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How To Prove Liability in Multi-Vehicle Pileup Cases 

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Being involved in a multi-vehicle pileup can be incredibly jarring. These accidents can happen in an instant, and it may not be initially clear who is to blame. Understanding the steps involved in proving liability in a multi-vehicle pileup case can help you begin to pinpoint who was at fault and explore your legal options. 

Let an experienced car accident attorney help you understand fault and your legal rights after this type of accident. 

Common Causes of Multi-Vehicle Accidents

Multi-vehicle accidents can happen for all sorts of reasons. Assessing the possible cause of your accident is an important first step in evaluating which party may have been liable. 

Common causes of these collisions include:

  • Following a vehicle too closely or tailgating
  • Changing lanes or passing other vehicles recklessly
  • Failing to yield the right-of-way
  • Speeding in hazardous conditions

When drivers make these errors in busy, congested areas or on roads with high speed limits, they may impact multiple other drivers and cause serious damage. 

Potential Liable Parties in a Multi-Vehicle Pileup 

Alabama follows a pure contributory negligence statute for assigning fault in car accidents. If someone is found to be even 1% at fault for their own accident, they may be barred from recovering any damages from other parties. This is unique from the comparative negligence doctrine that governs many other states and allows multiple parties to share fault. 

Proving liability in a multi-vehicle pileup case can often be challenging due to the large number of parties involved in these accidents. Any of these parties may have been liable, for example:

  • The front-most driver, for suddenly stopping in an unsafe area or making another dangerous maneuver that led to the collision
  • The rear-most driver, for rear-ending the driver in front of them and leading that car to crash into the vehicle in front of it, creating a chain-reaction collision 
  • A driver in the middle of the chain, for rear-ending a driver in front of them and causing the driver behind them to strike their vehicle as well
  • A vehicle manufacturer, for producing defective parts that led to a malfunction and caused the crash
  • A trucking company, for improper cargo loading, driver fatigue, or inadequate driver training, causing a dangerous situation that led to the accident 

Multiple drivers or parties may share liability for multi-car pileups, which can be complicated in states like Alabama that follow pure contributory negligence policies. For example, the person who rear-ended another vehicle may technically be liable because they should have left a safe following distance. But another party, such as the first driver in the chain, may also be liable for stopping so suddenly that the driver behind them could not have reasonably stopped in time. 

All of the drivers who share liability may be prohibited from seeking damages from other parties. 

Proving Liability in a Multi-Vehicle Pileup

Because Alabama’s fault laws are strict, it is even more important that you effectively prove when another driver or party was at fault in your accident. These actions can help you prove liability in your multi-vehicle pileup case. 

You can usually expect one or several police officers to arrive at the scene of a multi-car pileup. An officer likely created an accident report with the details of the crash, a sketch of the positions of all vehicles involved, driver statements, and other information. Some police reports also include the officer’s assessment of how the accident happened. This report can be a good starting point for fault determination. 

The insurance companies representing the drivers involved in the accident will reach their own liability determinations after reviewing the circumstances of the accident. If you disagree with these determinations, you can attempt to gather evidence to show that you were not responsible for the accident. Compelling evidence might include:

  • Eyewitness testimony pointing to how the accident started, such as one driver rear-ending another 
  • Photos of the accident scene that show the positions of each vehicle and the damage they experienced to help paint a picture of how the accident happened
  • Dashcam footage of the accident, which can be extremely helpful if available
  • Testimony from accident reconstructionists, who review the evidence in an accident and recreate it using software to determine how it happened 
  • Black box data from the vehicles involved in the accident, which can help support the accident reconstruction

How an Attorney Can Assist You 

Proving liability in a multi-vehicle pileup is an overwhelming task, especially while you are recovering from significant injuries and the emotional trauma of the accident. A car accident attorney can take some of this burden off your shoulders by investigating the accident for you and evaluating what types of evidence may be helpful in establishing fault. 

They can communicate with the insurance company on your behalf and appeal or negotiate claim decisions that are unfair, presenting additional evidence to show the insurance company that you were in no way responsible for the accident. 

Your attorney can also assist with tasks such as:

  • Filing your claim with the insurance company
  • Gathering and submitting all necessary documentation
  • Communicating with the other parties and their insurance companies
  • Preparing all evidence to support your claim
  • Coordinating with medical professionals and eyewitnesses for testimony collection
  • Representing you in court, if necessary 
  • Estimating your damages and seeking a compensation amount that attempts to cover all expenses 

You can focus on recovering from injuries while your attorney handles these steps for you. 

Seek Legal Assistance With Your Multi-Vehicle Pileup Case

Hiring a lawyer can be helpful as you navigate the aftermath of an accident involving multiple other vehicles. Whether you need help proving liability in your multi-vehicle pileup case or simply with navigating the insurance claims process, an attorney can provide guidance and help you understand your legal rights. 

Jackson & Foster Law represents car accident victims in Mobile, AL. We focus on providing affordable representation to make our services accessible to more clients.

Contact us today at 251-433-6699 to request a free consultation with our car accident attorneys. 

How To Prove Pain and Suffering in a Personal Injury Claim in Mobile, AL

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A personal injury claim can be incredibly disruptive to your life. Not only do you need to focus on your recovery, but you may also be responsible for proving the extent of your injuries and damages to receive compensation. Proving non-economic damages, like pain and suffering, can be challenging and overwhelming.

If you are unsure how to prove pain and suffering to insurance companies or in court, a personal injury lawyer in Mobile, AL, can help. Call Jackson & Foster to learn how we can support you as you seek compensation.

What Are Pain and Suffering Damages?

During a personal injury case, injured people try to prove economic and non-economic damages to receive compensation. Economic damages include medical bills and car repairs; these expenses have receipts that help prove their economic value. 

Non-economic damages can be difficult to prove. These damages almost always include “pain and suffering.” Pain and suffering damages might not come with receipts, but they can greatly decrease your quality of life. Knowing how to prove pain and suffering can be helpful as you seek compensation.

Physical Pain and Suffering

Physical pain and suffering damages cover any physical injuries you sustained and the subsequent pain and discomfort they caused you. Examples include:

  • Physical discomfort as a result of the injury
  • Chronic pain
  • Facial injuries and scarring
  • Paralysis
  • Loss of vision or hearing
  • Loss of limb(s)
  • Any disabling impact of the injury

Physical pain and suffering also include any future pain due to the injury. For example, if your injury will cause degenerative disabilities in the future, you may factor those in as you pursue compensation.

Emotional Pain and Suffering

Emotional pain and suffering refers to the emotional distress caused by an injury or someone’s actions and may include:

  • Loss of sleep and insomnia
  • Panic attacks
  • Depression
  • Anger
  • Mood swings or other emotional instability
  • Loss of enjoyment in life
  • Post-traumatic stress disorder (PTSD)

These symptoms can have drastic and, in some cases, lifelong impacts on a person’s life. 

Ways To Prove Pain and Suffering

You may be confident you are experiencing physical or emotional trauma but are unsure of how to prove it. Under this circumstance, there are several steps you can take to prove your pain and suffering; a personal injury lawyer can help advise you on what pieces of evidence might help your case the most and assist you in gathering the documentation and speaking to any relevant parties.

Medical Documents

Records from medical professionals can be an effective way to prove your symptoms. Medical records provide unbiased documentation of the timeline and extent of your injuries. 

Photo or Video Evidence

It may be helpful to take photos of any physical injuries. This can help you and your medical team track your healing over time and prove the physical impacts of injuries. Photos can be particularly helpful in proving any scarring or disfigurement you sustained from an accident.

Work Compensation Documents

If you try to prove lost wages, documents like pay stubs and letters from HR can be very helpful. While lost wages count as economic damages, these documents can also prove the emotional impact and severity of an injury. If you were in too much pain or suffering so much mentally that you could not complete your day-to-day routines, like going to work, that speaks to the severity of your pain and suffering.

Testimonies

Testimonies can also be a helpful way to prove the extent of your pain and suffering. Doctors and other medical professionals can provide a professional testimony detailing how they witnessed the injury impact you physically and emotionally.

Loved ones may also provide testimonies. They can speak to the impact the injury caused in your day-to-day life in a way that doctors don’t always see.

Personal Records

We recommend keeping a journal after sustaining an injury. This helps you track your emotional and physical state throughout recovery and can help prove the timeline and impact of any emotional distress resulting from an injury.

Proof of Lost Enjoyment

A common impact of pain and suffering is losing enjoyment in life. Any evidence that documents your loss of enjoyment can be very important in proving your suffering.

For example, if you quit a recreational sports league due to depression, you may have documentation like emails you sent to the coordinator. This type of evidence can help prove the emotional impacts of your injury.

Official Reports

If you filed any official reports, they can be crucial pieces of evidence. Examples include police reports after a traffic accident or official complaints you filed with the company on whose site a slip and fall occurred. These reports can indicate the seriousness and validity of your claim for pain and suffering.

A Professional Legal Team Can Help

If you are experiencing pain and suffering, sometimes, the last thing you want to do is gather and parse dozens of documents and put together a claim that proves just how much you are suffering. A professional attorney can help make this process easier.

Personal injury attorneys are experienced in handling cases that involve proving pain and suffering. With professional help, you can focus more of your time and energy where it helps the most: your recovery.

Contact an Experienced Attorney

Whether you are negotiating a car accident settlement or a slip-and-fall case outside of a local business, you will likely need to prove the extent of your injuries. Seeking non-economic damages for pain and suffering can be challenging. 

An experienced personal injury attorney can share insights and best practices about how to prove pain and suffering to insurance adjusters as you navigate the settlement process. If you decide to seek legal action, an attorney can also help you navigate the legal process. Call Jackson & Foster to learn more today. We can answer your questions and explain your rights.

How To Respond to a Low Settlement Offer in Mobile, AL

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If you have been injured in an accident, you know how life-changing it can be. Medical care is often prohibitively expensive, from hospital fees and doctor’s visits to rehabilitative services. Sometimes, injuries prevent you from working, resulting in lost wages. 

Ideally, a settlement offer from an insurance company should mitigate this financial strain. However, you may receive a low settlement offer that doesn’t cover the extent of the expenses. If you don’t know how to respond to a low settlement offer, a personal injury lawyer in Mobile, AL, can help support you. Call Jackson & Foster to learn more today.

Personal Injury and Settlements

Personal injury lawsuits focus on the physical and mental suffering endured by a person due to someone else’s action or negligence. If this sounds like your scenario, you may be able to pursue a claim from the other party’s insurance. Examples of personal injury include:

  • Car accidents
  • Construction accidents
  • Product defects
  • Slip-and-fall accidents
  • Medical malpractice
  • Animal attacks and bites

Often, an injured person will seek a personal injury settlement from the other party to cover the costs associated with the injury. This usually means dealing with insurance companies; for example, homeowner’s insurance may cover dog bites that occur on someone’s home property, while auto insurance typically covers injuries resulting from car accidents.

Unfortunately, an insurance company may try to cover as little as possible. Many injured people receive a lowball settlement offer from an insurance company after they file a claim. This can be very discouraging and frustrating, but there are steps you can take to advocate for a more comprehensive settlement that will cover the extent of your injuries.

Steps To Take After a Low Offer

If you get a low offer, it is crucial to remain calm. It may be tempting to respond from an emotional place, especially if you do not know how to respond to a low settlement offer. However, we recommend taking your time, being careful, and, if necessary, contacting an experienced legal team for help. 

Carefully Read the Offer

Once you are sure you can respond thoughtfully and calmly, carefully read the notice from the insurance company. Many personal injury cases are complicated, so look at every detail of their offer. You may find that for some expenses, their offer is reasonable and fair, but not for others. Clarifying what you object to ensures you spend your time productively. 

Understanding the insurance company’s offer also puts you in a good position to negotiate — arguing effectively against something you don’t understand is hard.

Determine the Value

Before making a counteroffer, take a good look at all the expenses you have incurred due to your injury. Documenting and determining the value of any damages you have suffered will help you be clear and precise. You probably have economic and non-economic damages; you can determine the value of both.

Economic Damages

Economic damages encompass all financial expenses and are typically easy to value with receipts. Bills from doctor’s visits can help prove the expenses associated with your injury. You can ask your employer for a letter that documents the financial cost of any time you had to take off due to an injury, including lost wages and any sick or vacation time you had to use to recover.

Non-Economic Damages

Some expenses won’t have receipts in the same way a doctor’s bill will. One example is “pain and suffering.” If you suffered a lot of physical pain from an accident, you may be entitled to compensation. Medical records that detail the extent of your injuries can help prove these damages.

Make a Counteroffer

It is in your best interest to document your counteroffer in writing and send it to the insurance claims adjuster. Be as factual as you can, avoiding emotional language. Explain why you are rejecting the settlement offer and what you will accept instead.

Making a counteroffer does not guarantee receiving what you ask for, though it does clarify your position. It also allows you to refute the insurance company’s offer point by point. 

Wait Until You Have Recovered

Our team recommends waiting until you recover from your injury before beginning settlement negotiations. The recovery process often comes with unexpected setbacks; your initial injury may have caused a domino effect, resulting in several injuries that all need treatment. Waiting until you have a complete picture of your injuries allows you to make an informed counteroffer.

Contact a Lawyer

A personal injury lawyer has experience dealing with insurance companies and negotiating settlements. Contacting an experienced lawyer gives you peace of mind and saves time, allowing you to focus on your health and recovery.

Reach Out Today

Responding to low settlement offers can be stressful, but the difference a fair injury settlement offer can make in your financial security and recovery cannot be understated. Deciding when to hire a personal injury lawyer hinges on whether you might benefit from the extra peace of mind a professional can offer.

If you are still unsure about how to respond to a low settlement offer, given the specifics of your case and situation, a professional personal injury attorney can help. Call Jackson & Foster to learn more about how our team can help you. Our legal team will patiently explain your rights, answer any questions you might have about the legal process, and walk you through the steps should you decide to move forward.

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.

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.