver’s insurer may comply with this settlement demand, reject it, or, as happens more often, make a counteroffer. The other side may try to prove that your damages are lower than you claim or that your injuries stem from a pre-existing condition. This back and forth may take some time while your lawyer works to negotiate a fair settlement. 

Step 4: Deciding Whether To Accept a Settlement or Proceed to a Lawsuit

At this point, you will need to decide whether you accept the offer. It’s important to remember that settlement agreements are binding contracts. Once you sign an agreement, you release the other side of further liability and give up on your right to pursue any additional claims for this accident. 

Accepting the offer would shorten your case settlement time. It’s the quickest way to provide the funds you need to cover your medical and living expenses after an accident. However, you may consider going to court if the other side makes an offer far below your case’s estimated worth.

Your lawyer can help you weigh the pros and cons of accepting a settlement vs. filing a lawsuit. However, the final decision is yours. There’s always some risk involved in a lawsuit since you can’t predict its outcome, but sometimes litigation is the only remaining way to fight for justice.

Step 5: Litigation

The answer to “How does a car accident settlement work?” doesn’t always involve a lawsuit. However, if negotiations don’t work out and you decide to file, your attorney will draft a complaint that explains how the accident happened and what you demand as compensation. 

The next step will be a discovery process, in which you, the defendant, and any witnesses will testify under oath. Both attorneys can use the information found during discovery to prove their arguments.

The other side may make a new, more acceptable offer after discovery. If negotiations are still unsuccessful, you and your lawyer will prepare for trial, which will decide the outcome of your case.

Although car accident cases usually settle before this stage, choosing a lawyer with good courtroom skills is important. You’ll have a better chance of negotiating a reasonable settlement if the other side knows you’re ready to proceed to trial.

What Do Car Accident Settlements Cover?

Your car accident settlement may compensate you for the following:

  • Medical bills (including costs you already covered and prospective expenses)
  • Lost wages
  • Reduced or lost earning capacity
  • Damage to your vehicle
  • Pain and suffering (physical and mental anguish, reduced quality of life)
  • Loss of consortium

If the at-fault motorist’s actions involved gross negligence or recklessness, like driving under the influence in a school zone, the court may also award you punitive damages. 

How Long Do You Have To File a Claim?

Usually, you must file a car accident claim within two years of the accident. Acting more quickly can help your case. 

Even if you suffered a serious injury and the full extent of your damages is unclear initially, you should start working with a lawyer as soon as possible. Quick action will make it easier to secure evidence, contact witnesses, and reconstruct the chain of events that led to the car crash. 

Call Jackson & Foster for Help With Your Car Accident Claim

According to Mobile car accident statistics, most Alabama drivers will end up in a vehicle accident at some point. If this happened to you and now you’re asking, “How does a car accident settlement work?” call Jackson & Foster. Our skilled car accident lawyers will handle all the steps of your claim, work hard to ensure your compensation is as high as possible, and provide unwavering legal support until your case settles.

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

Can You Claim a Car Accident Without a Police Report?

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You suffer a car accident but would prefer to settle this situation without involving the police. Can you claim a car accident without a police report?

The short answer is that yes, in some cases, you may file an insurance claim without a police report. However, it’s better to have an accident report if you can. A car accident lawyer in Mobile, AL, can determine whether you must contact the police after someone hits your vehicle.

Do You Need To Report an Accident in Alabama?

In Alabama, you must notify the police of any accident that caused death, injury, or property damage over $500 if the at-fault driver was uninsured. The reporting deadline is 30 days after the accident.

Failing to report an accident may land you in serious trouble. If the accident resulted in property damage only, non-reporting would be a Class A misdemeanor with a possible fine of up to $1,000. Persons who don’t report an accident that led to injury or death may face a Class C felony conviction and much higher fines.

Since it’s better to be safe than sorry, report your accident when in any doubt. Preferably, you’d call the police from the accident scene and, if possible, wait for law enforcement to arrive. 

Why It’s Always Better To Have a Police Report

If you’re planning to file an accident claim, a police report is a key piece of evidence you’d use. Insurance companies may look into the police report to determine who caused the accident. With an accident report, you’re less likely to find yourself in a situation where your insurer denies coverage, and you end up paying for damages out of pocket.

Since car accident claims in Alabama operate on a fault basis, you must show that the other side was responsible. You’ll also have to prove that the accident wasn’t your fault if you want to avoid paying higher auto insurance premiums. Both are easier to do with a police report. 

