Auto Accident Attorney

Madison County, AL, Auto Accident Attorney

Have you been injured in an auto accident Madison County, Alabama?  If the medical bills are piling up and the other driver’s insurance company is not responding to your calls, we can help. If you or someone close to you has been involved in a car accident in Madison County, it is important to seek the help of an experienced attorney. Auto accidents are the cause of numerous personal injury lawsuits in Alabama annually. Despite the pandemic reducing the number of drivers on the road, the accidents that do occur tend to be more severe. As more people return to driving, some may not be as attentive, leading to a rise in property damage, injuries, and fatalities.

Over 40,000 people die annually in the United States in car crashes.  At Ferguson & Ferguson, our Decatur auto accident attorneys represent auto accident victims who have suffered a wide range of injuries. When you have been seriously injured in a car crash, you need to call the most experienced auto accident attorney in Madison County.  Randy W. Ferguson is one of Madison County’s premier automobile accident lawyers. If you or anyone you know has suffered an injury in a Madison County auto accident, contact us for a free case evaluation. We offer no obligation, FREE CONSULTATIONS. It does not matter if you are uninsured, have health insurance, or have deductibles or co-pays you can’t afford. Often, we can help you obtain the medical treatment you need at no upfront or out-of pocket cost to you. We do home and hospital visits if you are unable to come to our Huntsville office. Call  256-534-3435. We can help.

Do You Need a Lawyer After an Auto Accident in Madison County?

For minor accidents in Alabama, it’s quite possible you don’t need an attorney. However, even if it turns out you don’t need to hire a lawyer, phone consultations are always free. If your in doubt, call now. Retaining a lawyer after a car wreck in Madison County may not be the first thing on your mind after a car wreck. However, making sure your attorney is experienced is important, especially when you have suffered serious injuries in an Alabama motor vehicle accident. Our Huntsville auto accident lawyers are experienced and here to help.

• It is important to seek legal advice from an attorney after being involved in an accident. They can guide you through the necessary steps, such as obtaining the police report, providing recorded statements, notifying your insurance company, and explaining the compensation you may be entitled to. If you have suffered serious injuries or a loss of life, an attorney can also help you negotiate for compensation for your auto accident claim. It’s always best to seek professional assistance to ensure your rights are protected and you receive fair compensation.
• If you’ve been injured and need medical treatment, it’s important to seek proper care as soon as possible. Start by seeing a doctor or going to the emergency room if necessary. Be sure to follow all recommended treatments and keep track of all medical bills and expenses. In addition to getting medical treatment, you may also want to consider hiring a personal injury lawyer. A lawyer can help you understand your legal rights and options, negotiate with insurance companies, and seek compensation for medical bills, lost wages, and other damages. If you’re in the Madison County area and need a personal injury lawyer, Ferguson & Ferguson can help. Their experienced attorneys can assist you with every step of the process, from getting medical treatment to hiring experts and seeking compensation for your losses. Contact them today to schedule a consultation and learn more about how they can help you.
• An attorney can advise you on whether to settle your case quickly or file a lawsuit.
• Our attorneys can explain contributory negligence and prepare you for your trial.

If you have been in an auto accident in Madison County, it may be in your best interest to hire an experienced personal injury lawyer. Contact our attorneys now and find out your legal rights.

How to Hire an Alabama Auto Accident Attorney 

What do you need to know about your accident attorney before you hire them? You need to know the following:

• 1. Is the law firm just a settlement mill that does not care about your case. Can your firm take your case to trial if it does not settle. Insurance companies love settlement mills because they pay them less money. Insurance carriers tend to give much better offers to clients of real trial attorneys in Alabama.
• 2. Will you actually ?deal with an attorney that you know and can call at any time. Attorneys are known for not calling back clients. Don’t hire a big settlement mill television and billboard law firm where you get assigned an attorney that you will never talk to or meet. Don’t settle for talking to a paralegal or secretary about your case. If your attorney won’t give you their cell number, go somewhere else.
• 3. Do not hire an attorney because you saw them on television or a billboard. Hire an attorney who is a local attorney with experience handling auto accidents. We are often hired by clients who hired one of the big Birmingham television and billboard settlement firms and never even met their attorney in person. Don’t settle for signing papers online, emails and no return calls from your attorney. Make sure you are a priority to your attorney, not just another fiancé on the floor. You are hiring an attorney, not secretary or paralegal.
• 4. Who is going to do the work in your case? When you hire an attorney, it is their responsibility to keep up with your treatment and obtain all of your medical records and bills. You should not be running all over town trying to collect your records and bills. We hear clients all the time telling us about their previous attorney requiring them to get their records and bills. We also make sure at the end of the case that you don’t have any unpaid bills. Further, we can also assist you in getting the proper treatment in your case.
• 5. Does your attorney stay up-to-date on the latest changes in the law. The law changes, and you don’t want to take on the big insurance companies in court if you are not up to date.
• 6. Is your attorney familiar with the judges and local rules of court. Most big television firms are from our of town or state and have no clue about local court rules or the judges they are trying your case in front of. Hire a local attorney who knows the physicians and courts where you were injured.
• 7. Does the law firm have the financial resources to handle your Alabama auto accident case?

What’s the process after I hire Ferguson & Ferguson?

Most auto accident claims will follow these simple steps:

• After you hire our firm, our Huntsville and Decatur personal injury attorneys will take the information you provided at your initial no-cost consultation and send out a letter of representation to the other driver and their insurance company.
• Deal with motor vehicle property damage right away. If your car was damaged or totaled, you need to get your money or your vehicle repaired. If repaired, you need a rental vehicle as soon as possible. Handling the vehicle damage will be done immediately. We charge nothing for helping with your property damage claim.
• Get medical treatment: You should get treatment right after the accident. We can connect you with a physician or chiropractor near you who can treat you on a medical basis. A lien means the doctor agrees to wait to be paid until your claim is resolved.
• Gather evidence: We gather all evidence right away, like police reports, witness statements, medical records, and video surveillance footage.
• Sena d demand letter: We send a settlement demand letter to the insurance company as early as possible.
• Negotiate settlement: The insurance carrier will respond to our demand letter with an offer. We will negotiate settlement if possible.
• If settled: If a settlement is agreed upon, you sign a release, and they send the check. We deduct our fees and costs and pay the doctors (after negotiating down their bills), and the rest goes to you.
• If there is no settlement: we will prepare and try your case to a verdict.

Who is at Fault in a Madison County Motor Vehicle auto accident?

In rear-end collisions, the driver hitting the back of the other vehicle is usually at fault. Certain circumstances can change liability in these accidents. The Alabama rules of the road requires you to leave enough room between your vehicle and the vehicle in front of you so that you can stop.

In a left-turn collision, the driver making the left  turn is almost always at fault, unless they have a green arrow. That’s because all other vehicles usually have the right of way over a left-turning vehicle. The police officer’s report will often determine liability, even though it is not admissible in court. It is difficult to get around the details of the official police report, even if it is incorrect.

When someone is in a car accident, they may be unsure of what to do? Most collisions are caused by driver error. Usually, the injured party must show that the other driver who caused the crash was negligent. This requires proving four elements: duty, Breach, Causation, and Damages.

• Duty: First, the injured person must show that the other driver owed a duty of care to them.
• Breach of Duty.
• Causation: The injured party must show injuries and property damage were a direct result of the negligent driver’s negligence.
• Damages: Injuries, for instance, medical bills, scarring and losses of income suffered by the victim.

Types of Madison County Auto Accidents

There are numerous types of vehicle accidents. Our lawyers have handled all types of auto accidents. Our firm has represented clients who have been involved in the following types of motor vehicle accidents:

• Rear-end collisions in which one car is struck by another in the back of the vehicle. most common types of accidents.
• Head-on collisions in which the front ends of both vehicles collide, usually causing serious injuries to both drivers and passengers.
• Motorcycle accidents often cause severe injuries or death.
• Bicycle accidents usually cause severe injuries to the bicycle rider.
• Pedestrian accidents usually involve very serious injuries or death. Pedestrian accidents are on the rise throughout Alabama. Often caused by distracted driving.
• Side impact, often called T-bone collisions, is a collision in which one vehicle is struck on either the driver or passenger side of the vehicle. T-bone accidents often happen when a vehicle passes through a red light or stop sign and wrecks into the side of another motor vehicle.
• Rollover accidents in which a vehicle flips or rolls over. Often, SUVs or trucks are involved in these accidents.
• A single-vehicle accident in which a car strikes a culvert, ditch, car, tree, or other object.
• Multi-car Multi-car pileup in which three or more motor vehicles are involved in the accident. About one-third of all motor vehicle accidents involve more than two automobiles. These multi-vehicle accidents are commonly referred to as pile-ups.  Due to the number of drivers and passengers involved, these types of car accidents have the potential to become complicated.
• Commercial vehicle accidents in which 18-wheelers and other large vehicles strike other vehicles.  Big trucks cause big injuries.
• Construction zone accidents usually involve pedestrian workers.
• Bus accidents are often caused by the following:
  • A bus driver swerves or brakes.
  • A pedestrian steps into a bus driver’s blind spot.
  • A bus driver is distracted.
  • Another vehicle crashes into a bus.
• Dangerous road accidents. Potholes and road drop-offs.
• Delivery truck accidents. Trucks are often parked on the road.
• Elderly driver accidents. According to the National Highway Traffic Safety Administration, fatalities in accidents involving elderly drivers will likely triple by 2021.
• Emergency vehicle accidents. Cop cars, ambulances and fire trucks.
• Intersection accidents.
• Taxi accidents. If you have been injured in Alabama in a taxicab, shuttle van or limousine accident, we can help.
• Single vehicle wrecks.

Causes of Madison County Auto Accidents

Thousands are injured each year in automobile accidents in Madison County. There are various causes of car crashes, including:

• Lower gas prices mean more people on the roads in Alabama not paying attention
• Driver fatigue
• Speeding: Almost 1/3 of all fatal car crashes in the U.S. are caused by excessive speeding. Speed limits in Alabama are similar to those in much of the United States, with a minimum of 15 mph in school zones and a maximum of 70 mph on some interstate highways. The speed limit is highly variable in some areas so make sure you check the signs. Here are the general speed limits across the state. School zones: 15 mph
  Residential areas: 25 mph
  Non-paved county roads 35 mph
  Highways 45–55 mph
  Roadways with 4 or more lanes 65 mph
  Interstate highways 70 mph
• Weather and road conditions: Ice, fog, floods, snow and heavy winds create driving hazards and limit visibility for safe driving.
• Driver distractions: Some common distractions are eating, passengers, cell phones, satellite radio, hands-free devices and outside distractions.
• Drunk driving: Drunk driving is one of the leading causes of car accidents in Madison County. It is responsible for nearly 30% of all fatal traffic crashes, resulting in more than 10,000 deaths per year.
• Pedestrians
• Failure to yield
• DVD players, music headphones
• Running red lights and stop signs
• Disregarding traffic signs
• Driving too fast for road  conditions
• Failure to stay in own lane
• Failure to watch for motorcycles
• Failure to yield to pedestrians in cross walks
• Following to other vehicles
• Improper passing
• Reckless driving
• Driving the wrong way
• Texting and driving
• Driving to fast in construction zones
• Wet and flooded roads
• Road debris
• Icy or snowy roads
• Driver error
• Shoulder drop-offs
• Night driving: Night driving is particularly dangerous for new drivers and older drivers with vision problems.
• Drowsy driving
• Overweight and improperly loaded trucks
• Defective vehicle parts
• Poorly maintained vehicle
• Hazardous road conditions
• Confusing road signs
• Aggressive driving
• Trucks
• Potholes
• Speeding

Ways To Stay Safe While Driving in Huntsville and Decatur, Alabama

Nobody plans to be involved in an auto accident, and even the safest of all Alabama drivers can be involved in a serious accident. Regardless, there are steps that a driver can take in order to ensure that they take all appropriate precautions while traveling.

Obey Speed Limits

Speed limits are posted in order to keep all drivers on the road moving and safe. Obeying the posted speed limit is one of the most fundamental safety measures that someone can take on the road.

Avoid Distractions in Your Automobile

Distracted driving is responsible for over 37,000 deaths on American roads each year. A majority of the distractions come from smartphone usage like texting, emailing, or using apps while driving.

Check Your Blind Spots

All motor vehicles have blind spots, although some can be larger than others. It is important that you know and understand the blind spots on your own vehicle so that you can be certain to check for any possible vehicles before changing lanes. This is especially important because of pedestrians, bicycles and motorcycles.

