How Witness Statements Can Strengthen Your Alabama Car Crash Case

How Witness Statements Can Strengthen Your Alabama Car Crash Case

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The moments following a car crash are a blur of twisted metal, screeching tires, and high-running emotions. In this chaos, determining what happened and who is at fault can be incredibly difficult. While drivers involved in the collision have their own versions of events, these are often colored by shock, self-interest, and the trauma of the incident. This is where an independent witness can become one of the most valuable assets in a personal injury claim. A clear, unbiased account from a third party can cut through the confusion and provide a foundation for your case.

What Is a Witness Statement and Why Is It So Important?

A witness statement is a formal account of events as observed by someone who saw the accident happen but was not directly involved in it. This person, often called an eyewitness or a third-party witness, provides a narrative of what they saw, heard, and perceived before, during, and after the collision. This account can be given verbally to a police officer at the scene, written down, or provided in a formal deposition during a lawsuit.

The importance of these statements cannot be overstated. They serve several key functions in a car accident claim:

  • Corroborating Evidence: A witness account can support your version of how the crash occurred. If you claim the other driver ran a red light, a witness who saw the same thing adds immense weight to your assertion.
  • Objective Viewpoint: Since the witness typically has no personal stake in the outcome of the claim, their testimony is seen as more objective and credible than the statements from the involved parties.
  • Filling in Gaps: You may not have seen every detail of the accident as it unfolded. A witness might have had a different vantage point and can provide information you were unaware of, such as the other car’s speed or erratic driving before the impact.
  • Contradicting False Claims: If the at-fault driver changes their story or provides false information to their insurance company, a witness statement can directly refute their claims and expose inconsistencies.

Essentially, a witness statement acts as an impartial narrator, helping to construct a clear and believable picture of the incident for police officers, insurance adjusters, and, if necessary, a jury.

The Power of an Objective Perspective in a Car Accident Claim

Insurance companies are businesses. Their primary goal is to protect their bottom line by minimizing payouts on claims. When a claim consists only of conflicting stories from the two involved drivers—a “he said, she said” scenario—an adjuster has an easy reason to dispute liability, delay payment, or make a lowball settlement offer. They can argue that the facts are unclear and that their insured driver is not entirely at fault.

An independent witness demolishes this argument. An objective account from someone with nothing to gain provides a neutral perspective that is difficult for an insurance company to ignore. This external validation shifts the balance of a claim, turning a disputed narrative into a fact-based argument. The testimony of a credible witness can pressure the at-fault driver’s insurer to acknowledge liability and negotiate in good faith.

How Witness Accounts Help Establish Negligence in Alabama

To have a successful car accident claim in Alabama, you must prove that the other driver was negligent and that their negligence caused your injuries and damages. Negligence is the failure to use reasonable care to prevent harm to others. A witness statement is a powerful tool for demonstrating the four elements of negligence:

  • Duty of Care: All drivers have a duty to operate their vehicles safely and follow traffic laws. This element is almost always present in a car accident case.
  • Breach of Duty: This is where a witness becomes invaluable. An eyewitness can testify to specific actions that constituted a breach of duty. For example, they might have seen the other driver texting, speeding, running a stop sign, or swerving between lanes.
  • Causation: The witness’s account can directly link the other driver’s breach of duty to the collision. For instance, their testimony that the driver ran a red light just before T-boning your vehicle establishes a clear cause-and-effect relationship.
  • Damages: While a witness typically cannot testify to the full extent of your financial and physical damages, their description of the crash’s severity—the force of the impact, the visible damage to the cars—can support your claims about the seriousness of your injuries.

Alabama also follows the rule of contributory negligence. This strict doctrine means that if you are found to be even 1% at fault for the accident, you are barred from recovering any compensation. A witness statement that clearly places 100% of the blame on the other driver is your strongest defense against an insurance company’s attempts to assign you partial fault and deny your claim entirely.

What Types of Witnesses Can Provide Testimony?

Not all witnesses are the same. Their relationship to the people involved and their location at the time of the incident can influence the weight of their testimony. Common types of witnesses in a car crash case include:

  • Pedestrians or Bystanders: These individuals are often considered the most credible witnesses because they have no connection to anyone in the crash and simply happened to be in the right place to observe it.
  • Other Drivers: Drivers of other vehicles who saw the accident can provide compelling testimony. They are familiar with the rules of the road and can often give a knowledgeable account of traffic flow and driver actions.
  • Passengers: Passengers in your vehicle or the other driver’s vehicle are also witnesses. While they can provide useful information, their testimony may be viewed as potentially biased due to their relationship with the driver. However, a passenger in the at-fault driver’s car who confirms their driver was negligent can be exceptionally persuasive.
  • Nearby Residents or Business Employees: Someone who heard the crash from a nearby home or business may have looked out a window immediately and seen the position of the cars or the behavior of the drivers right after impact.

What Makes a Witness Credible to Insurers and Juries?

Just having a witness is not enough; the witness must be credible. Insurance adjusters and juries will assess several factors to determine if a witness’s testimony is believable and reliable.

Factors that enhance witness credibility include:

  • Lack of Bias: A witness who does not know anyone involved in the accident is seen as more impartial.
  • Clear Vantage Point: The witness had an unobstructed view of the events leading up to and during the collision.
  • Good Demeanor: The witness appears calm, confident, and consistent in their retelling of the events. They are not overly emotional or eager to place blame.
  • Consistency: The story the witness tells remains consistent over time, from their initial statement to the police to any later testimony.
  • Lack of Impairment: The witness was not under the influence of drugs or alcohol and has good eyesight and hearing.
  • Corroboration: The witness’s account aligns with the physical evidence at the scene, such as skid marks, vehicle damage, and debris patterns.

Steps to Take at the Scene to Secure Witness Information

In the disorienting aftermath of a crash, it is important to act quickly, as witnesses may not wait around for the police to arrive. If you are physically able to do so, take these steps:

  • Look for Witnesses: Scan the area for anyone who may have seen what happened. This includes people on sidewalks, drivers who have pulled over, and individuals in nearby buildings.
  • Ask for Their Contact Information: Politely ask for their full name, phone number, and email address. This is the most important piece of information you can get.
  • Request a Brief Account: Ask them to tell you what they saw. You can record their statement on your phone (with their permission) or jot down brief notes.
  • Ask Them to Wait for Police: Encourage them to remain at the scene to speak with the responding officer. A statement included in an official police report carries significant authority.
  • Do Not Coach Them: Let them describe the events in their own words. Do not suggest details or try to influence their story.

How Are Witness Statements Used During Insurance Negotiations?