A police report can also protect you in a situation where the other motorist gives you false information and disappears after an accident.

What’s in a Police Report?

A police report typically includes the following:

  • The time, date, and precise location of the crash
  • Information about the people and vehicles involved, like names, contact information, and license plate numbers
  • A diagram depicting the accident (the path the vehicles took and where they collided

The reporting officer may also give their initial conclusions about possible causes of the crash, like a note that one of the motorists showed signs of impaired driving. 

If you must report the accident after leaving the crash scene, provide as many details as possible about the collision, including its location, time, date, and circumstances. Also, include any information you have about the other motorist who was involved.

Sourcing a Copy of the Police Report

You can request a copy of the report through the law enforcement office that responded to the accident. If the police arrive on the scene, the reporting officer will usually give you an identification number. Use this number later to ask for a copy of the report.

Once you have the report, you can include it in your insurance claim, and the insurance adjuster will look into it to establish fault. 

Will an Insurer Accept a Claim Without a Police Report?

Supposing a report is unavailable, can you claim a car accident without a police report? Usually, yes, especially if you’re filing after a minor collision that didn’t lead to extensive damage or injuries. However, the claim process may be slower if you don’t have a police report.

In the absence of an official accident report, you will need to present other evidence to your insurer. This evidence may include:

  • Photos of the accident scene, focusing on damage to your vehicle, skid marks, and other important details
  • Dash cam or surveillance camera footage
  • The names, insurance details, and other information of any other motorists who were involved in the accident
  • Eyewitness statements, if other people saw the accident, and the witnesses’ identifying information
  • A detailed account of the collision, including the entire chain of events, possible factors that caused the crash, road and weather conditions, etc.

How Long Do You Have To File a Claim?

In Alabama, you must file a personal injury claim within two years of the accident and a property damage claim within six years. However, in practice, you should talk to a lawyer shortly after your accident and decide your next steps. The sooner you begin working on your claim, the easier it will be to collect witness statements, medical reports, and other evidence. 

Does a Police Report Mean an Insurer Will Automatically Accept Your Claim?

A police report is only part of the evidence you’ll provide when filing your claim. The at-fault driver’s insurance company may still dispute this report and deny your claim based on other factors. 

The larger your potential settlement may be, the stronger incentive an insurer may have to challenge your claim. If you suffered a serious accident with high ensuing damages, you always need a competent lawyer to protect your rights.

Call Jackson & Foster Law for Help With Your Car Accident Case

The general answer to “Can you claim a car accident without a police report?” is “Sometimes, but having such a report is immensely helpful if you plan to sue for damages.”

If you’re preparing to file a car accident claim, call us at Jackson & Foster Law to consult an experienced attorney who knows all about car accidents and insurance companies. We’ll let you know whether you need to report your accident to the police and guide you through the process of filing a claim.

Call 251-433-6699 or contact us online to schedule a free case evaluation.

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.

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.

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. 

Motorcycle Safety Tips Mobile AL

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In 2020, over 1,500 motorcycle accidents occurred in the Yellowhammer State. Unfortunately, motorcyclists are especially vulnerable to accidents and serious injuries because of their small vehicle size and lack of protection.

The following six motorcycle safety tips for Mobile, AL, will help keep you safe on the road. 

1. Choose the Right Bike

Your motorcycle should fit your size. Avoid riding a bike that’s too small or heavy for you. Your feet should rest comfortably on the ground when you mount, and your handlebars and controls should be easy to reach.

2. Wear the Right Motorcycle Gear

Motorcycle helmets are mandatory in Alabama for all riders and passengers. Furthermore, if an accident does happen, wearing a helmet lowers your risk of a TBI by about two-thirds. Other motorbike gear, like boots, a riding jacket, and protective gloves, will also contribute to your safety.

3. Look Into a Motorcycle Safety Course

While a riding skill test isn’t mandatory in Alabama, you should consider taking one, especially if you’re a newbie rider. Such a course can give you important motorcycle riding tips and skills for strategic, prudent, and confident riding. Check out nationally recognized courses like the Motorcycle Safety Program.

4. Ride Safely

Basic common sense paves the road to motorcycle safety in Mobile, AL. Ride carefully, and you’ll dramatically reduce your risk of serious injury on the road.

Observe speed limits and adjust your speed to road conditions. Follow traffic laws and give right of way when necessary. Remember that lane splitting is prohibited in Alabama, even when you’re stuck in snail-pace traffic. Ride defensively and keep your distance from aggressive or reckless motorists.