What are the most common auto accident injuries in Madison County, Alabama?

More than half of all Alabama accidents result in an injury to the driver or his or her passengers. If you sustain injuries in a car accident in Alabama, you and your loved ones have a right to be compensated for your injuries. The most common injuries that result in auto accidents include the following:

• Burn injuries
• Catastrophic injuries
• Broken bones
• Lacerations
• Bruising
• Whiplash occurs when an impacted vehicle causes the victim’s head to be thrown forward, backward, or to the side.
• Concussion
• Eye injury
• Seat belt injuries
• Chest injury
• Degloving injury
• Spinal cord injury
• Traumatic brain injury: 17.3 percent of all TBIs (traumatic brain injuries) in the United States are caused by car accidents.
• Amputations
• Paralysis
• Wrongful death
• Soft tissue injuries
• Hip injuries
• Shoulder injuries
• Strained ligaments
• Post-traumatic stress disorder (PTSD) is a common disorder often requiring the treatment of a professional following an auto accident.
• Back muscle sprains
• Scrapes and Cuts
• Contusions
• Broken ribs
• Internal injuries, including abdominal injuries, internal bleeding, injuries to organs and collapsed or punctured lungs.
• Jaw injuries
• Loss of teeth
• Neck injuries
• Crushed larynx
• Crushed trachea
• Broken neck
• Pelvic injuries
• Penetration injuries

What to do After A Madison County Motor Vehicle Accident

• Immediately file an accident report with the sheriff, police, or highway patrol if the agency has not done so at the scene.
• Write down the name, address, vehicle identification numbers (VIN) of the other vehicles involved, insurance company and policy information, and driver’s license number of any and all persons involved in the accident. Record names, addresses and telephone numbers of all witnesses.
• Get photographs of the accident scene, all motor vehicles involved (before repairing them), and any visible injuries to the parties involved, such as cuts, bruises, and scars. Take pictures of guardrails or other objects, like roadway hazards, that you believe may have caused or contributed to your accident and tire marks.
• Note the weather conditions at the time of the accident; the driver’s mental state at the time of the accident; the traffic conditions at the time of the accident; and whether there were any traffic signals in the area.
• Do not talk about the accident or your injuries with anyone, with the exception of your doctor and your attorney.
• Do not give a recorded statement to anyone or sign any document without first reviewing it with your lawyer. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.
• Get medical attention and tell your doctor the nature and extent of your pain and injury, as well as how the injury occurred.
• It is important to keep a daily journal chronicling your injuries.
• Track Your Expenses.
  A strong car accident claim clearly outlines the financial impact of your accident. Save all bills and receipts of expenses related to the accident and injury. keep records of your:
  • medical bills,
  • mileage driven to doctors’ appointments,
  • rental car expenses,
  • time away from work,
  • and any other expenses your accident has caused.

Most Common Mistakes After a Motor Vehicle Accident in Alabama

Having an auto accident can be very stressful and confusing. However, it is important that you remember to avoid these common mistakes in order to maximize your recovery:

• Posting information on social media, including pictures, or making written statements that can be used against you.
• Not getting treatment as soon as you notice a problem.
• Talking with insurance companies and giving recorded statements from either side. They are not on your side.
• Not talking to an attorney first.
• Not telling your attorney the truth.
• Not following the doctor’s orders.
• Trying to do too much too soon.
• Downplaying your injuries.
• Not collecting evidence at the scene. Take pictures, obtain witness statements, & file a police report.
• Admitting anything to anyone at the scene or with an insurance company.

Why You Cannot Trust the Insurance Company

When a crash happens, many people look to their insurance company to help them put their lives back together. That is a mistake. Many of us want to believe that insurance companies have our best interests in mind. But insurance adjusters often work to minimize the amount of money that they have to pay. It is vitally important that you remember one thing: no insurance company is on your side. You cannot trust the other parties insurance adjuster or your own. Their loyalty is to their company, and they will look to deny or settle your car accident claim for as little as possible. In many cases, an insurance company may attempt to deny your claim, saying you were at least 1% at fault.(contributory negligence) That is why you need an Alabama car accident lawyer on your side. You need someone who will look out for your best interests. At Ferguson & Ferguson, our experienced car crash attorneys have settled thousands of auto accident cases over 30 years in business. It is important that you have a car accident lawyer representing you when you are dealing with an insurance company.