During the claims process, your attorney will present all evidence to the at-fault driver’s insurance company. A strong, credible witness statement is a key part of this evidence package. It serves as leverage during settlement negotiations. When an adjuster sees that you have an impartial third party ready to testify about their insured’s negligence, they are more likely to offer a fair settlement.

The statement prevents the adjuster from claiming the facts are ambiguous. It backs them into a corner, making it harder to justify denying the claim or making an unreasonably low offer. In many cases, a single powerful witness statement can be the deciding factor that leads to a successful pre-trial settlement, saving you time, money, and stress.

The Role of Eyewitness Testimony if Your Case Goes to Trial

If the insurance company refuses to offer a fair settlement and a lawsuit becomes necessary, witness testimony transitions from a negotiating tool to formal evidence presented in court. Your attorney will prepare the witness to testify. This involves reviewing their initial statement, discussing what to expect during questioning, and ensuring they are ready to present their account clearly and confidently to a judge and jury.

In the courtroom, a live witness telling their story can have a profound impact. A jury may find it easier to connect with and believe a real person sitting in the witness box than to simply read a dry report. Their testimony can bring the events of the accident to life and create a compelling narrative that supports your case for full and fair compensation.

Potential Challenges with Witness Statements

While witness statements are powerful, they are not without potential challenges. An experienced attorney knows how to anticipate and address these issues:

  • Memory Fade: The more time that passes, the more a witness’s memory of the event can fade or become confused. This is why it is so important to obtain their statement as soon as possible after the accident.
  • Inconsistent Statements: If a witness gives slightly different versions of the story at different times, the opposing counsel will try to use this to discredit them.
  • Bias: The defense may try to uncover any potential bias, however small, to argue that the witness is not truly impartial.
  • Locating the Witness: Sometimes, a witness leaves the scene before anyone can get their information, or they may become difficult to contact later.

How a Car Accident Attorney Assists with Witnesses

A knowledgeable personal injury attorney plays a direct role in maximizing the value of witness testimony. An attorney can:

  • Identify and Locate Witnesses: If you were unable to get witness information at the scene, a lawyer can use investigative resources to identify potential witnesses, such as by canvassing the area or seeking surveillance footage from nearby businesses.
  • Obtain Formal Statements: An attorney or their investigator will conduct a formal interview with the witness and secure a signed, written statement that can be used as evidence.
  • Vet for Credibility: They will assess the witness’s credibility and determine how their testimony will be perceived by an insurer or jury.
  • Prepare Witnesses for Testimony: Should the case proceed toward trial, your lawyer will prepare the witness for depositions and courtroom testimony, ensuring they are comfortable and ready for cross-examination.
  • Depose Opposing Witnesses: They will also question any witnesses the other side presents, challenging their credibility and looking for inconsistencies in their accounts.

Let’s Talk About Your Legal Options

The evidence you gather in the days and weeks after a car accident can shape the outcome of your entire case. A statement from a credible, independent witness can be the cornerstone of a successful personal injury claim in Alabama, providing the objective proof needed to establish liability and counter the arguments of insurance companies. If you have been injured in a car crash, do not leave the outcome to chance.

The legal team at McPhillips Shinbaum is here to help you build the strongest case possible. Attorney Aaron Luck can review the details of your accident, offer personalized guidance, and fight for your right to compensation.

Call us today at 334-262-1911 or send a message online to schedule a free consultation to discuss your case.

The Role of Expert Witnesses in Alabama Car Crash Cases

The Role of Expert Witnesses in Alabama Car Crash Cases

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After a serious car crash, the immediate aftermath is chaotic. The physical evidence—skid marks on the pavement, the position of the vehicles, the crumpled metal—offers clues, but it does not always tell the whole story. While eyewitnesses can describe what they saw, their perspectives can be limited or even contradictory. When the cause of a collision is not immediately obvious, or when the long-term consequences of an injury are difficult to measure, a car accident claim can become far more complex. This is when the analysis of a specialized professional, often referred to as an expert witness, becomes an important component of a case.

What Is the Distinction Between a Lay Witness and an Expert Witness?

In any legal proceeding, there are two primary categories of witnesses: lay witnesses and expert witnesses. A lay witness, such as a bystander who saw the collision, can only testify about facts they personally observed through their senses—what they saw, heard, or smelled. They can describe the cars, the weather, and the sequence of events as they perceive them.

An expert witness, on the other hand, is permitted to do something a lay witness cannot: offer a professional opinion. Based on their specialized knowledge, skill, experience, training, or education, an expert can analyze a set of facts and draw conclusions to help others make sense of complex information. For example, while a lay witness can say they saw a car swerving, an automotive engineer acting as an expert witness can analyze the wreckage and offer a professional opinion on whether a mechanical failure caused the swerving.

Why Are Expert Witnesses So Important in Car Accident Claims?

The testimony and reports from expert witnesses serve several key functions in a car accident claim. Insurance companies often dispute liability or downplay the severity of injuries to minimize what they have to pay. An expert’s objective findings can effectively counter these tactics.

Here are some of the main reasons their involvement is so valuable:

  • Explaining Complex Evidence: Experts can translate highly technical information into clear, accessible terms. A forensic toxicologist can explain the effects of a certain blood alcohol level on a driver’s reaction time, or a biomechanical engineer can describe how the force of an impact would lead to a specific type of spinal injury.
  • Establishing Causation: Proving that the other driver’s actions directly caused your injuries is a fundamental requirement of any personal injury claim. An accident reconstructionist can link a driver’s excessive speed directly to the collision, and a medical professional can connect the collision directly to a victim’s need for future surgery.
  • Calculating Full and Fair Damages: Many of the most significant losses in a serious injury case are not in the past but in the future. Experts like life care planners and economists are essential for calculating the long-term financial impact of an accident, including future medical costs and lost earning capacity.
  • Rebutting the Opposing Side: The at-fault driver’s insurance company may hire its own experts to dispute your claim. Your legal team must be prepared to counter their findings with credible, well-reasoned analysis from your own qualified professionals.

Common Types of Expert Witnesses in Alabama Car Crash Cases

The specific facts of a car crash will dictate which types of experts are needed to build the strongest possible claim. An experienced legal team will know how to identify the right professional for the job.

Accident Reconstructionist

These professionals are often former law enforcement officers or engineers with specialized training in physics and engineering. They act as forensic investigators for car crashes, using physical and digital evidence to piece together precisely how a collision occurred. An accident reconstructionist will analyze:

  • Physical Evidence from the Scene: Skid marks, yaw marks, gouges in the pavement, and the location of debris.
  • Vehicle Damage: The extent and location of damage can reveal the angle of impact and the relative speeds of the vehicles.
  • Event Data Recorder (EDR) Information: The “black box” in modern vehicles can provide invaluable data on speed, braking, acceleration, and steering inputs in the seconds before impact.
  • Police Reports and Witness Statements: This information provides context for the physical evidence.

