Car Accidents

Huntsville Car Accident Lawyers

Best Huntsville Car Accident Attorney Near Me

Have you been injured in a Huntsville, Alabama, car accident caused by someone else’s negligence? If you have been involved in a Huntsville, Alabama, car accident, the first moments following the crash can be overwhelming. Expect the coming days and weeks to be stressful and confusing. Usually, the bills are piling up, and the insurance company is giving you the run-around. After a car accident, your mind may be riddled with questions. We have all the answers. Are you searching for the best car accident attorneys near you? Are you looking for the best car accident lawyer (abogado) you can hire? When you have been seriously injured in a car accident, you need to call the top-rated Huntsville car accident attorneys. Serious accident victims call when they have been injured. Randy W. Ferguson is Huntsville’s premier car accident lawyer. We offer no obligation, FREE CONSULTATIONS.  Home and hospital visits are available if you are unable to come to our Huntsville office. Call 256-534-3435. We are here to help you.

Effectively handling a car accident case requires a combination of resources and diligence. A thorough investigation is crucial, which includes preserving physical evidence like the vehicles involved and contacting witnesses promptly to gather accurate and fresh accounts of the event. Taking photographs of the accident scene and any injuries can also be indispensable. Given the complexity of automobile accident cases, enlisting the support of professionals beyond the legal realm is often necessary. Establishing a network of medical, accident reconstruction, and vocational rehabilitation experts can bolster the preparation and presentation of the case, enabling a higher level of service to be provided to each client. As insurance companies typically have their own legal and investigative resources, having an experienced personal injury legal team is essential to ensuring that your rights are protected and advocated for effectively.

Types of Alabama Car Accidents

There are numerous types of motor vehicle accidents. Our attorneys have the expertise to handle all types of car accidents. Our car crash lawyers in Huntsville have represented clients who have been involved in the following types of accidents:

• Hit-and-run accident: Alabama law mandates that drivers involved in a traffic accident must remove their vehicle from the road if possible, provide their contact information to the other drivers involved, and offer aid to anyone who is injured. Hit-and-run drivers may face criminal penalties upon being caught. However, if they are not caught, the victim of an accident caused by a hit-and-run driver may require the services of a Huntsville car accident lawyer to seek compensation from their insurance policy.
• Rideshare accidents: If you are injured in a collision while traveling in an Uber or Lyft vehicle or hit by a rideshare vehicle, you could be entitled to compensation. Both Uber and Lyft provide up to $1 million in coverage for their drivers.
• Rear-end collisions in which one car is struck by another in the back of the vehicle. Rear-end crashes are the most common type of car accident.
• Head-on collisions, in which the front ends of both vehicles collide, usually cause serious injuries. Head-on crashes are often a result of impaired or distracted driving. Head-on collisions are most common on rural, undivided, two-lane roads. The majority of fatal head-on collisions happen when a vehicle is navigating a curve and accidentally crosses over the center line. Additionally, these collisions can occur if a vehicle goes off the side of the road and overcorrects when trying to get back onto the road, leading them to cross the center line.
• Motorcycle accidents usually cause severe injuries or death.
• Backing-up accidents occur when a negligent driver reverses and the rear end of their vehicle collides with another car or pedestrian.
• Bicycle accidents.
• Pedestrian accidents usually involve very serious injuries or death.
• Side impact or T-bone collisions in which one vehicle is struck on either the driver or passenger side of the vehicle.
• Rollover accidents are accidents in which a vehicle flips or rolls over. Often SUVs or trucks.
• A single-vehicle accident in which a car strikes a ditch, car, tree, or other object. Sometimes these accidents are caused by passengers or animals. These crashes often occur after the driver has a medical emergency or if the driver is impaired by drugs or alcohol.
• Sideswipe accidents result when the side of one vehicle collides with the side of another vehicle traveling in a parallel or opposite direction. According to data from the Federal Motor Carrier Safety Administration (FMCSA), large truck sideswipe accidents are common and resulted in 20,000 injuries and over 300 fatalities in 2020.
• Multi-car pileup in which three or more vehicles are involved in the accident. In multi-car accidents, the typical injuries experienced by those involved can be quite serious. Because emergency response vehicles may have difficulty reaching injured passengers on crowded freeways, injuries sustained in such accidents can be compounded. Survivors of multi-car collisions often suffer from a range of injuries, especially when the accident occurs at high speeds. Even those who initially seem relatively unharmed may end up with injuries due to the cumulative impact of each vehicle involved. Common injuries seen in multi-car accidents include fractures, traumatic brain injuries, spinal cord, and neck injuries, as well as internal injuries. These types of accidents can result in a variety of serious injuries, emphasizing the importance of caution and vigilance on the roads. In cases of a multi-car accident, determining responsibility can be quite complex. It is possible that multiple individuals could be at fault, making it challenging to assign blame to a single party. This scenario usually involves the involvement of several insurance companies, each representing their respective clients involved in the accident. Due to the complexity of such incidents, none of the insurance companies may readily accept responsibility on behalf of their clients, further complicating the process of determining liability in a multi-car collision.
• Commercial vehicle accidents in which 18-wheelers and other large vehicles strike other vehicles.

Our firm has been handling the most difficult types of motor vehicle accidents for over 30 years. We can get you the compensation you deserve.

Accident Statistics

In Madison County, the city of Huntsville accounted for 73% of all traffic accidents, 49% of fatalities resulting from car accidents, and 69% of injuries that did not result in death and were related to vehicular crashes. In 2022, there were 144,263 car accidents in Alabama. There were over 37,000 injuries. Did you know that in 2021, 39,508 people were killed on U.S. highways? 2021 was the deadliest year on record since 1990.  Alabama accident deaths increased by 3% in 2021, while Tennessee deaths increased by 18%.

According to the Government Accountability Office (GAO), more drivers during the COVID-19 pandemic years engaged in risky behaviors like failing to wear seat belts, speeding, and driving under the influence of alcohol. Accidents involving commercial vehicles, motorcycles, pedestrians, speed, and alcohol increased sharply between 2019 and 2021.  Huntsville has one of the highest death rates for car accidents in the country. In 2020, Huntsville averaged 12.81 car accident deaths per 100,000 residents. (26 total) Huntsville also averaged 3.94 pedestrian deaths per 100,000 residents (8 total) The preliminary estimate of traffic fatalities for 2021 has been made public by the National Highway Traffic Safety Administration. According to estimates from NHTSA, 42,915 individuals died in motor vehicle crashes in 2021, a 10.5% rise over the projected 38,824 fatalities in 2020. The projected number of fatalities represents both the largest annual percentage increase in the history of the Fatality Analysis Reporting System and the highest number of fatalities since 2005.

As one of the most populated areas in Alabama, statistics show there have been tens of thousands of Decatur, Athens, Cullman, and Huntsville motor vehicle crashes in recent years. Distracted driving is dangerous even when phones are not involved, and it is routinely shown to be a significant factor in many accidents. According to the CDC, over 2,800 people were killed in accidents caused by distracted driving, and 400,000 accidents across the country involved this dangerous behavior. Drive Safe Alabama shared the following statistics from 2017 about traffic accidents in Alabama:

• A traffic crash was reported every 200 seconds.
• A person was injured in a traffic crash every 11 minutes and 2 seconds.
• A texting driver is 23 times more likely to get into a crash than a non-texting driver.
• Most crashes occur in urban areas, while most fatalities occur in rural areas.
• 50% of all fatal crashes in 2016 occurred at night.
• According to the National Highway Traffic Safety Administration (NHTSA), between the years 1979 and 1986, nearly 228,000 people were maimed and killed by car accident fires.
• The state had a higher 2020 crash fatality rate than the national rate of traffic-related deaths, and
• Nearly 60 percent of crashes involved people who did not use their safety restraints, despite their availability.
• Around 32.3% of road accident survivors report suffering from post-traumatic stress disorder (PTSD), 17.4% experienced depression and 5.8% reported feeling anxious

Additionally, the traffic fatalities in the following categories showed relatively large increases in 2021 as compared to 2020:

• Fatalities in multi-vehicle crashes are up 16%
• Fatalities on urban roads are up 16%
• Fatalities among drivers 65 and older are up 14%
• Pedestrian fatalities are up 13%
• Fatalities in crashes involving at least one large truck are up 13%
• Daytime fatalities are up 11%
• Motorcyclist fatalities are up 9%
• Bicyclist fatalities are up 5%
• Fatalities in speeding-related crashes are up 5%
• Fatalities in police-reported alcohol-involvement crashes are up 5%

2020 Alabama: Total Crashes, Type of Road
Ranking Type of Road Percent of Total Crashes

• #1 City: 39.1%
• #2 State Routes: 18.9%
• #3 County: 14.8%
• #4 U.S. Routes: 12.9%
• #5 Interstate 11.1
• #6 Other 3.2%

Alabama Car Insurance

If you are injured in a car crash in Alabama due to the negligence of another driver, you can file a claim against the negligent party’s insurance company. In Alabama, anyone who owns and registers a car must purchase car insurance coverage, although many don’t have insurance or cancel it after getting their tags. Policies: Alabama must provide coverage for at least:

• $25,000/$50,000 in Bodily Injury Protection, and
• $25,000 in property damage liability.

Insurance companies in Alabama are also required to offer uninsured or underinsured motorist bodily injury coverage. Drivers can decline the coverage in writing if they choose. Uninsured/Underinsured is the most important insurance you can buy to protect yourself from uninsured or underinsured drivers. It is cheap to purchase and may be the difference between getting fair compensation or getting nothing. Alabama is known for having a lot of uninsured drivers. In Alabama, you can also stack the coverage of up to three vehicles on a single policy, or unlimited if on separate policies.

Causes of Huntsville Car Accidents

According to the National Highway Traffic Safety Administration, there are more than 35,000 fatalities and hundreds of thousands of injuries each year caused by motor vehicle accidents. Thousands are injured each year in car accidents in Huntsville, Alabama. All too often, individuals do not consider the risks of texting, answering the phone, writing or replying to an email, or checking Twitter, Facebook, or Instagram while driving. The number one cause of car accidents in Alabama and the U.S. is distracted driving. Whether a driver is using their phone, GPS, eating, drinking, or talking with other passengers while driving, they are risking their lives, their passengers’ lives, and other drivers’ lives. There are various causes of car crashes, including:

• Driver fatigue: Drowsy driving is also called fatigued driving. It is driving while you are sleepy or tired
• 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 at 65 mph
  Interstate highways 70 mph
• Weather and road conditions: fog, ice, floods, snow, and heavy winds create driving hazards and limit visibility for safe driving.
• Driver distractions: driving while focused on any object or activity that takes your attention away from the road. Some common distractions are passengers, cell phones, satellite radio, hands-free devices, and outside distractions.
• Drunk Driving: Driving under the influence of drugs or alcohol increases the risk of getting into a car accident. Drunk driving can cause you to become drowsy, have slower reaction times, and lose focus.
• Failure to yield: Failure to yield is one of the most common causes of car accidents in the United States.
• Running red lights and stop signs: People running lights were responsible for 846 deaths in the U.S. in 2018. People often run red lights trying to get through the intersection on a yellow light. They also run lights because they are distracted.
• Disregarding traffic signs: Drivers often do not pay attention to or follow traffic signs.
• Driving too fast for conditions: speeding in rain, snow, or high traffic often causes accidents.
• Failure to stay in your lane: Not keeping your vehicle in your lane can cause accidents. Moving into another traffic lane without properly signaling or checking first to ensure it is clear.
• Failure to watch for motorcycles: Motorcycle accidents are usually caused by drivers not seeing motorcycles in their blind spot or pulling out in front of motorcycles.
• Failure to yield to pedestrians: pedestrians have the right of way in crosswalks. Drivers frequently do not see pedestrians or fail to slow down for crosswalks.
• Following to close: Rear-end accidents are usually caused by drivers tailgating or following too close.
• Improper passing: Passing in no-passing zones can cause head-on collisions.
• Reckless driving: speeding, drinking and driving, and distracted driving.
• Wrong way driving: Wrong way driving is going the wrong way down a road or interstate. Drunk drivers, the elderly, and people driving on unfamiliar roads often cause wrong-way head-on collisions.
• Texting and driving: The most common distracted driving ace caused by texting and driving.
• Drowsy driving is also called fatigue driving.
• Overweight trucking loads: improperly loaded trucks or overweight trucks cause eighteen-wheeler accidents.
• Defective vehicle parts: Defective brakes or tires often contribute to car accidents.
• Hazardous road conditions—potholes, drop-offs, and other defects—often cause car accidents. You may be able to recover against the construction company or the government agency responsible for maintaining the road.
• Confusing signs: Confusing signs can cause drivers to go the wrong way.
• Unsafe roads: Potholes can cause a driver to lose control, damage a vehicle, and lead to an accident. Things such as roads with limited visibility and the failure to post proper traffic signs can all be contributing factors to severe motor vehicle collisions.
• Construction zones: Many accidents in construction zones are caused by speeding.
• Wet roads: Wet roads reduce your stopping distance and can cause rear-end and head-on collisions.
• Road debris: Items dropped on the roads by vehicles can cause vehicles to lose control or damage their vehicles, thereby causing a car accident.
• Icy or snowy roads: Slick roads can lead to drivers losing control.
• Shoulder drop-offs: Road defects or drop-offs can cause a car to lose control or flip over.
• Aggressive driving: Aggressive driving can manifest in unsafe driving tactics such as tailgating, excessive lane changes, and speeding.
• Driving at night: Nearly half of all fatal accidents happen at night. Oftentimes, drivers are drunk, fatigued, or unable to avoid animals or cars that enter their lane of traffic.

How is the fault determined in a Huntsville Car accident?

Alabama is a fault state. Insurance companies and attorneys determine fault by the following:

• Independent eyewitness testimony
• Video evidence
• Location of damage on the vehicles
• Marks and debris on the roadway
• Injuries to both parties
• Cell phone records
• Drug and alcohol tests
• Police Report
• In-car data systems

Dangerous Roads in Alabama

Accidents can occur anywhere, including parking lots, on the highway, or even in your driveway. The
The most dangerous roads in Alabama include the following:

• Beltline Road;
• Highway 431;
• 6th Avenue;
• Interstate 85;
• Interstate 20;
• Interstate 65;
• University and the Parkway Huntsville;

Responsible Parties in an Alabama Car Accident

If you have been in a car accident in Huntsville, you can recover from the following:

• Truck drivers
• Trucking companies
• The driver of your car, if you were a passenger
• Passengers in your car, if you were the driver
• Drivers of other passenger cars on the road
• Motorcyclists
• Truck drivers
• Loaders of trucks
• Trains
• Bus drivers
• Transit companies
• Uber and Lyft drivers
• Employers of at-fault parties
• Vehicle manufacturers
• Bicyclists
• Pedestrians
• Road maintenance or contractors
• Bars or taverns
• Maintenance companies
• Drunk drivers
• Government agencies

How Can You Get Ready for Your Case?

If you’ve never been in a car accident before, you might be unsure of what to do next. First and foremost, have yourself checked out by a doctor as soon as possible. Even if you do not believe you have incurred any significant injuries, it is worthwhile to have a doctor examine you to be certain. Internal injuries might take days or weeks to manifest, depending on the severity of the injury.

It’s also crucial to have the facts correct about the case. As quickly as you can, jot down whatever you can remember. If you can, taking images of the accident can also be beneficial. Any small detail can make a big difference. Don’t be scared to jot down even the most insignificant details in your case. To prove that you were not at fault for the accident, you must show that someone else was at fault. We can assist you in crafting an argument and conducting our research, but any information you can provide would be helpful.