Hospitals Serving Madison County, AL

People who are seriously injured and require emergency care in North Alabama have many choices when it comes to medical care. If you have suffered serious trauma in your car accident, you will normally be transported to a local hospitals. If you are in either hospital recovering from your accident, we are available to discuss your case. In most instances, you will receive at least four bills when you are transported to one of these hospitals. The hospital bill, radiology bill, emergency physician bill and the ambulance bill. You may be worried about how you will pay your medical bills and monthly bills. If necessary, we can connect you to companies that offer low-interest loans to cover your living expenses and medical bills while you recover. Our injury attorneys can help guide you through the process of recovering for your injuries. The hospitals you may be taken to after an accident in Madison County are:

• Decatur Morgan Hospital, Parkway Campus
  1874 Beltline Rd., S.W.
  Decatur, Alabama
  Phone: (256) 973-2000
  Website
• Decatur Morgan Hospital, Decatur Campus
  1201 7th St. S.E.
  Decatur, Alabama 35601
  Phone: (256) 341-2000
  Website
• Huntsville Hospital
  101 Sivley Rd SW
  Huntsville, Alabama 25801
  Phone: (256) 265-1000
  Website
• Crestwood Medical Center
  One Hospital Drive
  Huntsville, AL 35801
  Phone: (256) 429-4000
  Website
• Athens Limestone Hospital
  700 Market St.
  Athens, AL 35611
  Phone: (256) 233-9292
  Website
• Cullman Regional Medical Center
  1912 AL-157
  Cullman, AL 35058
  Phone: (256) 737-2000
  Website
• Madison Hospital
  8375 Hwy 72 W
  Madison, AL 35758
  Phone: (256) 265-2012
  Website

Auto Accident Damages You Can Recover

The attorneys at Ferguson and Ferguson are experienced car accident lawyers with a long track record of obtaining for clients the compensation and accountability they deserve. An individual who negligently operates a motor vehicle may be liable for a wide variety of damages that an auto accident may cause, including but not limited to the following:

• Disability, physical impairment and disfigurement
• Loss of consortium for spouses
• Diminished future potential earnings
• Diminished quality and enjoyment of life
• Medical expenses, including surgery, ambulance, therapy, rehabilitation and future medicals
• Past and future lost wages
• Out-of-pocket expenses
• Pain and Suffering
• Wrongful death
• Related expenses for prosthetic devices, braces, walkers and crutches
• The repair costs or fair market replacement value of property losses
• Current and future physical pain and mental suffering
• Reasonable funeral and burial costs in wrongful death claims

You deserve the best Madison County car accident attorney you can hire. Don’t let an insurance company decide what your personal injury claim is worth; contact Randy W. Ferguson. It’s our job to get you the money you’re truly owed in your case.

Investigating Your Madison County Auto Accident

Once our lawyers commence representation, we will thoroughly investigate your motor vehicle claim. We will do the following:

• Visit the accident scene as soon as possible
• Look at the property damage of all vehicles with our experts
• Interview and record eye witnesses to the accident. People move and their memories fade. The faster we can talk to the witnesses, the better outcome for you.
• Determine if weather played a part in the accident
• Take pictures and video of the scene and make any necessary measurements of skid marks. Private and government security cameras often can provide crash information.
• Obtain and review the police report for mistakes
• Perform a background check on the defendant and the owner of the vehicle , including their criminal history and driving record
• Obtain all medical records of defendant before and after the accident
• Retain experts to assist us in presenting your case

I Have a Lawyer, But I’m Not Happy with the Firm

There is no guarantee you will be happy with the firm you hire, especially if they are on a billboard or television outside of Birmingham. You can change attorneys at any time.

Has this ever happened at your law firm?

• When you call, you only get to talk to a secretary or paralegal and never your lawyer
• They emailed you documents without meeting you.
• You rarely get your calls returned on time.
• You have never actually met your attorney.
• Your attorney doesn’t remember the facts of your case.
• It has been weeks or months since you last got a case update.
• Your car is still damaged,  and there is no sign that you will get money to repair it soon.
• You can’t get your lawyer’s cell phone number.
• Your lawyer is pushing you to take a settlement offer that seems low.