Based on this analysis, a reconstructionist can offer opinions on matters like vehicle speed, driver actions, and the sequence of events.

Medical Professionals

Medical evidence forms the foundation of any personal injury claim. While your own treating physician can testify about your injuries and treatment, sometimes a specialized medical expert is needed.

  • Specialty Physicians: Neurologists, orthopedic surgeons, or pain management doctors can offer detailed opinions about the severity of specific injuries, the prognosis for recovery, and whether the injuries are consistent with the forces involved in the accident.
  • Life Care Planners: For catastrophic injuries resulting in permanent disability, a life care planner is indispensable. This professional, typically a nurse or rehabilitation counselor, conducts a comprehensive assessment to project the injured person’s medical and personal care needs for the rest of their life. Their detailed report will itemize costs for things like future surgeries, medications, assistive devices, in-home care, and necessary home modifications.

Vocational Rehabilitation Professionals

A serious injury can have a profound impact on a person’s ability to work and earn a living. A vocational rehabilitation professional assesses this impact. They will review the injured person’s education, work history, and skills, along with their medical limitations, to determine their capacity for future employment. They can answer questions like:

  • Can the individual ever return to their previous job?
  • If not, what other types of work are they capable of performing?
  • What is the difference between their pre-accident and post-accident earning capacity?

Economists and Financial Analysts

An economist takes the reports from life care planners and vocational professionals and translates those findings into a specific dollar amount. They use economic principles and statistical data to calculate the total economic losses suffered by the victim. This includes:

  • Past and future lost wages.
  • The present-day value of future medical care.
  • The loss of earning capacity over a lifetime.
  • The value of lost household services (such as childcare or home maintenance) the person can no longer provide.

Their calculations provide the jury with a clear, justifiable figure for the economic damages portion of the claim.

Mechanical Engineers or Automotive Specialists

If there is a question of whether a vehicle defect caused or contributed to the crash, these experts are brought in. They can inspect the vehicle to determine if a critical component failed. This could involve issues such as:

  • Brake failure
  • Tire defects or blowouts
  • Steering or suspension system malfunctions
  • Airbag failures

Their findings can sometimes lead to a product liability claim against the vehicle or parts manufacturer.

Human Factors Experts

These experts focus on the intersection of human psychology and engineering. They analyze driver perception, reaction time, and decision-making. A human factors expert might be retained to address issues such as:

  • Driver Distraction: Explaining how using a cell phone impairs a driver’s ability to react to hazards.
  • Visibility: Determining whether a driver’s line of sight was obstructed.
  • Perception-Response Time: Calculating the time a reasonable driver would have needed to perceive a hazard and take evasive action.

The Process for Qualifying an Expert Witness in Alabama

A person cannot simply declare themselves an expert in court. They must be formally qualified through a process overseen by the judge. Under the Alabama Rules of Evidence, the party presenting the expert must show that the individual has the necessary knowledge, skill, experience, training, or education in their field.

Alabama courts, like federal courts, follow the Daubert standard. This standard requires the trial judge to act as a “gatekeeper” to ensure that an expert’s testimony is not only relevant but also reliable. This means the expert’s opinion must be based on sound scientific principles and methods, not just on personal speculation. Opposing counsel has the right to challenge the qualifications of an expert and the reliability of their methods in a pre-trial hearing.

Using Expert Testimony to Defeat the Contributory Negligence Defense

Alabama is one of the few states that still follows the harsh legal doctrine of pure contributory negligence. This rule states that if an injured person is found to be even 1% at fault for the accident that caused their injuries, they are completely barred from recovering any compensation.

Insurance companies are well aware of this rule and use it as a powerful defense. They will often try to shift even a small amount of blame onto the victim to avoid paying the claim. An expert witness can be your strongest weapon against this defense. For example, an accident reconstructionist can provide a scientific, fact-based analysis demonstrating that the other driver was 100% at fault, leaving no room for an insurer or jury to assign blame to you.

How a Knowledgeable Attorney Works with Expert Witnesses

Retaining and presenting expert testimony is a complex process that requires a skilled legal advocate. An attorney experienced in handling serious car crash cases will manage every step of this process.

  • Identifying the Right Professionals: A thorough lawyer can analyze the facts of a case and determine precisely which types of experts are needed to prove liability and damages.
  • Leveraging an Established Network: Experienced attorneys have developed relationships with a network of credible, respected professionals who have been vetted and have a track record of providing solid, defensible analysis.
  • Presenting Complex Information: A key skill of a trial lawyer is the ability to work with an expert to present their complicated findings to a jury in a way that is clear, compelling, and persuasive.
  • Challenging the Other Side’s Experts: Just as importantly, a skilled attorney knows how to cross-examine the experts hired by the insurance company, exposing weaknesses in their logic, biases in their analysis, or flaws in their methodology.

Let McPhillips Shinbaum Review the Details of Your Case

A car crash can turn your life upside down in an instant, and the path to recovery is often complicated. When a case involves complex questions of fault or requires a detailed projection of future damages, the testimony of a qualified expert witness can be the deciding factor in securing a fair outcome. Building a case with this level of detail requires knowledge, resources, and a commitment to meticulous preparation. Attorney Aaron Luck and the dedicated team at McPhillips Shinbaum are here to help. We are prepared to investigate every facet of your accident, engage the right professionals to support your claim, and advocate for the full compensation you deserve.

Contact us today for a consultation to discuss your legal options. You can reach us online or call us at 334-262-1911 to set up an appointment.

How Speeding Contributes to Car and Truck Accidents in Alabama

How Speeding Contributes to Car and Truck Accidents in Alabama

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It happens in an instant. One moment, you are driving down an Alabama highway like I-85 or a local road in Montgomery; the next, you are caught in a maelstrom of crushing metal, shattering glass, and violent force.

The jarring impact is often the result of a single, preventable choice made by another driver: the decision to speed. Exceeding the posted speed limit or driving too fast for conditions is not merely a minor traffic infraction that leads to a ticket. It is a leading cause of catastrophic vehicle collisions across our state, leaving a wake of devastating injuries and shattered lives.

The Unmistakable Physics of Speed

A vehicle traveling at a high rate of speed is a vessel of immense kinetic energy. While we may not think in terms of physics during our daily commutes, the laws of motion are unforgiving in a crash. The faster a vehicle is moving, the more difficult it becomes to control and the more violent the subsequent impact will be.