5. Avoid Alcohol

While this may seem obvious, it’s important enough to gain a spot on our list of motorcycle tips for riders and drivers in Mobile, AL: Never mount your bike after you’ve been drinking. Catch a ride with a friend or call an Uber, and pick up your motorcycle later.

6. Invest in Motorcycle Maintenance

Inspect your bike before you hit the road, especially if you haven’t ridden for a while. Check essential components like brakes, tires, headlights, and batteries.

Legal Steps To Take After a Motorcycle Accident

Motorcycle driving safety tips in Mobile, AL, can help prevent serious and fatal accidents. Still, no matter how much you invest in motorcycle accident prevention, you may find yourself in a motorbike crash.

If you suffer a collision while riding your motorbike, you need reliable legal advice from an attorney who knows how motorcycle accident laws work in Alabama. 

Our Jackson & Foster motorcycle accident attorneys provide free initial consultations for motorcycle accident victims and their families.

Jackson & Foster Law: Fighting for Your Rights After a Motorcycle Accident in Mobile, AL

Accidents can happen even if you follow all motorcycle safety tips for Mobile, AL. Our legal team is here to help you seek compensation for your injuries. Call the Jackson & Foster Law team at 251-433-6699 for a no-cost, no-obligation consultation. 

Most Dangerous Roads and Intersections Mobile AL

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The road is risky, but some parts are significantly more dangerous than others. According to the Alabama Department of Transportation, over 13,600 motor vehicle accidents occurred in Mobile County in 2020, 8,200 of those at intersections. Mobile traffic fatalities, 15% involving alcohol or drugs, ended 60 lives that year. 

As many residents know, some roadways in the area see a disproportionate number of crashes. So, what are the most dangerous roads and intersections in Mobile, AL?

Some of the Deadliest Roadways in the Area of Mobile, AL

Several roadways in and near Mobile, AL, rack up especially high numbers of vehicle crashes, injuries, and fatalities. Let’s list a few of them.  

Interstate 65

I-65 is an extremely high-risk interstate that passes through Mobile. This road, which connects Mobile to Montgomery, Huntsville, and Birmingham, sees a high traffic volume and is prone to congestion. 

Accidents can happen on I-65 simply because motorists don’t have enough room to keep a safe distance from other vehicles. Additionally, stretches of I-65 slope downward, which can create high-risk driving conditions, especially in bad weather. 

Airport Boulevard/Azalea Road 

Airport Boulevard and Azalea Road intersect in a high-traffic area of Mobile with many vehicles going in both directions, especially during peak traffic times. A high volume of traffic and the merging of several streets into the roadway create a challenge for local drivers. 

Airport Boulevard/University Boulevard 

The intersection between Airport Boulevard and University Boulevard is one of the busiest in Mobile. Located in a congested central area, this meeting of two major urban roadways requires careful driving to avoid an accident. A high number of trucks and other commercial vehicles exacerbates the risk of a serious crash. 

Cottage Hill Road/Hillcrest Road 

Cottage Hill Road and Hillcrest Road meet in a busy commercial area in Mobile that includes several stores, banks, and parking lots. Traffic pours into the intersection from four directions, which could create a chain accident if a motorist fails to give the right of way. 

What Makes Some Roads and Intersections So Dangerous?

Car accidents of any type, including motorcycle accidents, truck accidents, and bus accidents, can happen anywhere. However, several factors usually make some roadways more dangerous than others. These may include:

·      Limited visibility. Sudden curves, sharp turns, hills, trees, and other obstacles create poor visibility conditions. Bad visibility is especially problematic on roads with narrow lanes that must accommodate large vehicles traveling at high speeds.

·      Congestion. A higher number of vehicles always leads to more accidents. There’s always a risk of running into a careless, aggressive, or drunk driver at a busy intersection. 

·      Unclear signage. Poorly designed signage can confuse drivers. When you need to make a quick decision on an unfamiliar road section, unclear signage may easily lead to an accident. 

·      Road hazards. Potholes, cracks, warped road sections, and other neglected hazards can make a road dangerous, especially if it’s designed for high speeds. Drivers running into an obstacle on the road may lose control, swerve sharply, and cause an accident that involves several vehicles. 

·      Weather. Mobile weather conditions can be patchy. Fog, rain, strong wind, and hail can make any road dangerous. 