When your lawyer is not handling your case correctly, you need to explore your options. Contact Ferguson & Ferguson at any time for a second opinion about your case.

Why Hire Decatur, AL Auto Accident Lawyers (Abogados) Ferguson and Ferguson

The law offices of Ferguson and Ferguson take pride in giving each client individual and personal attention. We have handled thousands of auto accident cases and pride ourselves on our client-centered approach.

• Always choose an attorney with experience handling Madison County car accident cases.
• We are committed to excellent client service.
• We care about our clients and have patience throughout the process
• Free phone consultation 24/7
• Free office consultation as late as 7 p.m. and Saturdays
• Locations in Decatur and Huntsville
• We answer all our clients calls or return them promptly. There are no answering services.
• We keep our clients informed of the status of their case at all times.
• We make sure that our clients understand each step of their case from beginning to end.
• Always consider the past auto accident cases they have handled.
• You should look for an attorney with trial experience in Madison County. Although most auto accident cases will settle, you want to hire a law firm that will take your case to trial. Sometimes an insurance company will only take you seriously if they fear going to court.
• We have great compassion for the physical, emotional, and financial problems that our clients suffered, and will do everything possible to get them through their difficult time.

If you have been in a car crash in any part of Madison County and an injury or death has occurred, you should get help from an experienced car accident attorney. Contact our attorneys by phone or email 24/7 or fill out the free consultation form. Insurance companies have adjusters, investigators, and attorneys working for them. Their goal is to limit the amount of money paid to auto accident victims. No insurance company is ever on your side. Don’t make the adjusters job easier by providing them with information that they can use or manipulate to deny your claim. Make sure you have the best auto accident attorney you can hire on your side to aggressively protect your interests.

Alabama Is A Fault Insurance State

It is important to understand that Alabama is a “fault-based” state when it comes to car accidents and the question of liability. This ultimately means that those injured must prove fault of the other party in the accident.

Alabama Auto Insurance Requirements

Mandatory liability insurance in Alabama was the following as of 2024:

• $25,000 for bodily injury or death per person
• $50,000 total for bodily injury or death per accident
• $25,000 for property damage

The insurance limits in Alabama do not provide enough coverage in most accident claims. Because the insurance limits are so low, you should try to have your own medical payments coverage and be uninsured on your auto insurance. Healthcare is very expensive, and a long hospital stay can destroy a family financially. It is so important to check your auto insurance policy to make sure you are covered. Since most people do not have assets to cover a major accident, protect yourself with sufficient uninsured coverage.

Alabama is a contributory negligence state. If you contributed to the accident by one percent, you may be unable to recover any damages from the other driver’s insurance or your own. Insurance companies understand that they may be able to avoid paying you damages by showing that you contributed to the auto accident. That is why you need to hire our firm immediately after an accident, or the evidence may be lost and your case will be gone forever.

Auto Accident FAQ’S

Q&A with an Alabama Auto Accident Attorney

After a car accident, you often have questions. Our goal is to help you better understand your rights. After reading the below FAQs, we encourage you to give us a call. We are here to help.

What Happens if I am Injured in an Accident Visiting Alabama?

If you are hurt in Alabama, where the laws are confusing, to say the least, you need to hire a local attorney. Being a non-resident and living a distance away from where the liable party lives can be difficult. You need an experienced Alabama personal injury lawyer who handles auto accident cases throughout the state.

How much is this going to cost?

We work on a contingency fee basis, meaning we get paid out of what we collect for you. The fee is a percentage of the total recovery. If we don’t recover for you, you owe us nothing.

What are my legal rights if another driver caused my accident and injuries?

You have a right to recover for your property damage and your personal injury damage. Under most circumstances, your case can be settled without filing a lawsuit.

How much is my claim worth?

Every claim is different. This is the most common question we receive at our initial free consultations. No two car accidents are the same, just as no two injuries are the same. It all depends on your physical injuries, medical bills, lost wages, subrogation, available insurance coverage, and your attorney. Our goal is to get you the maximum compensation possible in your auto case.

Should I settle with the auto insurance company?

Insurance companies are not in the business of paying out large settlements. They like to take your money but not pay it out when you are hurt. Their goal is to pay you nothing or as little as possible. You should always talk to an attorney before settling any auto accident case.

How long do I have to file a claim after an auto accident?