Three key factors are directly affected by a driver’s speed:

  • Perception and Reaction Time: A driver must first perceive a hazard—a stopped car, a pedestrian, a deer—and then react. At higher speeds, the distance your vehicle travels during this critical thinking process increases significantly, leaving less time and space to avoid a collision.
  • Braking Distance: The kinetic energy that must be dissipated to bring a vehicle to a stop increases exponentially with speed. Doubling a car’s speed from 30 mph to 60 mph does not just double the stopping distance; it quadruples it. For a heavy semi-truck, this distance is even more pronounced.
  • Crash Severity: The force of impact is directly related to a vehicle’s speed. A collision at 65 mph is not just slightly worse than one at 50 mph; the destructive energy released is substantially greater, leading to more severe vehicle damage and a higher likelihood of catastrophic injuries or fatalities.

Think of it like this: dropping a bowling ball on your foot from one foot up is painful. Dropping that same ball from the top of a building results in a completely different, and far more devastating, outcome. The ball’s weight never changed, but the energy it carried upon impact did—dramatically. The same principle applies to a speeding car or truck.

What Does Alabama Law Say About Speeding?

To build a successful injury claim, it is important to show how a driver violated their legal duty to operate their vehicle safely. In Alabama, speeding is not just about the number on a sign; the law addresses it in two primary ways.

  • The “Absolute Speed Limit”: This is the most straightforward rule. Alabama Code Title 32-5A-171 sets maximum speed limits for various types of roadways (e.g., 70 mph on interstates, 30 mph in urban districts). Driving even one mile per hour over this posted limit is a violation.
  • The “Basic Speeding Law”: Alabama Code Title 32-5A-170 is equally important. This statute requires that a driver operate their vehicle at a speed that is “reasonable and prudent under the conditions.” This means a person can be ticketed for speeding even if they are driving below the posted limit. Conditions that might require a driver to slow down include rain, fog, heavy traffic, construction zones, or winding roads. A driver on Taylor Road in Montgomery during a thunderstorm, for instance, has a duty to drive much slower than the posted limit.

When a driver violates either of these statutes and causes a crash, it can be considered powerful evidence of their negligence.

Why Do Drivers Speed on Alabama Roads?

While every situation is unique, a few common behaviors and mindsets contribute to speeding-related crashes. A thorough investigation often reveals that the at-fault driver was:

  • Distracted or Inattentive: A driver who is texting, talking on the phone, or otherwise not paying attention may not realize how fast they are going.
  • Operating Under the Influence: Alcohol and drugs impair judgment, leading to reckless behaviors like excessive speeding.
  • Driving Aggressively: “Road rage” and aggressive driving are significant problems, causing drivers to speed, tailgate, and weave through traffic without regard for others’ safety.
  • Running Late: Many drivers justify speeding because they are in a hurry to get to work, school, or an appointment, prioritizing their schedule over public safety.

How Does Speeding Affect Commercial Truck Accidents?

When an 80,000-pound semi-truck is speeding, the danger is magnified to an extreme degree. The Federal Motor Carrier Safety Administration (FMCSA) sets safety regulations for the trucking industry, but violations are all too common.

A speeding truck is more likely to:

  • Suffer a Rollover: Taking a curve or an exit ramp too fast can cause the truck’s high center of gravity to shift, leading to a dangerous rollover.
  • Experience Brake Failure: The immense weight of a commercial truck already puts enormous strain on its braking system. Speeding increases this strain, and can cause brakes to overheat and fail, especially on downhill grades.
  • Jackknife: If a trucker has to slam on the brakes at high speed, the trailer can swing out, creating a jackknife situation that blocks multiple lanes of traffic.

Investigators in a truck accident case will immediately seek to preserve evidence from the truck’s Electronic Logging Device (ELD) and its Event Data Recorder (EDR), or “black box.” This data provides a second-by-second account of the truck’s speed, braking, and other actions in the moments leading up to the crash, often providing undeniable proof of a driver’s negligence.

What Kind of Evidence Helps Prove Speed Was a Factor?

After a high-speed crash, your word against the other drivers is often not enough. A strong claim is built on solid evidence. An investigation may uncover several key pieces of proof, including:

  • The Official Police Report: The responding officer will often note their opinion on whether speed was a contributing factor, based on physical evidence and statements.
  • Eyewitness Testimony: A statement from a neutral third party who saw the at-fault driver speeding just before the collision can be incredibly persuasive.
  • Accident Scene Analysis: The length and nature of skid marks, the location of debris, and the extent of vehicle damage can all help an accident reconstructionist calculate vehicle speeds.
  • Electronic Data: As mentioned, data from a vehicle’s EDR can provide objective, scientific proof of how fast a vehicle was traveling at the moment of impact.
  • Surveillance Footage: Cameras from nearby businesses or traffic lights sometimes capture the collision, offering a clear and unbiased view of events.

Speeding, Negligence, and Alabama’s Contributory Negligence Rule

In any personal injury claim, you must prove the other party was negligent. When a driver is speeding, they are often breaching their duty to operate their vehicle safely. In some cases, the legal doctrine of “negligence per se” may apply. This means that if a driver violated a safety law (like a speed limit) and that violation directly caused the type of harm the law was designed to prevent, their negligence is presumed.

This is especially significant in Alabama because of our state’s harsh contributory negligence law. This rule states that if an injured person is found to be even 1% at fault for the accident that caused their injuries, they are completely barred from recovering any financial compensation.

Insurance companies are fully aware of this rule and will use it to their advantage. They may try to argue that you were also negligent in some small way—perhaps by pulling out too slowly or not braking fast enough—to assign you a tiny percentage of fault and deny your claim entirely.

Having clear evidence that the other driver was speeding is one of the strongest defenses against this tactic and is essential to protecting your right to recovery.

What Types of Compensation Can Be Recovered?

Victims of crashes caused by speeding drivers may be entitled to recover compensation for a wide range of losses. These damages are generally categorized as follows:

Economic Damages: These are for your measurable financial losses.

  • Medical Bills (past and future)
  • Lost Wages and Income
  • Loss of Future Earning Capacity
  • Property Damage
  • Rehabilitation and Therapy Costs

Non-Economic Damages: These compensate for the intangible, personal losses you have suffered.

  • Physical Pain and Suffering
  • Emotional Distress and Mental Anguish
  • Loss of Enjoyment of Life
  • Permanent Scarring or Disfigurement

Punitive Damages: In cases where the at-fault driver’s conduct was particularly reckless or wanton—for example, driving at an extremely high speed in a school zone—a court may award punitive damages. These are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

Protecting Your Rights After a Crash

The moments after an accident are chaotic, but the steps you take can protect your health and your legal rights. If you are involved in a collision and believe the other driver was speeding, try to take the following actions if you are able:

  • Prioritize Safety: Move to a safe location away from traffic if possible and check on others involved.
  • Call 911: Request police and emergency medical services to the scene. A police report is a vital piece of evidence, and getting a medical evaluation is important, even if you feel fine, as some serious injuries are not immediately apparent.
  • Document Everything: Use your phone to take pictures and videos of the vehicle positions, damage to all cars, skid marks, road conditions, and any visible injuries.
  • Speak to Witnesses: If there are witnesses, ask for their names and contact information. Their account could be invaluable.
  • Report the Incident: Notify your own insurance company that an accident occurred, but stick to the basic facts. Do not give a recorded statement to the other driver’s insurance adjuster without first speaking to an attorney.

Navigating the Legal Aftermath of a Speed-Related Accident

Collisions caused by a speeding driver are far more than routine accidents. They involve complex issues of evidence, physics, and a stringent Alabama liability standard that can be difficult to overcome without knowledgeable legal guidance.

Establishing fault requires a swift and thorough investigation to preserve evidence and build a compelling case.

Attorney Aaron Luck and the dedicated legal team at McPhillips Shinbaum are committed to helping victims hold negligent drivers and their insurance companies accountable. We have the resources and experience to investigate complex collisions and fight for the full compensation you deserve.

Your focus should be on your recovery. Let us handle the legal burdens. To discuss your case and learn more about your options, contact us for a consultation. You can reach our Montgomery office by calling (334) 262-1911 or by completing our online contact form.

Documenting Injuries After a Car Accident in Alabama

How to Document Your Injuries Effectively After a Car Accident in Alabama

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Properly documenting your injuries after an Alabama car accident can make a significant difference in the outcome of your personal injury case. However, if you don’t start documenting until days or weeks after your accident, you may lose valuable evidence that your attorney could use to help you.

That’s why it’s important to take action quickly and reach out to McPhillips Shinbaum after an Alabama car accident. With the help of attorney Aaron Luck, who handles our personal injury claims, you can fight for what you deserve. Call us at 334-262-1911 to set up a time to talk.

Initial Steps to Take at the Accident Scene

The moments immediately following a car accident are critical. Your first priority should be to call the police and seek medical attention, even if your injuries seem minor at first. The police report will serve as an official record of the incident, so you should get a copy as soon as it’s available to you. While waiting for help, gather essential information from other parties involved, such as their names, contact details, and insurance information. If there are witnesses, get their contact information as well. Take photos of the accident scene, including vehicle damage and road conditions. This documentation, along with proof of your injuries, may form the foundation of your personal injury claim.

Photographing Your Injuries

Photographing your injuries is an important part of documenting the impact of a car accident. As soon as possible, take clear and detailed photos of any visible injuries. Make sure to capture images from multiple angles to provide a complete view of each injury. Use good lighting to ensure that your injuries are clearly visible in the photos.

If possible, take pictures at different stages of your recovery to show how your injuries change over time. Take photos in the same place, with the same lighting, and at the same time of day to keep them as consistent as possible. This makes it very hard for the other party to question their reliability.

These images can serve as powerful evidence when dealing with insurance companies or in court. Remember to also photograph any medical equipment you need, like casts or crutches, as they demonstrate the severity of your injuries.

Keeping Medical Records

Maintaining detailed medical records is essential for tracking your injuries and recovery. After seeking medical attention, make sure to get copies of all documents from your healthcare providers, including medical reports, treatment plans, and prescriptions. Keep a folder or digital file to organize these records, as this makes it easier to access them when needed. Document any ongoing symptoms and note each follow-up visit to your doctor. Give your attorney access to these records so they can determine how best to use them in your case.

Keeping a log of your appointments, medications, and any recommended treatments will help create a clear timeline of your recovery. This organized record-keeping can be invaluable when dealing with insurance companies or in a legal case. Not only does it show how your injuries impact your life, it also shows your efforts to comply with treatment recommendations and do your part to recover.

Journaling Your Recovery Process

Keeping a personal injury journal can be incredibly helpful in tracking your recovery after a car accident. Each day, write down your pain levels and any injury-related challenges you’re facing. Note how your injuries affect your daily life, such as tasks that have become difficult or any activities you can no longer do. Be specific about the pain and discomfort. You may find it helpful to mention any medications you are taking and how they make you feel.

This daily record can be an essential piece of evidence if you need to show how the accident has impacted your life over time. Don’t forget to include small details that may fade with time. For example, if you have to hire someone to take your children to and from school or use adaptive equipment to get your work done, you should keep track of these changes to your daily life. If your injuries affect you ability to work, you can also document these challenges. You may want to write about days you have to take off for doctors’ appointments, days that your pain makes it impossible to work, and any duties you are unable to perform.

Choose McPhillips Shinbaum for Your Alabama Personal Injury Claim

Attorney Aaron Luck and his team are committed to helping victims like you demand fair compensation after an accident. Take the first step now—call us at 334-262-1911 or reach out online to get started.

chronic pain after a car crash

Living With Chronic Pain After a Car Accident in Alabama

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Chronic pain is one of the most tragic and life-changing outcomes of an accident. Chronic pain can make everyday tasks like working, enjoying hobbies, or even moving around a struggle. Learning how to manage this pain is important, as is dealing with the emotional and legal challenges that come with it.

Chronic pain can affect your quality of life, making it harder to do things you once took for granted. It’s not just about physical discomfort—it also impacts your mental and emotional well-being. Recognizing this and taking steps to address it can make a big difference. Support from healthcare providers, family, and friends is important while navigating these difficult times. Remember, you don’t have to face this alone; there are resources and strategies available to help you cope and find relief.

Getting full and fair compensation for your injuries can give you the support you need to move forward with chronic pain. Learn more about your legal options with the team at McPhillips Shinbaum. Attorney Aaron Luck is committed to helping car accident victims seek justice—call us at 334-262-1911 to set up a consultation now.

How Car Accidents Can Lead to Chronic Pain

Persistent pain after a car accident can stem from several types of injuries, some of which take months or even years to heal. Knowing the common sources of chronic pain can help individuals recognize when to seek help. These include:

  • Whiplash: A common injury that affects the neck and shoulders, often resulting in long-term stiffness and discomfort.
  • Back Injuries: Damage to the spine or muscles can lead to ongoing pain, making everyday tasks challenging.
  • Fractures and Soft Tissue Damage: These injuries might heal slowly and sometimes leave behind lingering pain.

If you experience symptoms like persistent soreness, tingling, numbness, or a limited range of motion, it may signal the onset of a chronic condition. Seeking medical attention promptly is essential for proper diagnosis and treatment.

Traumatic brain injuries (TBIs) are another frequent source of chronic pain. These injuries can interfere with the brain’s ability to regulate pain, compounding the physical discomfort with emotional challenges. For victims, the combination of chronic pain and difficulty managing emotions often makes recovery especially tough.

 

Approaches to Managing Long-Term Pain

Managing chronic pain involves a mix of medical treatments and lifestyle changes. Doctors may prescribe pain medications or suggest physical therapy to improve strength and flexibility. In some cases, surgery might be necessary—however, surgery comes with its own risks, so it may not be recommended until less intrusive treatments have been tried.

Alternative therapies like acupuncture, massage, or chiropractic care can also help reduce pain. Lifestyle changes are equally important—regular exercise, a balanced diet, and stress management techniques such as yoga or meditation can make a big difference. Working closely with healthcare professionals is key to creating a pain management plan tailored to your needs. Each person’s experience with pain is unique, so finding what works best for you is essential. You may also want to keep a journal that tracks your pain levels and what you do to manage them. This type of journal can help you uncover trends and discover what works.

 

Emotional and Psychological Impact

Living with chronic pain can lead to significant emotional and psychological stress. It’s not unusual to feel overwhelmed, anxious, or even depressed as you navigate your daily life. Pain can make it hard to sleep, affecting your mood and energy levels. Social interactions might become less enjoyable, leading to feelings of isolation. Addressing these emotional challenges is essential for your overall well-being.

Therapy, particularly cognitive-behavioral therapy, can be a valuable tool in managing these emotions. Speaking with a mental health professional can provide strategies to cope with stress and anxiety. It’s also important to communicate your feelings with family and friends, allowing them to offer support. Remember, taking care of your mental health is just as important as managing your physical pain.

It’s also important to note that many chronic pain sufferers report brain fog. This can impact your ability to tolerate pain, think clearly about pain management, and get through daily life. A thorough treatment plan should address this side effect.

 

Choose McPhillips Shinbaum for Your Alabama Car Accident Claim

At McPhillips Shinbaum, we work to help car accident victims get fair and full compensation. Take the first step now by setting up a consultation with attorney Aaron Luck. Get in touch online or call us at 334-262-1911.

drinking and driving

What Percentage of Car Crashes Are Caused by Drinking?

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Drunk driving has often been described as an epidemic in the United States. While experts have attempted to tackle this issue from every possible angle, it remains incredibly difficult to get drunk driving rates down. This raises an important question—how many crashes are the result of drunk driving?

Learn more about this issue and how it affects accident rates. If you’ve been injured, learn more about your legal options by calling McPhillips Shinbaum at 334-262-1911. Attorney Aaron Luck guides personal injury victims through their options as they seek justice.

 

The Impact of Alcohol Impairment on Driving Abilities

Alcohol significantly affects many skills you need for safe driving. It slows down reaction times, making it harder to respond quickly to unexpected situations. Coordination is also reduced, which can make simple tasks like steering and braking difficult. Judgment is impaired, leading to poor decision-making on the road.

As blood alcohol concentration rises, these effects become more pronounced. For example, a driver with a BAC of 0.08% is about four times more likely to be involved in a crash compared to a sober driver. At higher BAC levels, the risk increases even more. Alcohol impairs the brain’s ability to process information and control motor skills, making it extremely hazardous to drive under its influence.

Additionally, alcohol impairs the driver’s ability to judge distances and speeds, increasing the likelihood of collisions. The effects of alcohol can be even more dangerous in complex driving situations, such as heavy traffic or poor weather conditions, where quick reflexes and sharp judgment are crucial.

 

How Prevalent is Drunk Driving?

Drunk driving is a significant public safety concern in the United States. According to the National Highway Traffic Safety Administration, alcohol-impaired driving is responsible for about 32% of all traffic-related deaths. This translates to over 13,000 fatalities annually due to drunk driving incidents.

The prevalence of drunk driving varies across different states and demographic groups. Despite widespread awareness campaigns and stricter laws, many individuals still choose to drive after consuming alcohol. Efforts to combat drunk driving include enhanced law enforcement measures, such as sobriety checkpoints and zero-tolerance policies. However, the issue persists, indicating the need for continued education and enforcement. Across the board, according to one study, over 55% of people involved in serious crashes had drugs or alcohol in their system.

Certain states have higher rates of drunk driving incidents, often correlating with less stringent enforcement or public awareness programs. Additionally, younger drivers and repeat offenders tend to have higher rates of alcohol-impaired driving.

Law enforcement agencies employ various strategies to reduce drunk driving, including the use of ignition interlock devices for convicted offenders and increased patrols during high-risk times. Community programs also play a role, offering education and support for those struggling with alcohol misuse.

 

Liability in Drunk Driving Incidents

After a drunk driving incident, determining who is responsible is essential for legal and insurance reasons. Typically, the driver who is under the influence is held accountable for any harm or damage they cause. This accountability can result in both criminal charges and civil claims.

In criminal proceedings, the intoxicated driver may face penalties like fines, license suspension, and possibly jail time, depending on how serious the incident is and whether they have prior offenses. On the civil side, victims of drunk driving accidents can pursue compensation for medical bills, property damage, lost income, and emotional distress.

Insurance companies play a significant role in these cases. The outcome of legal proceedings can influence how insurance claims are handled. For instance, the driver’s insurance policy may cover some of the damages, but the driver may face increased premiums or policy cancellations due to their actions.

In addition to the drunk driver, other parties could sometimes share responsibility. For example, establishments that serve alcohol might be liable if they continued to serve someone who was clearly intoxicated, contributing to the incident. This is known as dram shop liability.

Victims or their families often need to navigate complex legal landscapes to secure the compensation they deserve. Legal professionals experienced in drunk driving cases can offer valuable assistance in understanding the nuances of liability and the best course of action.

 

Get the Assistance You Need with McPhillips Shinbaum

If you’ve suffered injuries in a drunk driving accident, it’s time to reach out to the team at McPhillips Shinbaum. Start your claim now by contacting us online or calling us at 334-262-1911.

What Time of Day Do Most Car Crashes Occur?

What Time of Day Do Most Car Crashes Occur?

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Understanding the timing of car accidents can be crucial for drivers looking to minimize their risk on the road. By identifying when these incidents are most likely to occur, individuals can make informed decisions about when to travel and how to stay safe.

Have you been injured in an Alabama car accident? Don’t wait any longer to explore your legal options. Call 334-262-1911 to set up a consultation with attorney Aaron Luck at McPhillips Shinbaum.

Peak Times for Car Accidents

Car accidents are most frequent during certain times of the day. Statistics indicate that the highest number of crashes occur during rush hours, typically between 2:00 P.M. and 6:00 P.M. This is when many people are leaving work and heading home, leading to congested roads and a higher likelihood of collisions. The morning rush hour, usually from 7:00 A.M. to 9:00 A.M., also sees a significant number of accidents as people commute to work or school. Increased traffic during these periods makes driving conditions more challenging and increases the risk of accidents.

Factors Contributing to High Accident Rates During Peak Times

During peak times, several factors contribute to the high rate of car accidents. The large number of vehicles on the road during rush hours leads to crowded conditions, leaving less room for error. With so many cars nearby, even a small mistake can result in a collision. 

Additionally, many drivers experience fatigue in the late afternoon after a long day at work, which can impair their reaction times and decision-making abilities. Distractions are another major concern. Whether it’s a mobile phone, GPS system, or even a conversation with a passenger, diverted attention significantly increases the risk of an accident. These elements combined make peak times particularly hazardous for drivers.

The Impact of Nighttime Driving on Accident Rates

Nighttime driving significantly increases the risk of accidents due to reduced visibility and the prevalence of impaired driving. Statistics show that while accidents peak in the afternoon, fatal crashes peak in the late hours of the night. Without natural light, drivers depend on streetlights and headlights, which often aren’t enough to see clearly. This makes spotting pedestrians, road signs, and obstacles more difficult. 

Additionally, night driving can be more hazardous because drivers may be more fatigued, affecting their reaction times and judgment. Impaired driving is also more common at night, with higher instances of alcohol or drug use among drivers.

Weekday vs. Weekend Accident Trends

It’s also important to look at which days of the week see the highest accident numbers. Accident numbers are fairly consistent in Alabama Monday through Friday, although Friday is more crash-prone than other weekdays. However, weekends have far more fatal crashes than weekdays. The day with the most fatal crashes is Saturday, followed by Sunday. Keep in mind that Sunday crashes also include all Saturday night crashes occurring after midnight, indicating that impaired driving may be a contributing factor.

Legal Implications of Car Accidents at Different Times

The timing of a car accident can have significant legal consequences, adding to the stress and complexity of an already challenging situation. Accidents during peak hours often involve multiple vehicles, which can complicate the determination of fault and make insurance claims more intricate. In such cases, understanding who is liable can be confusing and may require detailed investigation and legal expertise.

Nighttime accidents come with their own set of legal issues. If an accident occurs at night, there may be a higher suspicion of impaired driving, whether due to alcohol or drugs. Law enforcement typically scrutinizes these accidents more closely, which can lead to more severe legal repercussions for those found to be driving under the influence. This scrutiny can affect not just the immediate aftermath of the accident but also have long-term legal consequences.

Weekends can also present unique legal challenges. With a higher likelihood of social activities involving alcohol, accidents during these times often require thorough investigation to establish whether impairment played a role. Additionally, weekend accidents may involve drivers unfamiliar with the area, further complicating liability issues.

Plan Your Next Steps with McPhillips Shinbaum

The sooner you start exploring your options after a car accident in Alabama, the sooner our team can begin advocating for you. Claim your free consultation now by contacting us online or calling us at 334-262-1911.

What Percentage of Car Crashes Are Caused by Human Error?

What Percentage of Car Crashes Are Caused by Human Error?

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Car crashes are a serious issue on Alabama roads, and a significant percentage of these incidents can be traced back to human error. Understanding how often human mistakes contribute to car crashes is crucial for drivers, lawmakers, and safety advocates alike.

Once you understand how big of a role human error plays in car collisions, it can help you see your crash in a whole different light. Get the help you deserve after your crash—call McPhillips Shinbaum at 334-262-1911 to set up a consultation with attorney Aaron Luck.

Defining Human Error in Car Crashes

Human error in car crashes refers to any mistake made by a driver that leads to an accident. This includes a broad spectrum of behaviors and decisions, such as distracted driving, misjudging traffic signals, and poor reactions to other drivers’ actions. Essentially, it covers any lapse in judgment or action that strays from safe driving practices. 

Human error is not just about the driver’s direct actions; it also encompasses failures to properly respond to hazardous conditions or the influence of fatigue and intoxication. Recognizing these elements helps us understand how often human error plays a role in car crashes and highlights areas where drivers can improve their habits.

Statistics on Car Crashes Caused by Human Error

The statistics surrounding car crashes and human error are alarming. According to the National Highway Traffic Safety Administration, approximately 94% of all car crashes are attributed to human error. This statistic underscores the critical importance of driver behavior in road safety. It’s important to note that this doesn’t mean that human error is the only factor in 94% of crashes. That is, the critical reason for the crash—the last event in the chain of events leading to the collision—was attributed to human error 94% of the time. In most cases, there are many other factors that play a role as well.

Common Types of Human Errors Leading to Car Crashes

Various types of human errors frequently contribute to car crashes. Some of the most common include:

  • Distracted driving: Engaging in activities that divert attention from driving, such as texting, talking on the phone, or eating, is a leading cause of accidents. When a driver’s focus shifts from the road to another task, the risk of a crash increases significantly. 
  • Speeding: Driving above the speed limit or too fast for conditions can limit a driver’s ability to react to abrupt changes in traffic conditions and increase the severity of crashes. Speeding shortens the time drivers have to make crucial decisions and can lead to more severe injuries or fatalities in the event of an accident. 
  • Driving while impaired: Alcohol and drugs significantly impair judgment, coordination, and reaction times, leading to a higher likelihood of accidents. Intoxicated drivers are less able to process information quickly and react appropriately to road hazards. 
  • Ignoring traffic signals: Running red lights or failing to stop at stop signs can create dangerous situations for all road users. Disregarding traffic signals often leads to collisions at intersections, which can be particularly severe due to the angles and speeds involved. 
  • Fatigue: Drowsy driving is often underestimated, but it can impair a driver’s ability to react quickly and make sound decisions. Fatigued drivers may experience slower reaction times, reduced vigilance, and even fall asleep at the wheel, all of which increase the risk of a crash.

The Role of Driver Assistance Systems and Self-Driving Vehicles

Technological advancements are playing a significant role in enhancing road safety and reducing car crashes. Driver assistance systems, such as lane-keeping assist, adaptive cruise control, and automatic emergency braking, are designed to minimize human error. These systems provide extra support to drivers by alerting them to potential hazards or even taking control of the vehicle in critical situations. 

For example, lane-keeping assist can guide the car back into its lane if the driver starts to wander out of their lane. Another common feature, adaptive cruise control, can adjust the car’s speed to maintain a safe following distance from the vehicle ahead. 

Self-driving vehicles, or autonomous cars, represent a more advanced step in this technological evolution. However, there is still a widespread belief that there is a need for human engagement in the driving process. There are still things that only humans can do, and until that gap is bridged, driver assistance systems are our best bet for improved road safety.

Take the First Step in Your Claim

If you’ve been injured in a car crash, don’t wait any longer to see if you are owed compensation. Call McPhillips Shinbaum at 334-262-1911 or reach out online to set up a consultation with our personal injury team.

Driver Fatigue and Car AccidentsDriver Fatigue and Car Accidents

How Driver Fatigue Contributes to Car Crashes in Alabama

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Car accidents caused by driver fatigue are a serious issue in Alabama, leading to devastating consequences for those involved. Unfortunately, this issue is growing in severity every day, with an ever-increasing number of collisions being traced back to tired drivers.

It’s crucial that you understand your legal options after a fatigued driving crash. That’s where our team comes in. Led by attorney Aaron Luck, we fight aggressively to help our clients recover fair and full compensation. Learn more now by calling us at 334-262-1911 to set up a consultation.

Driver Fatigue and Its Causes

Driver fatigue is a significant hazard that can affect anyone who gets behind the wheel. This weariness stems from several sources, like consistently not getting enough sleep, driving for too many hours without taking breaks, or even medical conditions that haven’t been diagnosed or treated properly. 

Your body requires a certain amount of sleep, and no amount of coffee or loud music can trick it into feeling awake. This need for rest can sneak up on drivers, often without them realizing how much their alertness has dwindled. As you become more tired, your ability to make quick decisions and respond to sudden changes on the road decreases. 

How Driver Fatigue Affects Driving Performance

When you drive while fatigued, your reaction time slows down, making it harder to make quick moves or decisions. This is critical when you need to stop suddenly or dodge an unexpected obstacle on the road. Driver fatigue makes it tough to keep your car straight in its lane. You might find yourself swerving without even realizing it, increasing the risk of hitting another car or running off the road. Missing important signs or signals becomes more likely because your brain isn’t processing information as swiftly or accurately as it should. These aren’t just minor slip-ups. They’re serious hazards that can lead to accidents, putting everyone on the road in danger. Being aware of how tiredness affects your ability to drive safely is crucial.

Legal Consequences of Fatigue-Related Car Accidents in Alabama

In Alabama, facing the aftermath of a car accident caused by driving while tired can be very serious. The law can hold you accountable for any harm or damage that happened because of the crash. This means you might have to deal with some hefty fines, your driver’s license could be suspended, and in some cases, you could even face criminal charges. You must know both what you’re responsible for and your rights under Alabama law.

Are You Owed Compensation After a Crash?

After experiencing a car accident caused by driver fatigue, you might wonder if you’re entitled to compensation. Fair compensation should cover your medical bills, lost income because you couldn’t work, and the pain you’ve gone through. It’s important to explore your legal options to find out if you can get compensation for what happened to you. You’ll need to get in touch with a personal injury expert who understands the intricacies of car accident claims. They can help you figure out your rights and the best path forward.

Proving Driver Fatigue

Showing that driver fatigue was behind a car accident is a tough but vital part of your case. To do this, you’ll need strong proof, like what witnesses observed, what’s in the police report, and what experts on sleep and driving say about the crash. These pieces of evidence can point to signs that the driver was too tired to be driving safely. 

For example, if the driver admitted to yawning a lot, having trouble focusing, or missing exits, these can be clues that sleepiness played a role in the accident. Gathering this kind of evidence might seem daunting, but it’s where having a skilled attorney can really make a difference. They know exactly what to look for and how to put together the strongest case possible on your behalf.

Take the First Step in Your Car Accident Claim Now

The sooner you reach out to the car accident team at McPhillips Shinbaum, the more time we have to investigate your crash and start advocating for you. Schedule a consultation now by calling us at 334-262-1911 or filling out our quick and easy contact form.

Insurance Companies After a Car Accident

Things Insurance Companies Don’t Want You to Know After a Car Accident

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Being involved in a Montgomery car accident leaves you with trauma, both physical and emotional. In the aftermath, dealing with insurance companies can add another layer of stress to an already difficult situation. It’s important to remember that you have rights and options when it comes to handling the aftermath of a car accident, including understanding what insurance companies may not want you to know.

The team at McPhillips Shinbaum, led by attorney Aaron Luck, can help you fight for justice. Call us at 334-262-1911 to discuss your next steps.

The Initial Settlement Offer Is Rarely the Best Offer

After a car accident, you might quickly hear from the insurance company with an offer to settle your claim. This might feel like a relief at first, but take a moment before you say yes. Why? Because the first offer they make is often not the best one you could get. Insurance companies are in the business of saving money, so their initial offer might be lower than what you’re truly entitled to.

You’ll want to make sure the settlement covers all your needs. This includes medical bills, car repairs, and any wages you lost from missing work. Before you agree to their first offer, it’s smart to talk to a personal injury lawyer. They can help by looking at the details of your case and advising you if the offer is fair or if you should negotiate for more.

Consulting a Lawyer Can Be Beneficial

Navigating the aftermath of a car accident can feel like trying to solve a complex puzzle without all the pieces. This is where the expertise of a personal injury lawyer becomes invaluable. Their attorneys specialize in understanding the intricacies of car accident claims and can provide guidance tailored to your specific situation. They have the knowledge to negotiate with insurance companies, aiming to ensure you receive the compensation you rightfully deserve. Don’t be surprised if the insurance company tries to dissuade you from hiring a lawyer; they are acting in their best interests, not yours.

There Are Deadlines for Filing Claims and Lawsuits

Understanding the timeline for filing insurance claims and lawsuits after a car accident is crucial. Each state sets its own laws, so it’s important to know the limits in place before you delay your case too much. 

In Alabama, the statute of limitations for a personal injury claim is typically two years from the accident date. If your claim negotiations drag on and on without you filing a lawsuit, you could unintentionally let that two-year window close. When that happens, you have essentially no way to fight for compensation. While you technically can file a lawsuit in court, it will likely be dismissed right away because the statute of limits has passed. Do not let them run out the clock or you’ll be left shouldering the expenses of your claim alone.

Not All Damages Are Immediately Apparent

In the chaos that follows a car accident, it’s easy to focus on the visible losses: dents in your car, a broken arm, or a laceration. But there are unseen injuries that can sneak up on you later. Think about how a bruise sometimes shows up days after you bump into something. Injuries like whiplash or concussions might not wave red flags until much later. That’s why seeing a doctor right away and keeping track of how you feel is so important.

These hidden injuries can end up needing more care down the road, and if you haven’t documented them from the start, it might be tough to get help covering the cost. Just like you wouldn’t ignore a slow leak in your tire, don’t overlook the small signs your body might be giving you after an accident.

Some injuries that aren’t immediately visible can cause lasting health issues. For example, internal bleeding is fatal when not immediately treated. Even when it is immediately treated, it can still result in death.

Insurance companies are quick to offer a settlement because not all losses can be seen right away. This allows them to offer compensation only for what is visible, not what could still go wrong.

Fight for Compensation with McPhillips Shinbaum

When you’re ready to move forward with your claim, the team at McPhillips Shinbaum is ready to listen. Call us at 334-262-1911 or contact us online to schedule a consultation now.