What to do After A Huntsville, AL, Car Accident

The following steps are meant to explain the process you can take to resolve your claim, but remember that you will need to adjust the process depending on your circumstances. After a car accident, you are often confused and unsure of what to say or do. Remember, once you are working with a Huntsville car accident attorney, they will be able to handle these steps for you. Always remain at the scene until you can speak with the other party involved if you can. Never admit you were at fault, and do the following:

• Call 911. The law requires you to do certain things after an accident. If you make the call, be sure you do not admit fault for the accident.
• Immediately file an accident report with the police, sheriff, or state trooper if the agency has not done so at the scene. A police report tells what the officer thinks happened in an accident. It tells what the officer saw and learned about the event from the scene, parties, and witnesses. It is the officer’s opinion based on his investigation. It is not admissible in court. You must file a report to protect yourself. You will also need it to talk to your insurance company Police reports are for accidents that happen on public roads, not private property. The driver in the accident must report the accident using the SR-31 form within 30 days. Fill out this form if there was death, injury, or property damage exceeding $500 inflicted. However, if your accident only resulted in property damage of less than $500 in value, you may not be required to call the police. According to Alabama Code 32-10-6, failing to report an accident that resulted in only property damage is a Class A misdemeanor.
• Get the name, address, insurance information, vehicle license number, and driver’s license number of any person involved in the car accident. Record names, addresses, and telephone numbers of all witnesses.<
• Obtain photographs of the accident scene, all vehicles involved (before repairing), and any visible injuries to the parties involved, such as cuts, bruises, and scars.
• If you have a dashcam installed by a company like BlackBoxMyCar, recover any footage that documents the accident.
• Do not discuss the accident or your injuries with anyone except your doctor and your attorney.
• Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. 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 at the scene. Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury and how the injury occurred. The most important thing throughout the entire process is getting appropriate medical care, but the additional benefit is that you will generate significant documentation that will help to prove your pain, suffering, and injuries from the car crash. Make sure that you are in close contact with your doctor. The longer you wait for treatment, the more likely it is that the adjuster will argue you were not hurt very badly or had another accident.  Further, it will be harder for your doctor to relate your injuries to the accident the longer you wait for treatment.
• Track your expenses. If your car is written off in an accident, you may have to fork out a lot for a new car, so looking for a used car may be your best option.
  A strong claim clearly outlines the financial impact of your accident. Keep records of your:
  • All medical bills, including doctor’s visits, surgery and therapy,
  • Future medical bills, including long-term care,
  • mileage driven to all medical providers,
  • rental car expenses,
  • time away from work,
  • and any other expenses your accident has caused.
• Call us immediately so that one of our motor vehicle personal injury lawyers, who focuses on helping injury victims of Alabama car accidents recover the compensation you deserve in a motor vehicle accident, Don’t wait until after you have filed a claim with the insurance company. Insurance companies are looking for any reason to limit your settlement amount. Insurance adjusters are skilled in handling car accident cases and are working on behalf of the insurance company, not you. You deserve a local Alabama personal injury attorney to fight for your best interests.

If you have been in a car accident, there are crucial steps you must follow. Remember, being involved in a car accident can have long-lasting implications, so it is vital to take the necessary steps promptly. When you hire Ferguson & Ferguson, you do not have to run around collecting this information. Our Huntsville car accident lawyers are skilled at gathering this information and will make sure nothing is missing from your report or the information you have collected.

How to Get an Alabama Motor Vehicle Crash Report

There are a few different ways to get an accident report after a car wreck in Alabama.  The easiest way is to download the crash report for $15 on the Alabama Law Enforcement Agency’s website. According to Alabama Code 32-10-7, the police must turn in their report within 24 hours after completing the investigation of the car accident. The accident report may take up to 10 business days after the day of the accident for it to be available online. You must provide your name, your driver’s license number, or your accident report number to access your crash report. You will also need to use your email and your debit or credit card to pay the fees and obtain them.  The crash report will then be sent to your email within 48 hours. You can also call  ALEA at (334) 242-4241 to request and pay for the report by phone.  Lastly, you can go to a driver’s license reinstatement office to request and pay in person. If you have problems, call the Alabama Law Enforcement Agency at (334) 242-4241. You can also go to an ALEA Driver License Office to purchase a crash report at any of the locations in Alabama.

Filing a Car Insurance Claim in Alabama

There are a lot of car insurance companies, many of which have online options available to file a claim for injuries or damage to your vehicle. Here are the websites where you can file claims with insurance companies:

• Allstate
• Alfa
• State Farm
• Liberty Mutual
• Nationwide
• GEICO
• Progressive
• Farmers
• USAA

When dealing with the insurance company after a car accident in Alabama, it is crucial to proceed with caution. As the aftermath unfolds, remember these key steps: ‘Do not discuss the accident or your injuries with anyone, except your doctor and your attorney.’ It is essential to protect your rights by refraining from disclosing sensitive information that could potentially harm your case. Additionally, ‘Do not consent to a recorded statement or sign any document without first reviewing it with your attorney.’ Innocent statements made with good intentions can easily be twisted to undermine your recovery. By following these steps diligently and seeking guidance from legal professionals, you can navigate the insurance claims process with confidence and safeguard your interests.

What are the legal steps after a Huntsville car accident?

After an Alabama car accident, the legal process involves several key steps to ensure you receive proper medical treatment, assess the extent of your injuries, and handle insurance claims efficiently. Here is an overview of the process:

1. Medical Treatment: The first step after a car accident is to seek medical treatment for your injuries. It is crucial to fully understand the extent of your injuries before attempting to settle your claim. You may need to see multiple doctors, including specialists, to determine the necessary treatment to heal your injuries.

2. Insurance Claims: You will need to file a car accident claim with the at-fault driver’s insurance company. Additionally, you may need to involve your own insurance company if the at-fault driver is uninsured and you have coverage for uninsured motorists or underinsured motorists. Your attorney can help navigate these insurance claims processes and advise you on the best course of action.

3. Legal Representation: It is advisable to secure legal representation from a car accident lawyer. Your attorney can handle communication with insurance companies, review insurance coverage details, assist with finding appropriate medical treatments, and help with car repairs and alternate transportation arrangements.

4. Gathering Evidence: Your attorney will collect all necessary documentation related to the accident, including medical records, bills, and other accident-related expenses. This information will be used to build a strong case for your claim.

5. Demand Letter: After completing medical treatments, your lawyer will send a demand letter to the defendant’s insurance company. This letter will outline the facts of the claim, including liability for the accident, medical treatments received and needed, the extent of injuries, lost wages, and other damages.

6. Negotiation and Settlement: The insurance company may agree to the demand letter, or negotiations may continue with back-and-forth communication between your attorney and the insurance company. If a fair settlement cannot be reached, the next step is to file a lawsuit and prepare for trial.

7. **Trial Preparation**: If your case goes to trial, your attorney will handle all aspects of preparation, including gathering evidence, witness testimony, and legal arguments. Your attorney will advocate for your rights in the courtroom, presenting a strong case before a judge or jury.

By following these steps and seeking experienced legal representation, individuals involved in an Alabama car accident can navigate the legal process effectively to secure a favorable outcome for their claim.

Hospitals Serving North Alabama

People who are 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 auto accident, you will normally be transported to one of the following hospitals: If you are in the hospital recovering from your injuries, we are available 24 hours a day 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, the radiology bill, the emergency physician bill, and the ambulance bill. If necessary, you may receive other treatments and bills from orthopedic surgeons and other physicians. 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 from your injuries. The hospitals in North Alabama 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 35801
  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
• Highlands Medical Center
  380 Woods Cove Rd
  Scottsboro, AL 35768
  Phone: (256) 259-4444
  Website
• Marshall Medical Center, North
  8000 AL-69
  Guntersville, AL 35976
  Phone: (256) 571-8000
  Website
• Marshall Medical Center South
  2505 US-431
  Boaz, AL 35957
  Phone: (256) 593-8310
  Website
• North Alabama Medical Center
  1701 Veterans Dr
  Florence, AL 35630
  Phone: (256) 629-1000
  Website
• DeKalb Regional Medical Center
  200 Medical Center Dr. SW
  Fort Payne, AL 35968
  Phone: (256) 845-3150
  Website
• Helen Keller Hospital
  1300 South Montgomery Avenue
  Sheffield, AL
  Phone: (256) 386-4196
  Website
• Lawrence Medical Center
  202 Hospital Street
  Moulton, AL 35650
  Phone: (256) 974-2200
  Website
• Gadsden Medical Center
  1007 Goodyear Ave
  Gadsden, AL 35903
  Phone: (256) 494-4000
  Website

What are the most common car accident injuries?