The statute of limitations for personal injury claims in Madison County, Alabama, is two years from the date of the incident. The statute of limitations is different for minors under 19. If you don’t settle or file before two years, your case is gone forever. You have two years from the date of your car accident to file a personal injury lawsuit, per Alabama Code § 6-2-38. A general two-year deadline also applies to wrongful death lawsuits, per Alabama Code § 6-5-410. Failing to take legal action within this time frame could prevent you from recovering damages via a lawsuit. Although this may seem like a generous amount of time, it can go quickly as you struggle to put your life back on track after a serious accident.

How can an attorney help me?

If you have been injured in a car accident in Decatur or Huntsville, Alabama, you should hire a local attorney, not someone off television. The attorneys at Ferguson & Ferguson have over 60 years of experience handling car accidents in north Alabama. We will communicate with insurance companies, get your medical records and bills, and negotiate in our client’s best interest. We can also assist you with making medical appointments, locating doctors, vehicle repairs, car rentals, and compensation for loss of income.

Should I file a police report following an accident?

Always, a police report is very important in your case.

Should I release my medical records to the insurance company?

Never release your records to an insurance company. Let your attorney get your records for the insurance company.

How do I pay my medical bill?

Lawyers are not permitted to loan or advance money to clients, but we are often able to help you get the medical treatment you need, even if you cannot presently afford it. Talk to us about your specific needs, and let us work to help you get the treatment you need.

Does the other insurance company pay my medical bills if the other driver admits fault?

No. You shouldn’t expect any payments until a settlement is reached.

The insurance company is offering a settlement. Should I accept it?

No, unless it was a very minor fender bender. Insurance companies do not make reasonable offers to unrepresentative people. In most cases, we can get you a much better settlement than what the insurance company offers.

What happens if I am partially at fault for the accident in Alabama?

Contributory negligence means that if you are at fault at all, you cannot recover anything in your car accident case. Talk to a lawyer before you just believe the insurance company. Insurance companies often say you were 1% at fault to avoid paying you what you deserve.

Can I recover if I am a passenger injured in an accident?

Yes. You can recover against the other driver’s insurance if they are at fault for the accident. You can even recover against the driver of your vehicle if they were wanton. If one or both drivers are at fault and are uninsured or underinsured, you may be able to recover from your own uninsured or underinsured automobile insurance.

Can I recover if the other driver is uninsured, underinsured, or leaves the scene?

Yes. If you have uninsured and underinsured coverage on your own insurance, you can recover just like you can from the other driver. You can also stack the coverage on all vehicles you own.

Who is responsible for my rental vehicle?

If the other person is at fault, his or her insurance company will provide a rental while yours is being repaired. If liability is being debated, you should be able to obtain a rental from your insurance company.

Statistics

Did you know that?

• 32% of drivers write or text while driving.
• 42% of drivers read texts while driving.
• 70% of drivers talk on their cellphones while driving their cars.
• 48% of drivers say they have driven 15 mph over the speed limit on an interstate.
• 32% of drivers admitted to drowsy driving. Drowsy driving kills thousands each year.
• 39% of drivers reported running red light.
• 13% of drivers admitted to driving under the influence of alcohol.

The Insurance Institute for Highway Safety (IIHS) reviewed data from the National Traffic Highway Safety Administration regarding 51,490 fatal auto accidents and found the following types of driver behavior contributing to the cause of the accident:.

• Driving too fast for conditions (speeding): 16.7%
• Driver’s under the influence of drugs, alcohol or medication: 10.1%
• Failure to keep in proper lane: 7.2%
• Failure to yield to the right of way: 7.0%
• Careless driving: 5.4%
• Distracted driving (talking on cell phone, texting, eating): 5.2%
• Failure to obey traffic signs (stop signs and traffic lights): 3.9%
• Reckless or negligent driving: 3.8%
• Over-correcting/over-steering: 3.1%
• Vision obscured (by rain, snow, sun glare, trees and other road hazards): 3.0%
• Wrong-way driving: 2.4%
• Swerving to avoid a road condition or object: 2.3%
• Making improper turn: 1.2%
• Other factors: 10.1%
• Unable to determine factors of crash: 17.8%