Proving Fault After a Road Accident

Whether you were in an accident on one of the most dangerous roads and intersections in Mobile, AL, or any local roadway, you could face devastating consequences. You may have sustained serious injuries like a traumatic brain injury with all the ensuing medical expenses. Maybe you are unable to continue working or need daily in-home help. 

In Alabama, you must prove fault to win compensation for your injuries and other accident-related losses. Furthermore, Alabama is a contributory negligence state, which means you won’t be able to collect a settlement even if you share only a small part of the responsibility for the accident. You can be sure the potentially liable party will do everything to prove you contributed to the accident to avoid paying damages. 

For example, if you were involved in a pedestrian accident, the at-fault motorist and their lawyer may try to prove you crossed the road in a non-designated area or did something else to put yourself at risk. That’s why working with an experienced motor vehicle accident attorney who will help you build a strong case and fight for your rights is so important. 

Tips for Avoiding Accidents on Risky Roads

You should always drive carefully, especially when navigating high-risk roadways and intersections. The following tips will help you stay safe behind the wheel.

  • Pay attention. InMobile, distracted driving is a serious concern. Focus on the road and avoid using your phone, eating, and other diversions. 
  • Adjust your speed. Like everywhere else, speeding endangers all road users inMobile. Drive more cautiously when approaching intersections, turns, or highly populated areas.
  • Observe road conditions. Mobile road conditions aren’t always optimal, especially in rainy or foggy weather. Drive extra carefully if you notice poor visibility or road hazards. 
  • Keep your distance. Drunk drivers and aggressive road behavior can put your life at risk when navigating Mobile’s roadways. Stay away from drivers who swerve, speed, or ignore traffic rules. 

Even if you take every precaution, accidents can still happen. If you sustained injuries in a car crash on one of the most dangerous roads and intersections in Mobile, AL, or anywhere else in the county, call Jackson & Foster Law at 251-433-6699 to consult an Alabama motor vehicle accident lawyer.

Motorcycle Accident Frequently Asked Questions

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If you survived a motorcycle accident in Mobile, AL, you may wonder what happens next. Do motorcycle accident laws in Alabama allow you to seek damages? Who carries motorcycle accident liability? How do you even initiate a motorcycle accident lawsuit? Here are some common questions people can ask motorcycle accident lawyers. 

What should I do if I suffered motorcycle accident injuries?

The first thing to do after a motorcycle wreck is seek medical attention. Even a seemingly trivial bump can be life-threatening, and you want to avoid running any risks to your health. Keep any medical records for your motorcycle accident insurance claim. 

You should also save any other available evidence, like the police report of your accident, witness statements, and photos and video footage of the accident scene. Finally, look up local motorcycle accident lawyers and schedule a case assessment. 

What type of compensation may I seek after a Mobile motorcycle accident?

After a motorcycle accident in Alabama, you may claim three types of damages: economic, non-economic, and, in some cases, punitive. 

Economic damages cover all your tangible costs, like past and future medical expenses and lost wages. Your motorcycle and automobile property damage lawyer may also negotiate compensation for vehicle repair or replacement costs. Non-economic damages include post-accident physical pain and emotional suffering.

If the at-fault motorist exhibited grossly negligent, reckless, or violent behavior, the judge may also award punitive damages to discourage similar future offenses.

What if the other motorist’s insurer contacts me with a settlement offer?

After your accident, the other motorist’s insurance company may try to pressure you into a quick settlement. Please don’t enter any agreements before you consult a competent local attorney well versed in motorcycle accident rights. Any settlement offer you receive immediately after an accident probably doesn’t reflect the true worth of your case and falls short of covering all eligible damages. 

It’s better to talk to insurance companies as little as possible and leave all negotiations to experienced motorcycle accident lawyers.

How much time do I have to file a claim after a motorcycle accident in Mobile, AL?

You have two years after a motorcycle accident in Mobile, AL, to file a lawsuit for negligence or wantonnes. However, the sooner you contact a motorcycle personal injury lawyer, the better your chances of resolving your case successfully and within a reasonable timeframe. 

How do I find an affordable motorcycle accident lawyer?

At Jackson & Foster Law, we offer motorcycle accident representation on a contingency basis. This means you only pay when we win a settlement or an award on your behalf. Our usual contingency fee is 28%, which is much lower than what many other motorcycle injury lawyers charge.* 

We also offer free initial consultations. Call 251-433-6699 or contact us online to schedule a no-cost case evaluation with one of our experienced motorcycle accident lawyers.