More than half of all accidents in Alabama result in an injury to the driver or his or her passengers. If you or a loved one sustains injuries in a car accident in Alabama, you and your loved ones have a right to be compensated for your injuries. Many of the injuries we see include the following:

• Burn injuries
• Catastrophic injuries
• Broken bones: Partial or complete fractures of bones in the upper body, abdomen, limbs, or digits.
• Lacerations
• Bruising
• Whiplash  caused by jerking motions that affect the neck, shoulders, and upper back includes:
  • Extreme neck pain: Whiplash is a common neck injury that occurs in car accidents and is characterized by the sudden back-and-forth motion of the neck. This can lead to neck pain, stiffness, and reduced range of motion, impacting the individual’s daily activities and quality of life.
  • Strong headaches
  • Damage to the diaphragm: A crucial muscle for breathing, can occur in car accidents due to blunt force trauma to the abdomen. Diaphragm injuries can impair respiratory function and may necessitate surgical intervention for proper management.
  • Injuries to the abdomen: This can involve damage to internal organs such as the liver, spleen, and kidneys. These injuries can result in internal bleeding, organ dysfunction, and potentially life-threatening complications if not promptly treated.
  • Tingling or numbness that moves into the arms or hands
  • Loss of balance or coordination
  • Instability in the neck
  • Concussions
  • Spinal issues
  • Mental health issues, including depression, insomnia, increased irritability, or behavioral changes
• Concussion
• Eye injury
• Seatbelt injuries: Seat belts can fail in accidents, or if not fastened correctly, can partially restrain the body and cause injuries such as spinal fractures, herniated discs, whiplash, and other soft tissue injuries.
• Chest injury: Chest injuries in car accidents can range from broken ribs and lung contusions to more serious conditions like cardiac trauma. These injuries can affect breathing, circulation, and overall cardiac function, requiring prompt medical evaluation.
• Degloving injury
• Spinal cord injury
• Traumatic brain injury damages the brain and changes how the brain functions. In a car accident, injuries to the brain can occur due to sudden impact or trauma to the head. These injuries may range from minor concussions to more severe traumatic brain injuries, affecting cognitive functions and overall brain health.
• Amputations
• Paralysis: These injuries can result in chronic pain, mobility issues, and potential long-term complications.
• Wrongful death
• Soft tissue injuries
• Hip injuries
• Shoulder injuries
• Strained ligaments
• Back muscle sprains
• Scrapes and Cuts
• Contusions
• Broken ribs and bones (clavicle, hip, pelvis, and leg fractures), broken arms, wrists, ankles, and feet, and crush injuries can also occur in car crashes.
• Internal injuries/bleeding: blood loss and injuries inside the body that are not visible from the outside. Punctured lungs from a broken rib, collapsed lung, ruptured liver or spleen, kidney injury, and internal bleeding.
• Jaw injuries
• Loss of teeth
• Neck injuries
• Crushed larynx
• Crushed trachea
• Broken neck
• Pelvic injuries
• Penetration injuries
• Brain injuries: Head injuries sustained from car accidents can lead to severe trauma such as hematomas, which can cause bleeding on the brain, skull fractures, and other serious injuries. It is crucial to seek medical attention immediately after an accident to assess the extent of any head injuries and receive the necessary treatment.

Car accidents, regardless of their size or severity, can have long-lasting effects on the individuals involved. Even seemingly minor accidents, such as fender-benders or rear-end collisions, can lead to a range of injuries that may not be immediately noticeable. Common injuries that can result from car accidents include whiplash, concussions, soft tissue injuries, back and spinal injuries, and psychological trauma like post-traumatic stress disorder (PTSD). These injuries may present themselves months or even years after the accident, highlighting the importance of seeking medical attention and monitoring your health following any collision, no matter how small. It’s crucial to recognize that not all injuries are visible externally, emphasizing the necessity of thorough evaluation and treatment to address any potential underlying issues.

What types of treatments are needed after a car crash?

After a car accident, the types of medical treatments that may be necessary can vary depending on the severity of the injuries sustained. Some common treatments include physical therapy, chiropractic care, acupuncture, steroid injections, nerve block injections, epidural injections, cervical fusion, lumbar fusion, open reduction internal fixation (ORIF) surgery, traction, myofascial release, and massage therapy.

Physical therapy is often recommended to help heal injuries resulting from car accidents, particularly those affecting the neck, back, shoulders, or joints. Chiropractic care can assist in realigning the spine to relieve pressure on nerves, while acupuncture may be beneficial for soft tissue damage and pain relief. Injections such as steroid injections, nerve blocks, and epidurals can help alleviate pain and inflammation in specific areas.

For more severe injuries, surgeries like cervical fusion and lumbar fusion may be required to stabilize the spine and prevent further damage. ORIF surgery may be necessary for broken bones that won’t heal properly with traditional methods. Traction and myofascial release techniques can also aid in reducing pain and restoring range of motion.

Additionally, massage therapy is often used to relax muscles, improve circulation, and reduce pain following a car accident. Each individual’s treatment plan will be tailored to their specific injuries and needs to ensure optimal recovery and pain management.

Physical therapy: You may need physical therapy to properly heal from your injuries, especially if you have headaches, pain in your neck, back, shoulders, or joints, or whiplash injuries. Your physical therapy program will depend on your specific injuries, but it may include stretching exercises, resistance bands, ice on the injuries, heat stimulation, a cervical unit, and massage or chiropractic care.

Chiropractic care: Visiting a chiropractor can help your body regain its optimal spinal alignment through spinal manipulation or adjustment. The chiropractor will use a controlled amount of force to realign your vertebrae and prevent them from continuing to place painful pressure on your spinal nerves. Most patients will require multiple treatments for optimal pain relief.

Acupuncture: If you are still in constant pain after being discharged from the emergency room with no specific fractures or injuries requiring surgery, you may have soft-tissue damage, which often responds well to acupuncture. Acupuncture can relieve the pain from your injuries and trigger and support the repair of the injured tissues.

Steroid injections: Facet joint injections are used to treat injuries and degenerative conditions of the neck and back resulting from an auto accident. The injection may be made in the joint or the surrounding nerves.

Nerve block injections: A damaged spinal disc could require a nerve block injection into the inflamed spinal nerve roots. The injection blocks the nerves from sending pain signals to the brain, but its effects wear off over time. Epidural injections: Pain originating in the spine can also be treated with an epidural steroid injection, which injects a corticosteroid near the affected nerve, decreasing pain and inflammation. An epidural injection can also be used to diagnose the exact cause of the patient’s pain, and the relief it provides may only last a few months.

Cervical fusion: This procedure stabilizes the neck and prevents a bone fracture from causing further damage to the spinal cord. During cervical fusion, selected bones in the neck are joined using bone taken elsewhere from your body or a metal implant. The patient may need to wear a cervical collar during recovery.

Lumbar fusion: This procedure is similar to cervical fusion, where a bone graft may be added to a segment of the spine to stop motion at that joint segment, which was causing pain.

Open reduction internal fixation (ORIF): A broken bone that may not heal correctly with casting or splinting alone may require ORIF surgery. It is a two-part surgical procedure in which the broken bone is put back into place and held in place with an internal fixation device such as screws, pins, rods, or plates.

Traction: Although the use of traction following an auto accident injury has decreased somewhat over the years, it can still be very beneficial for specific types of injuries. Chiropractic traction releases compression on the nerves through spinal stretching and separating the compressed vertebrae.

Myofascial release: This is a hands-on technique in which gentle, sustained pressure is applied to connective tissues to eliminate pain and restore a normal range of motion. The theory behind myofascial release is that gentle pressure, applied slowly, will allow the fascia to release and restore normal function.

Massage therapy often loosens up muscles by using different massage treatments.

Damages You Can Recover

An individual who negligently operates a motor vehicle may be liable for a wide variety of damages that an accident can cause, including but not limited to the following:

• Disability and Disfigurement
• Loss of Consortium
• Medical Bills
• Lost Wages
• Mental and Emotional Distress
• Out-of-pocket expenses
• Pain and Suffering
• Property Damage

If you are seeking financial compensation for pain and suffering after a car accident in Alabama, you can enlist the help of experienced Alabama car accident lawyers. These lawyers are skilled and knowledgeable in handling automobile accident cases and are recognized for their work ethic and resources to secure the best possible results for their clients.

Typically, Alabama car accident attorneys work on a contingency fee basis, meaning you do not have to pay any fees unless they successfully recover compensation for you. To start the process of seeking compensation, you can contact these dedicated attorneys for a free and confidential evaluation of your personal injury case. By seeking legal assistance from these professionals, you can navigate the complexities of the legal system and work towards obtaining the compensation you deserve for your pain and suffering. If you were the victim of a crash, then you could be entitled to even more money, so contact us today. It’s our job to get you the money you’re truly owed.

How much money can I recover?

The amount of money you can recover in a car accident depends on several different factors, including the following:

• Cost of your medical treatment
• Wages you lost because of the accident
• Pain and suffering
• How severe are your injuries?
• Future medicals
• Impairment
• Scarring and disfigurement
• Emotional suffering
• Loss of consortium
• Insurance of the liable party
• Your own uninsured/underinsured insurance
• Subrogation

Dealing with Car Insurance Companies

Most people in Alabama pay high premiums for automobile insurance, medical insurance, and homeowners insurance. In Alabama, all drivers are required to be insured. That means when somebody is injured in a car accident, there should be sufficient insurance to cover their injuries. Unfortunately, many people do not have insurance, and insurance companies are difficult or unwilling to pay what a case is worth after an accident. These insurance companies make billions of dollars and try to deny as many cases as they can or pay as little as possible to settle claims. When you retain our firm, we will make sure the insurance company pays you the compensation you deserve.

There are several reasons why car insurance companies may deny claims. Here are some of the most common reasons:

• The policyholder was at fault for the accident. This is the most common reason for a denied claim. If the insurance company determines that the policyholder was more than 50% at fault for the accident, they may deny the claim altogether.
• The policyholder did not have the right coverage. If the policyholder did not have the right type of coverage for the type of accident that occurred, their claim may be denied. For example, if the policyholder only had liability coverage, they would not be covered for damages to their car.
• The policyholder did not report the accident promptly. Insurance companies require policyholders to report accidents as soon as possible. If the policyholder waits too long to report the accident, the insurance company may deny the claim.
• The policyholder provided false or misleading information. If the insurance company believes that the policyholder lied about the accident or their injuries, they may deny the claim.
• The policyholder’s injuries were pre-existing. If the insurance company determines that the policyholder’s injuries were pre-existing, they may deny the claim for medical expenses.
• The policyholder has exhausted their coverage limits. If the policyholder’s claim exceeds their coverage limits, the insurance company may deny the claim.

If your car insurance claim has been denied, you have the right to appeal the decision. You should contact your insurance company and ask for a review of your claim. If you are still not satisfied with the outcome, you can file a complaint with your state’s insurance department.

How Long Do You Have to File a Personal Injury Claim in Alabama?

The law in Alabama allows a person a limited amount of time to file a claim regarding an accident, making it very important to contact an attorney immediately. In Alabama, there is a general two-year statute of limitations. This means that you have two years from the time of the car accident to file a lawsuit, or your case is gone forever.  In a wrongful death case where a negligent act caused the death, the personal representative of the victim’s estate has two years from the date of death to file a wrongful death lawsuit. If the person injured is a minor, the statute of limitations is tolled until the injured minor is 19 years old. On their 19th birthday, the claimant has two years to file a lawsuit against the negligent party. People injured in accidents who have mental disabilities such as insanity or incompetency have their statute of limitations tolled until they are mentally sane. After they become sane, the injured party has two years to file a personal injury lawsuit. If the negligent party is a municipality( city), you only have six months to properly present a claim to the municipality. (notarized form to the city clerk describing injuries and damages against the city) Failure to file within six months will result in your claim being time-barred. In Alabama, you have twelve months from the date of injury to file a claim against a County. If the at-fault party dies, you have six months from the beginning of their estate’s probate process to file a claim. Even if you think the deadline to file your case might have passed, there may be other ways to extend the deadline. Talk to an attorney as soon as you can to preserve your claim.

Are there any exceptions to the Statute of Limitations in Alabama?

It’s important to note that you shouldn’t rely on an exception to the statute of limitations applying to your case, as these exceptions are very rare and only apply in limited circumstances. However, there are a few exceptions that could still allow you to file a lawsuit after the statute of limitations would have normally expired. These exceptions include:

• If the defendant intentionally tried to evade service of process
• If the defendant left the state
• If you discovered your injuries after the accident, even after using reasonable diligence
• If the accident victim was a minor when they were hurt

When Do I Need An Auto Accident Attorney?

If you’ve been injured in a car accident, you need a lawyer if:

• It’s not clear who is at fault for the accident
• Commercial vehicle involved in the case
• Driver intoxicated or texting
• Multiple parties or causes of the accident
• The insurance company is stalling
• Pre-existing injuries
• You have questions about your legal rights

Don’t let the insurance companies intimidate you into accepting less than you deserve. We are here to help you with your case.

Why Hire Car Accident Attorneys Ferguson and Ferguson

The law offices of Ferguson and Ferguson take pride in giving each client individual and personal attention.

• We are committed to excellent client service.
• We care about our clients and have patience.
• We identified the party responsible for your injuries.
• We obtain your medical records and bills.
• We can help with financial assistance.
• We will help you get the necessary medical treatment.
• We get your bills paid, reduced, and/or eliminated.
• Free phone consultations are available 24/7.
• Free office consultations are available as late as 7 p.m. and on weekends.
• There are two locations near you.
• We answer all our clients’ calls or return them promptly.
• We make sure that our clients understand each step of their case.
• We have great compassion for the physical, emotional, and financial problems that our clients suffer, and we will do everything possible to get them through their difficult times.

Frequently Asked Questions

These are some of our most frequently asked car accident questions:

What do I do if the other driver does not have insurance or leaves the scene?

If the driver who caused the accident does not have insurance, your insurance policy may provide coverage. Most insurance policies include uninsured/underinsured motorist coverage (UM/UIM), which can help in such situations. In Alabama, insurance companies are required to offer UM/UIM coverage unless specifically rejected in writing by the named insured. This coverage can be particularly helpful when dealing with uninsured or underinsured drivers. You can file a claim with your own insurance company to seek coverage for damages caused by the uninsured driver, subject to any deductibles and policy limits that you have purchased. It is important to review your insurance policy and understand the extent of your coverage in case you find yourself in a situation where the at-fault driver does not have insurance.

What should I do when I’m in an automobile accident?

• Make sure everyone is all right and safe.
• Don’t say it was your fault. Your insurance company may not pay if you do.
• Call the police.
• Get witness information
• Tell the officer who investigates what happened.

What is the most dangerous type of car accident?

Head-on collisions are considered the most dangerous and life-threatening automobile accidents due to several factors. The combined speed of two vehicles colliding head-on significantly increases the severity of the crash, leading to a higher likelihood of serious injuries and fatalities. Additionally, the impact of such crashes can cause significant crush injuries to both drivers and front-seat passengers, further amplifying the risk and consequences of these collisions. The direct and forceful nature of head-on collisions creates a situation where the vehicles’ momentum is transferred onto each other, imparting immense energy that can result in devastating outcomes for the individuals involved.

What should you do if you are injured in a car accident on Interstate 565 in Huntsville, Alabama?

In the event of being involved in a vehicle collision on Interstate 565 in Huntsville, AL, it is crucial to follow these steps to ensure safety and compliance with legal requirements:

1. Stop your vehicle and remain at the collision site.
2. Prioritize obtaining medical help for yourself and any other injured parties.
3. Alert local law enforcement by calling them to the scene.
4. Swap contact and insurance details with the other driver(s).
5. Gather names and contact details from witnesses if your condition permits.
6. Notify your insurance provider about the incident promptly.
7. Use your smartphone or camera to take pictures of the accident scene, all vehicles involved, and any visible injuries.
8. Avoid discussing fault or liability at the scene; instead, consult a lawyer for legal advice.
9. Record your personal recollections concerning the accident details as soon as possible.
10. Document all medical care received in connection with the accident.
11. Seek advice from a lawyer skilled in personal injury claims to help navigate the legal aftermath and secure fair compensation.

What factors determine the severity of a person’s injuries in a car accident?

Several factors influence the severity of a person’s injuries in a car accident. These factors include the speed at which the vehicles involved were traveling at the time of the crash, whether the occupants were wearing seat belts, and the type of collision. The speed of the impact is crucial because the body inside the vehicle decelerates from the speed at which the vehicle is traveling, impacting the force of the collision. Properly fastened seat belts can significantly reduce the severity of injuries sustained in a crash by restraining occupants and preventing them from colliding with the interior of the vehicle. Additionally, other factors such as the design of the vehicle, the use of safety features like airbags, and the point of impact on the vehicle can also play a role in determining the extent of injuries suffered in a car accident.

What are the risks associated with adrenaline-masking pain and delaying treatment for injuries sustained in a car accident?

The risks associated with adrenaline-masking pain and delaying treatment after a car accident include the possibility of overlooking severe injuries such as broken bones or internal bleeding. This delay in treatment can lead to complications and worsen the victim’s condition, making the injuries more severe and potentially life-threatening.

How can adrenaline influence a person’s decision-making regarding seeking medical treatment after a car accident?

Adrenaline’s ability to mask pain can lead to a victim delaying seeking medical treatment because the symptoms may not be apparent. This delay in seeking medical attention can result in a worsened condition and potentially make already serious injuries life-threatening.

What are the potential effects of adrenaline on pain perception and injury awareness?

Adrenaline can mask feelings of pain, potentially causing an injured individual to not realize the extent of their injuries immediately. This can lead to delayed treatment and worsen the condition, as the severity of the injuries may not be recognized promptly.

How does the release of adrenaline impact the body during a car accident?

The release of adrenaline during a car accident prepares the body for a ‘fight or flight’ response, leading to increased energy levels, diminished pain perception, heightened awareness, improved senses, increased stamina, and a
rapid heart rate.

Do I need a lawyer after a car accident?

In a car accident case, you are dealing with a team of insurance adjusters and attorneys. Their job is to pay you as little as possible. Contact an experienced car accident attorney who will give you a free consultation.

What is the purpose of a demand letter sent to the insurance company?

A demand letter in a car accident claim serves the purpose of providing a clear and detailed presentation of the facts surrounding the claim. This includes outlining the reasons why the at-fault party’s insurance company is held liable for the accident, detailing the medical treatments received and anticipated, specifying the extent of the injuries suffered, discussing any financial losses incurred due to the inability to work, and presenting a comprehensive list of demands for damages resulting from the accident.

When do I have to report an accident?

• If anyone is hurt or killed in the accident,
• If there is more than $250 in damage,

How do I file an accident report?

• Send an accident report (Form SR-13) to the Alabama Department of Public Safety.
• Report within 30 days after the accident.
• Forms are available from local police, the sheriff’s office, or the local state trooper’s office.
• You can also get the form online by clicking on the following link: SR-13
• Fill in the form

How do I get a copy of the accident report?

For a fee, you can get a copy from the office that investigated your accident, or you can get the report by printing and filling out the form at this link: Crash Report
Mail your completed form and a $15 money order (not a check) to:

Department of Public Safety
Crash Reports
P.O. Box 1471
Montgomery, Alabama, 36102-1471

What is contributory negligence?

If you were partially at fault for the accident, you cannot recover anything against the other party in the accident. That is Alabama law.

Should I accept a settlement?

If you are injured, you should never accept a settlement from an insurance company before talking to an attorney. Insurance companies try to pay out as little money as possible in every case. An attorney can usually get you a much bigger settlement.

Is your car accident lawyer near me?

Ferguson & Ferguson is located in Decatur and Huntsville, and we serve every city and county in Alabama.  We also handle cases throughout the United States. If you have lost a loved one or are critically injured and are unable to come to Huntsville or Decatur, we will travel to visit you in the hospital or at your home. We also offer virtual conferences and telephone consultations.

What is the Alabama Guest Statute?

The Alabama Guest Statute, outlined in Alabama Code 32-1-2, establishes a legal provision that restricts passengers, commonly referred to as ‘guests,’ from filing a lawsuit against a driver for injuries sustained in a car accident, unless the driver’s conduct was willful or intentional in causing harm. In essence, this statute dictates that if a passenger is involved in a collision while traveling in another individual’s vehicle and they wish to seek compensation for their injuries, they must demonstrate that the driver purposefully operated the vehicle in a manner that led to the harm suffered.

Enacted during the era of the Great Depression, the Alabama Guest Statute remains in effect today, posing a challenge for passengers seeking financial recovery after being injured in car accidents. The statute serves as a barrier to easy recourse for passengers who may have been injured due to the negligence of the driver, placing the onus on the injured party to prove that the driver acted willfully or intentionally to cause the accident. This legal framework significantly impacts passengers injured in car accidents by imposing a stringent threshold for holding drivers accountable and receiving compensation for their injuries under Alabama law.

Should I sign anything for an insurance company after a car crash?

After a car wreck, it is important to exercise caution before signing any documents presented by the insurance company. Seeking legal counsel is highly recommended to ensure that your rights and interests are protected. Before agreeing to any settlement or signing any paperwork, it would be wise to consult with a lawyer who specializes in personal injury cases. By doing so, you can receive professional guidance and advice on the best course of action to take in your specific situation. If you are uncertain about any agreements or offers presented to you by the insurance company, it is advisable to reach out to a legal expert for assistance. Remember, it is essential to fully understand the implications of signing any documents before taking any action.

Can I still recover if I had health insurance that paid my medical bills and car insurance that paid for my car damage?

Certainly! Even if your health insurance has covered all your medical expenses and your car has been repaired by your insurance company, you may still have options to receive compensation for the damages resulting from the car crash. Our services extend beyond medical bills and car repairs; we can assist you in seeking compensation for lost wages, pain, and suffering, as well as other damages that you may have incurred. Our goal is to help clients receive the financial support they deserve in various situations related to car accidents.

How can passengers protect themselves with the Alabama Guest Statute?

Passengers can protect themselves and seek compensation for their injuries despite the challenges presented by the Guest Statute by understanding the exceptions to the law and seeking legal guidance.

To begin with, passengers should be aware that the Guest Statute may deny their claim if they have been injured by an at-fault driver in Alabama. However, this does not mean passengers should give up hope. It’s crucial for passengers to consider the following factors:

1. Reckless and/or wanton behavior: If the driver acted recklessly or with intentional irresponsibility, passengers may still be able to seek compensation despite the Guest Statute.

2. Transported with payment: The statute typically applies to non-paying guests, such as social guests. However, even if passengers are not paying the driver directly, they may still have a claim under certain circumstances.

3. Protesting the driver’s behavior: If passengers express concerns about the driver’s actions and ask them to slow down or stop, they may not be considered mere guests under the law.

Moreover, passengers should be aware that the Guest Statute does not apply to certain situations, like passengers on a business trip or venture, as well as young children or individuals unable to consent to their guest status.

In cases where insurance companies deny claims under the Guest Statute, passengers should not lose hope. Working with an experienced attorney who is familiar with Alabama law can help passengers navigate these challenges, appeal claim denials, and seek the compensation they deserve for their injuries and losses. Passengers need to protect themselves by understanding their rights and exceptions to the law and taking appropriate legal action when needed.

Can a passenger confer a tangible benefit to the driver to overcome the Guest Statute?

One way a passenger can provide a tangible benefit to the driver to bypass the provisions of the Guest Passenger Statute is by actively contributing to a task or activity that directly benefits the driver. This assistance should be meaningful and substantial, going beyond mere companionship or social interaction during the journey. For instance, if a passenger accompanies a driver to aid them in completing a task such as grocery shopping or running errands, where the driver genuinely relies on the passenger’s support due to physical limitations or other factors, the tangible benefit conferred in this scenario can be considered sufficient to exempt the driver from the restrictions of the Guest Passenger Statute. Such assistance must be instrumental and advantageous to the driver in a tangible way, even if monetary transactions are not involved, as emphasized in legal interpretations.

What if the passenger fears for their safety as a guest in a car?

When a passenger is genuinely fearful for their safety due to a driver’s reckless or dangerous behavior, such as excessive speeding or erratic driving, they may protest the driver’s actions. If a passenger expresses their fear and discomfort and asks the driver to slow down or stop the vehicle, this indicates that they are no longer simply a “guest” enjoying the ride but are in a potentially dangerous situation. In such cases, the driver’s liability protection under the Guest Statute may be removed, as the safety concerns of the passenger take precedence. If a passenger feels unsafe, they should make a forceful protest and exit the vehicle at the earliest opportunity to ensure their well-being and remove themselves from the risky situation.

How is the guest statute changed if the driver is paid?

The concept of being transported with payment impacts a passenger’s ability to file a claim under the Guest Statute. The statute typically applies to guests traveling without payment, specifically social guests. However, the presence or absence of direct monetary payments between the passenger and the driver may not be the sole determining factor. In cases where the passenger’s presence in the vehicle benefits the driver in some way, such as by assisting with shopping or running errands, they may still be able to file a claim for damages under the Guest Statute. An example of this is the Alabama Supreme Court case Hurst v. Sneed, where a passenger who was aiding the driver with errands was allowed to seek damages despite not making a direct payment for the ride. Thus, the nature of the relationship between the passenger and the driver, and whether there is a mutual benefit involved, can be significant in determining the passenger’s ability to file a claim under the Guest Statute.

How can Ferguson & Ferguson help passengers with the Guest Statute?

Passengers who are struggling to navigate the complexities of the Guest Statute or have had their insurance claims denied in Alabama can benefit from the guidance and representation of an experienced attorney. With their legal expertise, attorneys can analyze the intricate details of the law and determine whether any exceptions apply to the case at hand. If the insurance company rejects a passenger’s claim, an attorney can help file an appeal through the legal process. It’s important to remember that a denial doesn’t necessarily mean the end of the pursuit for compensation. Experienced attorneys can challenge these decisions and effectively advocate for their clients. By seeking the assistance of a knowledgeable attorney, passengers can improve their chances of getting the outcome they desire and receiving the compensation they deserve.

What passengers are not subject to the Guest Statute?

Passengers who are transported with payment, passengers who protest the driver’s behavior and express fear for their safety, those on a business trip or venture, and young children or other individuals unable to consent to their guest status in a vehicle are not subject to the restrictions of the Alabama Guest Statute.

What injuries are most common from car accidents?

People injured in car accidents in Alabama often sustain cuts, broken bones, and soft tissue injuries. Other common injuries from car wrecks can include neck injuries, herniated discs, head injuries, and brain injuries.

Can a chiropractor help in the recovery from a Huntsville car accident?

Chiropractic care plays a crucial role in aiding the recovery from auto accident injuries by focusing on restoring the optimal spinal alignment of the body. Through targeted spinal manipulation or adjustment techniques, chiropractors can realign the vertebrae that may have been affected by the impact of the accident. By carefully applying controlled force, these professionals can correct misalignments that are causing painful pressure on the spinal nerves, thereby alleviating discomfort and promoting the body’s natural healing processes.

While some individuals may experience immediate relief following their initial chiropractic session, sustained recovery typically requires a series of treatments tailored to each patient’s specific injury and needs. By addressing the root cause of pain and dysfunction through spinal adjustments, chiropractic care empowers individuals to regain mobility, reduce inflammation, and manage discomfort resulting from auto accident injuries.

How much does a car accident lawyer cost?

We never charge a fee upfront. We only get paid if we win your case. All consultations are free.

How much time do I have after my car accident to file a lawsuit?

Two years in Alabama, unless you are a minor.

What should I do after my accident?

Call the police and make a report. Notify your insurance company. Take pictures of the accident scene and your injuries. Get medical treatment. Call our office.

What if my child was hurt in a car accident?

A child cannot file a claim on their own. You or your lawyer can bring the case on your child’s behalf. If you don’t bring the case now, your child can also wait until they’re eighteen to sue.

I was a passenger in a car accident. Can I recover from my injuries?

It depends. If the driver of your car is at fault, you must get around the Alabama guest passenger statute. (wantonness) When another driver hurts you, you can recover against the other driver’s insurance in Alabama. If you’ve been hurt in an Alabama car accident, your car accident lawyer can help you determine who the at-fault party is and get compensated.

If I feel fine after a car accident, should I still go to the hospital?

Usually. Sometimes injuries may not be obvious immediately after your Alabama car accident. You may feel fine at first, only to suffer life-altering injuries later. It can also benefit your claim to prove you were seeking medical treatment immediately after the accident.

How are multi-car accidents different from two-car accidents?

Multi-car accidents, also known as multi-vehicle collisions, involve more than two vehicles, whereas a two-car accident involves only two vehicles. Multi-car accidents can occur on busy freeways during peak traffic times when multiple vehicles are involved in a chain reaction following a sudden stop by one vehicle. This can escalate what might have been a minor collision between two cars into a more severe incident, with the potential for grave injuries due to the increased number of vehicles and impact forces involved. In contrast, a two-car accident typically involves just two vehicles and may not have the same level of complexity or potential for extensive damage or injuries compared to a multi-car accident.

What role do experts play in a car accident trial?

Expert witnesses play a crucial role in car accident trials by providing specialized knowledge and opinions that help the judge or jury understand complex issues related to the case. In a car accident trial, expert witnesses may be called upon to testify about various aspects such as accident reconstruction, vehicle dynamics, medical injuries, and the financial impact of the accident. These experts can explain technical details, analyze evidence, and present their findings in a clear and comprehensible manner to the court.

Moreover, expert witnesses can offer impartial and scientifically backed opinions that support the victim’s claims and help establish liability. Their testimony can strengthen the case by providing credibility, presenting data-driven analysis, and countering any opposing arguments or doubts raised by the defense. Expert witnesses aid in ensuring that the judge or jury has all the necessary information to make an informed decision regarding the facts and circumstances of the car accident.

In essence, expert witnesses serve as vital resources in car accident trials, offering objective insights, interpreting complex information, and contributing to the overall presentation of evidence that can significantly impact the outcome of the case.

Can I just settle with my insurance company and avoid a lawsuit?

Most car accident cases in Alabama settle before a lawsuit is even filed. Hiring an experienced local Alabama car accident lawyer can help you get your maximum compensation.
Every insurance company has adjusters, investigators, and attorneys assigned to auto accident claims. Their primary goal is to limit the amount of compensation the insurance company pays to car accident victims like you. Insurance companies are not the friends of injured claimants. Don’t make their job easier by providing them with information that they can use or manipulate to deny your claim. Make sure you have the best Huntsville car accident lawyer you can hire on your side to aggressively protect your interests.

What happens if the other driver does not have insurance?

If you were involved in an auto accident caused by a driver who doesn’t have insurance, there are still options for you to recover money. It is possible to pursue compensation even if the at-fault driver lacks insurance coverage. Additionally, there may be avenues to recover from insurance policies associated with other vehicles that weren’t directly involved in the accident. Seeking legal assistance can help you navigate these possibilities and explore ways to recover the compensation you deserve.

What happens if I do not have insurance in a car accident?

If you are in a car wreck without auto insurance, it is essential to seek legal assistance promptly. Even without insurance coverage, there may still be avenues for potential compensation. Consulting with a lawyer who can evaluate your case thoroughly is the recommended course of action. They can determine if there are other sources available to recover damages resulting from the accident, be it for injuries sustained or property damage incurred. Time is of the essence, so seeking legal counsel as soon as possible is advisable to explore all potential avenues for legal recourse in such a situation.

What if I do not have health insurance to pay for my medical bills?

If you are a wreck victim with injuries but no health insurance, it is important to seek advice and assistance. Our services may be able to help individuals in your situation, providing guidance and support in navigating the legal and medical aspects of your case. You may be able to collect medical payments from your car insurance. Further, we have contacts that will loan you money pending the settlement of your case.

What are the factors involved in multi-car accidents?

Multi-car accidents can occur due to various factors. These include distracted driving, where drivers are preoccupied with activities such as using a cell phone, texting, eating, changing radio stations, or paying attention to something other than the road and other drivers. Another factor is road design, as poorly planned or inherently defective road layouts can contribute to accidents. Inclement weather, resulting in reduced visibility, can also play a role in multi-car accidents. Additionally, drivers who fail to make necessary adjustments for wet or icy roads may cause collisions. Distractions caused by observing another accident or an event happening on the side of the road can further contribute to multi-car accidents. Unexpected appearances of animals on the road can catch drivers off guard and lead to collisions. Driving under the influence of alcohol or drugs is another factor that greatly increases the risk of multi-car accidents. Lastly, poorly maintained roadways with uneven pavement, potholes, or debris in the road can create hazardous conditions that can result in multi-car accidents.

What do I do if the other driver and I don’t have insurance?

You can write to the Department of Public Safety. Ask them to suspend the other driver’s license and vehicle registration. Send this request to:
Alabama Department of Public Safety
Safety Responsibility Unit
P.O. Box 1471
Montgomery, Alabama, 36102-1471

How does a car accident attorney determine whether to settle or go to trial?

If another driver caused your accident and injuries, under Alabama law, 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? This is the most common question we receive at our initial free consultations. It all depends on your injuries, medical bills, lost wages, available insurance coverage, and your attorney. Our goal is to get you the maximum compensation possible in your case. Should I settle with the insurance company? Insurance companies are not in the business of paying out money. They like to take your money but not pay it out. 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.

An experienced Alabama attorney can provide invaluable guidance when determining whether to settle or take a case to trial after a car accident. They can analyze the extent of your damages and assess the offers presented by the opposing party, ensuring you make informed decisions. You shouldn’t have to navigate these complex legal decisions alone, and our team is here to support you every step of the way. Allow us to apply our expertise to your case, allowing you to focus on your recovery while we work towards securing the maximum compensation possible for you.

Should I sign a release when the case settles?

If the insurance company requests that you sign a release before issuing payment, it is crucial to thoroughly review the document. Many release forms include a clause that releases the insurance company from making any additional payments related to the incident. If you were involved in an accident that resulted in only property damage and the payment offered was adequate to cover the repairs, signing the release may be appropriate. However, if you sustain injuries, it is essential to ensure that there are no hidden or lingering injuries that could resurface at a later time.

Given the complexity of insurance matters and their legal implications, particularly in cases involving injuries, it is advisable to seek guidance from a car accident attorney before signing any release form. An attorney can help review your situation, assess the legal document, and provide guidance on the potential consequences of signing the release. This additional step can safeguard your rights and ensure that you fully understand the implications before making a decision.

What happens if the case does not settle?

If a fair settlement cannot be reached with the insurance company, we may advise you to file a lawsuit against the at-fault party. This legal action allows you to seek compensation for your injuries and damages through the court system. We will guide you through the litigation process, including discovery, settlement negotiations, and possibly a trial. It is essential to have a skilled and experienced attorney on your side to ensure your rights are protected and to fight for the compensation you deserve. If your case does proceed to trial, you can be assured that we are not only skilled negotiators but also aggressive litigators who will not hesitate to take your case to court. During the trial, there will be expert witness testimony and testimony from both sides before a verdict is rendered by the judge or jury. Rest assured that your legal team is prepared to fight for your rights and pursue the compensation you rightfully deserve

I was driving a rental car when a negligent driver hit me. Whose insurance pays?

When you sign the rental agreement, you provide a copy of your insurance information. If you were at fault, your insurance would pay. If you take out insurance with the rental company, will they pay? If the other driver is entirely at fault, his or her insurance should cover the damages.

Huntsville, Alabama, Driving Laws

Knowing Alabama’s driving laws will help you stay safe in Huntsville and Decatur. 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 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. The 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.

Is there an experienced car accident lawyer near me?

At Ferguson & Ferguson, we have successfully recovered tens of millions of dollars in verdicts and settlements for our clients. We are Alabama car accident lawyers, not billboard settlement mill attorneys. Our law firm is not afraid to try a case. We fight for justice.

What do car accident attorneys near Huntsville, AL, charge?

We are dedicated to providing comprehensive assistance to individuals involved in car accidents. Through our years of experience and compassionate approach, we guide clients through the complexities of car accident cases. We will help secure the necessary compensation to cover medical expenses and offer support to clients and their families during the recovery process. Our focus on client care ensures that individuals receive the necessary help to move forward after a car accident and rebuild their lives effectively. Have you been injured in a car accident and need help from an experienced car accident attorney? Our experienced Alabama car accident lawyers are here to provide you with a free, no-obligation case consultation at your convenience Deciding to hire a car accident lawyer is an important choice that takes careful consideration. If you need a car accident lawyer in Huntsville, AL, call or email us today. Our consultations are free. We can visit you or your loved one at a hospital, residence, or workplace. Some car accident lawyers, due to their lack of skill or resources, may not pursue all claims and compensation available to you. If you have been a victim of a car accident, do not hesitate to call our skilled and experienced car accident attorneys in Huntsville, AL, for a free assessment of your situation. Call now at 256-350-7200 or 256-534-3435.

Huntsville office location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

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Car Accident Resources

• Alabama Rules of the Road
• Federal Citizen Information Center: Cars features consumer information on cars, including pamphlets and brochures covering a wide variety of automotive topics.
• Federal Trade Commission (FTC): Auto Warranties and Routine Maintenance provides consumer education materials on automobile warranties and the importance of routine maintenance.
• Insurance Information Institute: Auto Insurance This is a great introduction to automobile insurance, with information to help you choose the right policy or make a claim.
• Insurance Institute for Highway Safety/Highway Loss Data Institute (IIHS/HLDI): Features vehicle ratings, safety facts, and publications, with special sections on airbags, impaired driving, child safety, and more.
• The National Highway Traffic Safety Administration (NHTSA) provides crash statistics and articles about automobile accidents, product safety, and child passenger safety.
• National Safety Council (NSC): Driving Information: Information about defensive driving, distracted driving, employer traffic safety, teen driving, and related topics.
• U.S. Consumer Product Safety Commission: Features consumer publications, product recalls, reports on unsafe products, statistics, and more, including content about automobile safety.
• U.S. Department of Transportation (DOT): Features automobile statistics, dockets, rules, and references, with dedicated sections on distracted driving and other vehicle safety issues.
• SaferCar.gov is a comprehensive resource for car owners, car shoppers, and parents, with crash test ratings, recalls, and other automobile safety information (NHTSA).
• Motor Vehicle Safety: MedlinePlus: This service, provided by the National Institutes of Health, provides email updates on critical motor vehicle safety issues.
• The Center for Auto Safety is an organization that provides news headlines and action alerts for defective automobiles and other vehicle safety information.
• Automobile Safety Foundation: Through its CarSafe.org portal, the Automobile Safety Foundation provides news and alerts about vehicle safety and other car-related topics.
• The Motorcycle Safety Foundation is an organization that develops comprehensive safety training programs for motorcyclists.