The Car Accident Settlement Process in Alabama

Our car accident lawyer will discuss the facts of your case in an honest and straightforward manner, including the odds of you winning or losing in court. We determine the parties who might be liable for your injuries. We will go over your medical records, bills and wage loss information and explain how we calculate the value of your claim. Calculating the value of your claim and presenting all of the necessary supporting evidence and documentation. At that point, we will make a demand on the insurance company in your case. We talk to the adjusters and negotiate your case. If they do not make you a fair and reasonable offer, we will go to trial if needed. Usually, a trial can be avoided and a favorable settlement can be reached. Our goal is to get you a fair settlement. We are not a settlement mill law firm that will talk you down in terms of settlement to benefit us. You decide if the settlement is fair to you. To reach an experienced Alabama car accident attorney, please call us at (256) 534-3435.

Steps in an Alabama Auto Accident

The first thing to do is draft and file complaint. The complaint lists the details of the accident and who is responsible. The defendant normally has 30–45 days to answer the complaint.  If the defendant has insurance, the insurance company for the defendant normally hires an attorney to answer the complaint served on the defendant. After the complaint is answered, the discovery process starts. This is where the parties exchange relevant information related to the case. This includes filing admissions, production, interrogatories and usually depositions. If the case does not settle, the parties often go to mediation in Madison County. If the case does not settle, the case goes to trial. This is where you go in front of a jury and present opening statements, evidence and closing arguments. During the trial process, you have the right to settle at any time. If the other party provides a settlement offer that is satisfactory, you may settle the case before you get a jury verdict.

Madison County Driving Laws

Some of the general Alabama driving rules include the following:

Blood Alcohol Limits: Alabama law now limits blood alcohol to 0.02% for drivers under age  21. The rules allow drivers over the age of 21 to have a maximum BAC of 0.08%.
Pedestrian Right-of-Way: Pedestrians always have the right of way against vehicles, even if the pedestrians disobey the law. Although pedestrians can be contributorily negligent,.
Automotive Right-of-Way: At Alabama intersections, no vehicle has the right of way except those granted by traffic signals and stop signs.
Emergency Vehicles: You must allow 500 feet between your vehicle and any emergency vehicle. Alabama move-over law requires you to move over one lane if an emergency vehicle is in the lane next to you. If you can’t move over, you must slow down 15 miles below the speed limit.
Mandatory Seat Belts: Passengers must now wear seat belts in front and back seats. Toddlers and infants must be secured in a child’s safety seat or booster seat.
Parking and Turning: The law in Alabama permits a right turn at red lights as long as you follow any traffic instructions. Making U-turns is legal if you can make them safe while not impeding traffic.
Parking Laws: Generally, parking laws for cities are posted, but beware of parking at curbs painted yellow, red or in front of a bridge.

We’re available 24/7 to give you strong legal advice. Free Case Review

As an auto accident victim, you need legal advice from a local law firm you can trust. When you are injured in an auto accident in Alabama, you need trusted trial lawyers with experience representing auto accident victims. Recovering compensation after a Madison County, Alabama, auto wreck can be difficult, and a knowledgeable Huntsville auto accident lawyer can make all the difference.  Are you looking for an attorney by searching for the best car accident attorney near me” or the “best auto accident lawyer near me”? With all of the cheesy out-of-town attorney television and billboard ads you see, it can be difficult to determine who to call. If you need a Huntsville, Alabama, automobile accident lawyer, you need to hire the best auto accident lawyer you can. Some attorneys, due to their lack of skill or resources, may not pursue all claims and compensation available to them. Many of the television and billboard attorneys have you talk to their paralegals and never return calls. Don’t hire an attorney who you will never meet or a law firm that bounces you between attorneys. If they send you the paperwork to sign, throw it in the garbage and call us. At Ferguson & Ferguson, you only deal with attorneys. A client should be able to get a hold of their attorney at all times. All of our personal injury attorneys give their clients their cell phone numbers and email addresses. If you have been a victim of an automobile accident in Decatur, Alabama, do not hesitate to call our skilled and experienced personal injury attorneys for a free assessment of your situation. Our consultations are free. We can visit you or your loved one at a hospital, residence, or workplace. Take the first step and call us today if you’ve been seriously injured. Our mission is to insure that you have the best representation you can get in your case. Call now 256-534-3435. We can help.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Our auto accident firm handles cases in the following Alabama cities  and counties: