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What To Do After a Truck Accident in Mobile, AL

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Being involved in an accident with a commercial truck can be highly confusing and overwhelming. Your adrenaline may produce a fight-or-flight response, making it challenging to know how to protect your rights and potential future claim. Below, an attorney from Jackson & Foster Law outlines what to do after a truck accident. 

Move to a Safe Area

If allowed by law, immediately after the accident, move your vehicle to a safe area away from traffic if you’re able to do so. If you cannot operate your vehicle, exit it immediately if safe to do so and move yourself to a safe location. 

A truck accident can be highly traumatic, so it’s important to calm your breathing and avoid panicking. This will allow you to assess the situation with a clearer head, which is important for your safety and that of those around you. 

Call 911 or Local Authorities

Many drivers are unsure of what to do after a truck accident or who to contact. In Alabama, you are legally required to report vehicle collisions to the police if they result in injury, death, or property damage of over $250. Because of this, you must notify authorities after the accident, even if the damages seem relatively minor.

If anyone appears injured, calling 911 is typically the safest course of action. If no one seems injured, you may call the local police department, and they will dispatch officers to the accident scene to typically create a report. A police report often includes useful information, such as the names of involved parties and a summary of the incident.

If you contacted 911 after the accident, be sure to listen to the medical advice from the responding EMTs or paramedics. If they recommend that you go to the hospital, it’s generally wise to follow their guidance for your safety and to ensure your condition is properly documented.

Seek Medical Attention

Even if you feel fine, a medical evaluation can help identify injuries that may not be immediately apparent. The adrenaline following a truck accident can mask symptoms, making it challenging to know the true nature of your injuries. You might feel fine for the first few hours or days following the crash despite having a severe strain, traumatic brain injury, rib fracture, internal bleeding, etc. 

We recommend seeing a doctor as soon as possible if your injuries warrant it, as this may support your claim and prevent your injury from worsening. Failing to seek medical attention may create complications with your insurance company, especially if your condition worsens in the coming weeks. Your insurer may argue that your injury developed after the accident or that you contributed to your injury by not seeking prompt care. 

For severe injuries, seek emergency care. For minor concerns, you may want to try to go to the doctor or urgent care.

Gather Information From Witnesses and Involved Parties

Understanding what to do after a truck accident also means taking steps to support your future claim, if possible. If any witnesses saw the accident, they may be helpful later on in your case. You may want to ask them if they’re willing to share their contact information or a statement for your police report.

You should also gather all contact details and insurance information from the other driver and any other involved parties. In a commercial trucking collision, you may need their employer’s name and phone number as well. 

Document the Scene

Accident evidence is important when pursuing truck accident compensation. Evidence can be challenging to gather, though, as accidents are quickly cleaned up. Because of this, you need to document the scene before leaving if you’re able to. 

We recommend taking photographs of:

  • Your injuries
  • Damages to your vehicle and the truck
  • Any nearby road signs or traffic lights (speed limit, yield sign, etc.)
  • The weather conditions at the time of the accident (rain, snow, hail, etc.)
  • Any relevant road conditions (potholes, defects, etc.)

Contact Your Insurer but Speak Carefully

Once home, you should contact your insurance company to report the accident. This step is important, regardless of who caused the collision. Many insurers in Alabama require you to report accidents within 30 days, though doing so early can be helpful.

As you initiate the claims process, you must be truthful in all of the answers that you provide, but it’s important to avoid admitting fault. Insurers may ask you confusing questions with the goal of minimizing their financial liability. Providing a slightly different statement to an insurer compared to your police report could create complications in your claim. 

Follow All Recommendations From Your Doctor

As you progress through the recovery process for any injuries, it’s important to listen to your doctor’s recommendations on necessary treatments, procedures, medications, rehabilitation, etc. Failing to abide by these recommendations may harm your claim or put your health at risk. 

Be sure to keep all documentation relating to your diagnosis and medical expenses. 

Seek Legal Representation

Navigating a truck accident claim in Mobile is incredibly complex. Alabama follows strict contributory negligence laws, meaning that you are barred from pursuing compensation if you’re found even 1% liable for the accident. Insurers and defense teams may use this law to their advantage, often attempting to make victims assume partial liability for accidents to minimize their financial burden. 

An attorney experienced in Alabama’s trucking laws can help you understand your rights and potential liability under the law. They can help you evaluate your legal options and pursue a claim where appropriate. Consider consulting an attorney after your accident to discuss your options. 

Do You Need Help With Your Truck Accident Claim?

Now you know what to do after a truck accident. Next, learn about personal injury claim mistakes. If you need to consult a lawyer about a recent accident, call Jackson & Foster Law at (251) 433-6699 to discuss your case.

Common Mistakes To Avoid After a Car Accident in Mobile, AL 

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In the days, weeks, and months after a car accident, you may feel like you’re in over your head. Serious injuries demand your attention day and night, but you’re also trying to navigate a complicated insurance claim or legal process. 

Making mistakes in the aftermath of a car accident is understandable, but unfortunately, doing so can impact your ability to secure adequate compensation. Learn a few common mistakes after a car accident to avoid from experienced accident lawyers in Mobile, AL. 

Mistake #1: Admitting Fault, Even Inadvertently

Initially, you may not be sure who was at fault for your car accident. The details may feel blurry, and the adrenaline you experience from the crash can cause you to misremember what happened. But no matter what you remember from the crash, avoid admitting fault in any way. 

This includes saying statements like “I’m sorry” or “I should have been paying closer attention.” These statements may sound kind in theory, but they will show up in the police report, and the insurance company or other party can use them against you as an admission of fault.

Mistake #2: Not Seeking Medical Attention Soon After the Accident

The adrenaline you feel from the car accident can mask injuries that require your immediate attention. Don’t assume any pain you notice is simply bruises and sore muscles from the jolt of the accident. Instead, seek medical treatment as soon as possible to rule out potentially serious injuries. 

If needed, a medical professional can complete a full-body examination to look for any underlying injuries you may not have initially noticed. This way, you can begin undergoing treatment immediately and improve your chances of recovery. 

Seeking immediate medical attention also serves as valuable evidence in your car accident case. You can clearly pinpoint the exact injuries you experienced from the crash and tie just compensation to them. 

Mistake #3: Posting on Social Media About the Accident (or Anything Else) 

You may feel tempted to post about your car accident on Facebook or other social media platforms. This could be an efficient way of updating your family and friends about your condition and seeking well-wishes from others, but it isn’t a good idea for your car accident case. 

The defense can take anything you post on social media and use it against you. If the details you provide on Facebook even slightly differ from the details you give the insurance company, the defense could argue that you misremembered the accident and your testimony is unreliable. 

Further, you should avoid making any social media posts during your case. This is one of the often-overlooked common mistakes after a car accident. Even a seemingly innocent photo of you spending time with family could indicate that your injuries are not as bad as you made them seem, hurting your case. 

Mistake #4: Making Recorded Statements Without an Attorney Present

Anything you say about your car accident can be used against you in your insurance claim or lawsuit. This is especially true for recorded statements. 

Insurance companies often ask for recorded statements to make their investigation process a bit easier. They can refer back to your exact words about the accident and use this evidence to support their claims process. Recorded statements can also serve as evidence against you in your lawsuit. 

Avoid making any recorded statements without an attorney present to help you avoid saying the wrong thing. Always ask insurance adjusters and the defendant’s legal counsel whether they are recording your conversation, and assume that they are. 

Mistake #5: Accepting a Quick Settlement That Doesn’t Cover All Your Damages

Car accident lawsuits often settle out of court, which means the defendant offers the plaintiff a sum of money without a judge’s intervention. Expect a settlement offer to come your way before your court date — but avoid accepting an offer that doesn’t adequately cover your damages. 

You may feel tempted to take the first offer you receive just so you can avoid the headache of future settlement negotiations or court dates. But this is one of the more common mistakes after a car accident.  Typically, the first settlement offer for motor vehicle collisions is a lowball one. You may stand to gain a higher settlement by being patient and giving your attorney time to negotiate on your behalf. 

Mistake #6: Skipping Medical Appointments — Or Seeking Unnecessary Treatment 

The judge in your car accident case wants to see that you are taking measures to support your physical recovery. You should attend all medical appointments, follow your doctor’s orders, take medications as instructed, undergo physical therapy, and follow any other recommended actions to help your body heal. 

If you don’t follow your doctor’s instructions, the judge may assume your case is not worth as much as you say it is because the severity of your injuries is partially due to your own neglect. On the flip side, you shouldn’t seek unnecessary medical treatment just to inflate your medical expenses. Assume the defense will find out about this behavior and use it against you during your case. 

Mistake #7: Failing To Hire Experienced Legal Representation 

The skill and experience of your attorney make all the difference in your car accident case. Not hiring the right attorney is one of the common mistakes after a car accident that can seriously hurt your compensation. 

You may want to look for a car accident attorney who practices in Mobile, AL, and has experience with your type of accident. Your attorney should be an excellent communicator and have case studies to back up their success rates. It’s a good idea to schedule a consultation with an attorney to learn more about their skillset before hiring them. 

Jackson & Foster Law: Your Mobile Car Accident Attorneys

Avoid common mistakes after a car accident, like accepting a low settlement offer, by hiring our knowledgeable and passionate legal team. Contact Jackson & Foster Law today at 251-433-6699 to schedule your case evaluation.

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.

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.