Legal Rights of Cyclists Involved in Vehicle Collisions in Alabama

June 5, 2025/by McPhillips Shinbaum, LLP

Bicycle accidents in Alabama can result in severe injuries and complex legal challenges. When cyclists share the road with larger vehicles, they are at greater risk of a collision. Knowing what to do and understanding your rights after an accident can make a big difference.

Looking for the right legal support as you navigate your bike accident claim? Attorney Aaron Luck at McPhillips Shinbaum is passionate about helping accident victims like you seek compensation. Call us at 334-262-1911 to set up a consultation now.

Cyclists’ Legal Rights

Cyclists in Alabama are recognized as having the same rights and responsibilities as drivers of motor vehicles. This means they can ride on most public roads, but they must also follow the same traffic laws. Drivers must be cautious around cyclists, giving them the space they need to ride safely. Cyclists have almost no protection in accidents, and drivers are expected to keep that in mind.

If an accident happens, these legal rights help determine who is at fault and who should pay for damages. It’s important for cyclists to know these rights so they can protect themselves and ensure they are treated fairly by both drivers and insurance companies.

Steps to Take After an Accident

After a bicycle accident, your first priority should be ensuring your safety and collecting critical information to protect your rights. Taking the right steps immediately can greatly influence the outcome of insurance claims or legal proceedings. Below is a list of essential actions to take following a collision:

Move to a Safe Location: If possible, move yourself and your bike out of traffic to a secure area. Avoid creating additional hazards by staying in the roadway. Safety should always come first. Moving to a safe spot not only reduces the risk of further accidents but also allows emergency responders to assess and manage the scene effectively.
Check for Injuries: Assess yourself and others for any injuries, even if they appear minor at first. Call 911 to seek medical assistance if needed. Some injuries, like concussions or internal damage, may not be immediately apparent. Getting medical attention ensures your health and creates an official medical record.
Contact Law Enforcement: Always call 911 to report the accident, regardless of its severity. A police report serves as a crucial document for insurance claims and legal cases. The police can evaluate the situation and document the incident, providing an impartial account that protects your legal interests.
Document the Scene: Take photographs of the accident site, including your bicycle, involved vehicles, injuries, and any road hazards that may have contributed to the incident. Photographic evidence can prove invaluable for demonstrating the circumstances of the accident to insurers or in court.
Gather Contact Information: Exchange names, phone numbers, and insurance information with the other party involved. Collect witness contact details as well. Witness statements and proper documentation of the driver’s details can strengthen your case if disputes arise later on. Additionally, make sure to hold on to any documents related to the accident, such as medical records and repair receipts. These will be needed for your claim or potential legal proceedings.

By following these steps diligently, you can protect your rights and ensure you have the evidence and support needed to resolve the situation effectively.

When to Seek Legal Help

It’s important to get legal help after a bicycle accident. If you’ve been badly hurt, if the insurance company isn’t cooperating, or if it’s not clear who caused the accident, a car accident lawyer can be very helpful. They can help you understand your rights and what kind of compensation you might be entitled to.

Compensation and Insurance Claims

Cyclists involved in accidents might be able to receive compensation for their injuries and damages to their bicycles. This compensation can cover medical bills, lost income, and even pain and suffering. To get this compensation, you may need to reach out to an attorney and negotiate compensation with the at-fault party.

Start by connecting with a personal injury lawyer. Make sure to provide all necessary documents, such as photos of the accident scene, medical records, and witness contact information. Remember that the other party’s insurance company is not acting in your best interests—they are acting in their own interest. You deserve to get guidance and clarity from someone who is working toward the best possible outcome for you.

Preventive Measures for Cyclists

To stay safe on the road, cyclists should always follow traffic laws and use designated bike lanes whenever possible. Wearing protective gear, such as helmets and reflective clothing, is crucial. These items can greatly reduce the risk of serious injury. Additionally, making sure your bike has lights and reflectors will help you be more visible to drivers, especially at night or in low-light conditions.

Even though you may have the right-of-way in certain situations, you should always put your safety first. Remember, if it comes down to either being right or being uninjured, remaining uninjured is the better option

It’s also important to stay alert and be aware of your surroundings. Watch out for any potential hazards like potholes, debris, or parked cars. Keeping your bike in good working condition, with regular maintenance checks, can also prevent accidents. By taking these simple but effective steps, you can improve your safety while cycling.

Let’s Talk About Your Next Steps—Contact McPhillips Shinbaum

The sooner you reach out to attorney Aaron Luck, the sooner he can begin negotiating the compensation you deserve. Get started with a consultation. You can contact our team online or give us a call at 334-262-1911 to set up a time to discuss your case.

Alabama Personal Injury Claims: When to Consider Filing a Lawsuit Instead of Settling Out of Court

June 5, 2025/by McPhillips Shinbaum, LLP

When you’re already dealing with an injury, the last thing you need is to deal with legal issues. Unfortunately, that’s often what you have to do get a shot at fair compensation. If you’re just starting to work your way through this process and you’re looking for professional guidance, turn to attorney Aaron Luck at McPhillips Shinbaum. Our team is committed to helping you fight for justice. Call us at 334-262-1911 to set up a time to meet with our experienced attorneys now.

Benefits of Settling Out of Court

Settling a personal injury claim out of court has many advantages that can make it a preferable option for those seeking resolution. While every case is unique, there are several key benefits that often make settling an attractive choice. Below is a closer look at some of these benefits:

Faster Resolution: Settling out of court typically allows for a quicker resolution than pursuing a trial. Lawsuits can drag on for months or even years, depending on the complexity of the case. By settling, you can often reach an agreement in weeks or a few months, providing much-needed financial relief sooner rather than later.
Reduced Stress: Avoiding the courtroom can spare you significant emotional strain. Trials are inherently stressful, involving depositions, cross-examinations, and public scrutiny. Settling minimizes these challenges, allowing you to focus on recovery and moving forward with your life.
Lower Costs: Legal fees and court expenses can quickly add up when pursuing a trial. Settlements generally involve fewer procedural costs, such as hiring expert witnesses or preparing extensive documentation. This means more of your compensation ultimately benefits you directly.
Predictable Outcomes: Trials are unpredictable, with the final decision left in the hands of a judge or jury. Settling provides greater control over the negotiation process, enabling both parties to agree on terms that are mutually acceptable, rather than leaving the outcome to chance.
Confidentiality: Settlements often come with confidentiality agreements, ensuring that the details of your claim and the resolution remain private. On the other hand, trials are public records, which may expose sensitive information about your case to the public and media.

By opting for a settlement, you can save time, reduce stress, and maintain better control over your case, all while avoiding the unpredictability of a trial.

Drawbacks of Settling

While settling out of court has its perks, there are also some downsides to think about. One big issue is that you might not get as much money as you would if you went to trial. Insurance companies and the party at fault usually want to pay as little as possible. This can mean that your settlement might not cover all your losses.

Another problem is that a settlement might not account for future expenses. If you have ongoing medical needs or other costs down the road, the money from a settlement might run out too soon. It’s really important to examine any settlement offer carefully to make sure it meets your needs both now and in the future.

When to Consider Filing a Lawsuit

There are times when settling out of court just isn’t the right option for your personal injury claim. If the settlement offers you receive are too low and don’t reflect the true extent of your damages, it might be wise to think about filing a lawsuit. Sometimes insurance companies are unwilling to negotiate fairly or even deny your claim without a good reason. Taking legal action in these cases can push them to reconsider and treat you more fairly.

Filing a lawsuit can be a way to seek full compensation for your losses. This includes not just current medical bills and lost income but also future expenses you might incur. It’s important to understand that a lawsuit can take time and may involve more stress and costs than settling out of court. However, if your injuries are severe and the stakes are high, going to court might be worth it.

Consulting with an Alabama personal injury lawyer can help you decide if filing a lawsuit is the right way to go in your situation. They can assess the strength of your case, guide you through the process, and represent your interests in court. With the right legal support, you can make an informed decision about whether to proceed with a lawsuit or continue negotiating a settlement.

Let’s Talk About Your Legal Options

Ready to find out if you have a strong personal injury claim? Attorney Aaron Luck is here to learn more about your case and provide personalized guidance. Give us a call at 334-262-1911 or send us a message online to claim your free consultation and discuss your case in greater detail.

Common Mistakes That Can Hurt Your Auto Accident Claim in Alabama

April 1, 2025/by McPhillips Shinbaum, LLP

Auto accident claims, insurance claims, and possible legal issues make it especially difficult to recover from an auto accident in Alabama. On top of that, you have the other party’s insurance company angling to minimize your settlement.

That’s why it’s important to have an experienced car accident lawyer advocating for you. Attorney Aaron Luck at McPhillips Shinbaum is here to fight for you. Call us at 334-262-1911 to set up a consultation now.

Not Gathering Important Evidence

Unfortunately, the minutes immediately after a car accident are the best time to gather evidence—and it’s the same time that you are the most shaken and unable to think clearly. Failing to use this time well can seriously harm your claim. Focus on taking clear photos of the accident scene, the vehicles involved, and any visible injuries. Take your time and capture different angles and close-ups so your attorney has their pick of shots.

Don’t forget to get witness statements if there are people who saw what happened. Ask for their contact information so they can provide an account of the events if needed. These witness statements can be very helpful in supporting your version of what happened.

Additionally, keep a record of everything related to the accident. It’s better to have too much documentation versus too little. This includes medical bills, repair estimates, and any other expenses you incur as a result of the accident.

Not Involving the Police with Auto Accident Claims

One of the first things you should do is contact the police. Regardless of the severity of the crash, an official police report can be very helpful for your claim. This report provides an unbiased account of the incident.

The police report can serve as a reliable piece of evidence when dealing with insurance companies or in court. Without it, you may find it harder to prove what happened, especially if the other driver disputes your version of events. The police can also document any visible injuries and damages, which can be critical for your claim.

Some people hesitate to call the police, thinking it’s unnecessary for a minor accident, but this can be a mistake. Even small accidents can lead to bigger issues later on, and having an official report can save you a lot of trouble.

Being Too Apologetic

After a car accident, it’s natural to feel stressed or shaken. It’s normal to instinctively say “I’m sorry,” thinking it’s a polite way to handle the situation. However, saying sorry can be seen as admitting fault—and that can hurt your auto accident claim. Even if you feel you might be partly to blame, it’s best not to discuss fault at the scene. Instead, focus on exchanging information with the other driver and let the police and insurance companies determine what happened.

Opening Up to the Other Party’s Insurance Company

When dealing with the other party’s insurance company after a car accident, be cautious about what you say. Their main goal is to save money, not to help you. If you do choose to speak to them, keep your answers brief.

However, consider not talking to them at all. Instead, direct their questions to your attorney. Professionals can help you handle these conversations and make sure your rights are protected.

Remember, the other party’s insurance adjuster is trained to ask questions in a way that might make you admit to things you didn’t do or downplay your injuries. By limiting your interactions and seeking advice, you can keep your claim strong.

Trying to DIY Personal Injury Claim & Auto Accident Claims

Handling a personal injury claim on your own can seem tempting, especially if you want to save on legal fees. However, this approach can be risky and may end up costing you more in the long run.

Insurance companies have their own legal teams and adjusters who are skilled in minimizing payouts. Going up against them without proper legal representation can put you at a disadvantage. An attorney can level the playing field and advocate for your best interests, helping you avoid common pitfalls and mistakes.

Reach Out to McPhillips Shinbaum Today

You don’t have to go through this challenging time alone. Call our firm at 334-262-1911 and ask for Attorney Aaron Luck, or fill out our online contact form

Who Is At Fault in Highway On-Ramp Collisions?

March 4, 2025/by McPhillips Shinbaum, LLP

On-ramp collisions often happen when vehicles are merging from an entry ramp onto a highway. On-ramp collisions can be caused by a variety of factors, such as the merging vehicle’s speed, distracted driving, or poor weather conditions. The merging process can be tricky because it requires cooperation between drivers on the highway and those entering from the ramp. If cooperation is poor, on-ramp collisions can occur. With all of these factors at play in on-ramp collisions, it should be no surprise that on-ramp collisions are fairly common.

Injured in a crash? Let’s talk about your options. Attorney Aaron Luck at McPhillips Shinbaum is here to help with your personal injury claim. Call us at 334-262-1911 to discuss your options now.

Role of the Merging Driver

Merging drivers must make sure it’s safe before entering the highway to avoid on-ramp collisions. This means matching the speed of the traffic and finding a proper gap to merge. If a merging driver fails to do this, they can be held responsible for any collision.

Responsibilities of Drivers Already on the Highway

Drivers on the highway should keep a steady speed and avoid sudden lane changes to avoid on-ramp collisions, especially near on-ramps. Although they aren’t obligated to make space for merging cars, being considerate and driving defensively can help prevent accidents. If a driver on the highway is speeding or behaving recklessly, they might also share some of the blame for an accident.

State Laws in Alabama Regarding On-Ramp Collisions

Understanding Alabama’s traffic laws can help clarify fault in on-ramp collisions. In Alabama, merging drivers are required by law to yield to vehicles already on the highway. This means that the merging driver must wait for a safe gap in traffic before entering the highway. Additionally, Alabama law stresses the importance of merging at a speed that matches the flow of highway traffic as closely as possible.

If a merging driver fails to yield or does not adjust their speed appropriately, they could be held responsible for any resulting on-ramp collisions. Neglecting to use turn signals while merging can also be a factor in determining fault. On the other hand, drivers already on the highway are expected to maintain a steady speed and avoid erratic maneuvers.

While they aren’t legally required to make room for merging vehicles, reckless or aggressive driving by highway drivers can contribute to an accident and may share in the blame.

Evidence and Documentation for On-Ramp Collisions

After an on-ramp accident, gathering evidence is essential. Documentation can help establish what occurred and who may be at fault. Start by taking photos of the accident scene, capturing vehicle damage, skid marks, and road conditions. These images can be useful for insurance claims and legal proceedings. Additionally, collect contact information and statements from any witnesses.

Their accounts can provide an unbiased perspective on the accident. If possible, obtain any available surveillance footage from nearby cameras, as this can offer a clear view of the incident. Also, be sure to file a police report. A police report includes an official account of the accident and can be an important piece of evidence.

Keeping detailed notes about the accident, including the date, time, weather conditions, and any other relevant details, can also be beneficial. All this information can help paint a comprehensive picture of the event, aiding in the determination of fault.

What If the Other Driver is Liable?

If the other driver is to blame for your on-ramp accident, you may be owed compensation. Remember that under Alabama’s pure contributory negligence law, a victim may not receive compensation if the other party can prove that they share any liability—so you should expect the other driver’s insurance company to look for any errors you made during the crash.

Your personal injury attorney can help you fight for fair and full compensation as you navigate your options after a crash. You could be entitled to compensation for your losses, including your medical expenses, lost wages, pain and suffering, and other expenses.

Choose McPhillips Shinbaum for Your Claim for On-Ramp Collisions

The team at McPhillips Shinbaum is committed to helping victims like you seek justice after an accident. If an on-ramp collision has left you injured and unsure of what to do next, don’t go through this alone. Let’s discuss your legal options now. Set up a consultation by calling us at 334-262-1911 or sending us a quick message online.

Symptoms of Delayed Injuries from a Car Accident

December 17, 2024/by McPhillips Shinbaum, LLP

Amidst the chaos of a Montgomery car accident, it’s easy to overlook injuries that might not appear immediately. Delayed injuries are those symptoms that can surface days or even weeks after the accident, and recognizing them is crucial for your health and legal rights.

Led by attorney Aaron Luck, the personal injury team at McPhillips Shinbaum fights aggressively for injured clients. Give us a call at 334-262-1911 to set up a time to discuss your case.

What Are Delayed Injuries and Why Do They Occur?

Delayed injuries are symptoms that don’t show up right after a car accident but instead surface later on. These can be either physical or psychological. One reason they occur is due to the adrenaline rush you experience during and after the accident. This rush can mask pain, so you might not notice any issues immediately. Another reason is that some injuries, like swelling or bruising, take time to develop. The emotional stress from the accident can also cause your body to temporarily suppress pain signals, making it harder to detect injuries right away. Knowing why delayed injuries happen helps in recognizing them early and getting the medical care you need before they worsen.

Common Symptoms of Delayed Injuries to Watch For

It’s essential to know the signs of delayed injuries after a car accident, as early detection can greatly impact your recovery. Persistent headaches are a common symptom to be vigilant about; they might indicate a concussion or even a more severe brain injury. Another frequent issue is neck or shoulder pain, which could be a sign of whiplash—a condition caused by the sudden jolt of an accident. Back pain is another symptom that should not be ignored, as it could point to spinal injuries or herniated discs. Abdominal pain or swelling might indicate internal injuries, which can be life-threatening if not addressed promptly.

In addition to physical symptoms, emotional changes are also crucial to monitor. Feelings of increased anxiety, depression, or even symptoms of PTSD can emerge days or weeks after the accident. These emotional symptoms are just as important to recognize and address as physical ones, as they can significantly impact your overall well-being.

If you experience any of these symptoms, it’s vital to seek medical attention immediately. Delayed injuries can worsen over time, making early diagnosis and treatment essential. Keep an eye on your health, and don’t hesitate to consult a medical professional if you notice any of these warning signs.

Why Prompt Medical Attention Is Important

After a car accident, it’s vital to see a doctor right away, even if you feel fine at first. Some injuries might not show up immediately, and waiting can make them worse. Doctors can spot issues that you might not notice and start treatment right away. This can help prevent small problems from turning into serious, long-term conditions that could affect your daily life.

Another reason to seek immediate medical attention is to create a record of your injuries. This documentation is important if you need to make an insurance claim or take legal action later on. Without a timely medical record, it might be harder to prove that your injuries are related to the accident, which could affect the compensation you receive.

Legal Implications of Delayed Injuries

Delayed injuries can make the legal aspects of a car accident more complicated. If you don’t report your injuries right away, insurance companies might doubt their legitimacy. This skepticism can make it harder to get fair compensation for medical bills, lost wages, and other costs. Additionally, there are legal deadlines called statutes of limitations, which limit the time you have to file a personal injury claim. If you miss these deadlines, you might lose your right to seek compensation altogether.

It’s also crucial to have a medical record that links your injuries to the accident. Without timely documentation, proving that your injuries were caused by the accident becomes more challenging. This could negatively impact your claim, making it more difficult to receive the compensation you deserve.

Find Out How McPhillips Shinbaum Can Help You

When you’re ready to move forward with your personal injury claim, our experienced team is here to help. Set up a consultation right away by calling us at 334-262-1911 or contacting us online.

Protecting Your Credibility During a Personal Injury Claim

December 17, 2024/by McPhillips Shinbaum, LLP

In the complex world of personal injury claims, one factor stands out as crucial to the success of your case: credibility. Whether you’re seeking compensation for a car accident, a slip and fall, or any other incident, maintaining your credibility can make or break your claim.

Looking for help with your personal injury claim in Alabama? Attorney Aaron Luck at McPhillips Shinbaum can help you seek justice. Call us at 334-262-1911 to set up a consultation now.

The Importance of Credibility

Credibility is crucial when pursuing a personal injury claim. It’s about proving that your account of the incident and your injuries are truthful and reliable. Insurance companies and courts need to believe you to grant fair compensation. Without credibility, your chances of success decrease. Every detail you provide will be examined closely, so it’s essential to be honest and consistent. Missteps can result in a reduced settlement or even losing the case in Alabama.

Demonstrating credibility involves more than just telling the truth; it means being transparent about your injuries and the impact they have on your life. This reliability builds trust with those evaluating your claim, making it easier to secure the compensation you deserve.

Documenting Your Injuries and Treatment in Alabama

Keeping detailed records of your injuries and treatment is crucial for establishing credibility. Start by getting medical attention immediately after the incident. Keep all documents from your doctor’s visits, including diagnosis, treatment plans, and any prescribed medications.

Document each medical appointment and note any changes in your condition or treatment. Save receipts for all expenses related to your injury, such as medications, therapies, and medical equipment. These records provide clear evidence of the injury’s impact on your life and support your claim.

Being Honest and Consistent in Your Statements

Honesty and consistency are crucial in any personal injury claim. When describing the incident or your injuries, always stick to the facts. Avoid exaggerating or embellishing details, as inconsistencies can severely damage your case. Insurance companies and opposing lawyers will look for any discrepancies to question your reliability. For example, if you say one thing to your doctor and something different in your legal documents, it raises red flags. Always keep your story straight, whether you’re speaking with your attorney, doctors, or the court.

Avoiding Social Media Pitfalls

In today’s digital age, social media can inadvertently become a minefield for those involved in personal injury claims. While sharing your experiences or seeking support online may be tempting, doing so can jeopardize your credibility. Insurance companies often monitor claimants’ social media profiles for evidence contradicting their claims. Even seemingly innocent posts or photos can be misinterpreted. It’s advisable to refrain from posting about your case or activities until the matter is resolved—even better if you can avoid posting completely.

The Role of Alabama Legal Representation in Protecting Your Credibility

Hiring an experienced personal injury attorney in Alabama can be a game-changer when it comes to protecting your credibility. A knowledgeable lawyer will guide you through every step of the legal process, ensuring that you present your case in the best possible light. They understand the importance of maintaining consistency and honesty in your statements and will help you prepare thoroughly for all interactions with insurance companies and the court.

Your Alabama personal injury attorney will advise you on what to say and what to avoid, reducing the risk of unintentional contradictions that could weaken your claim. They will also help you gather and organize evidence, such as medical records and witness statements, which are crucial for substantiating your injuries and the impact they have on your life. With their expertise, you can avoid common pitfalls that claimants often encounter, like making statements that can be twisted or taken out of context by opposing parties.

Additionally, having legal representation adds a layer of professionalism and seriousness to your case. Insurance companies and opposing lawyers are more likely to take your claim seriously when they see that you have a competent attorney advocating for you. This can lead to more favorable negotiations and, ultimately, a better settlement.

Start Your Claim Today with McPhillips Shinbaum

When you’re ready to seek compensation for your Montgomery personal injury claim, our team is here to help. Contact us online or call 334-262-1911 to set up a consultation right away.

Why Your Injury Lawyer Should Have Trial Experience

November 25, 2024/by McPhillips Shinbaum, LLP

When you’re dealing with a personal injury, the last thing you want to worry about is the legal complexities that can arise. Whether it’s from a car accident, a slip and fall, or any other incident where you’ve been hurt due to someone else’s negligence, the legal process can be daunting. This is where having a knowledgeable personal injury lawyer with trial experience, like attorney Aaron Luck at McPhillips Shinbaum, becomes essential. Call us at 334-262-1911 to set up a consultation now.

The Role of Trial Experience in Personal Injury Cases

In personal injury cases, trial experience can make a significant difference. An attorney with trial experience brings specialized skills and knowledge to your case. They understand how to present evidence clearly, question witnesses effectively, and navigate complex courtroom procedures.

Additionally, lawyers with trial experience often have a better grasp of how a jury might view your case. They can assess the strengths and weaknesses of your situation and provide realistic advice from the start. This helps set your expectations and can guide you in making informed decisions.

Another benefit is that trial-experienced lawyers usually handle negotiations more effectively. Their readiness to go to trial can pressure insurance companies to offer better settlements, knowing that the lawyer is not afraid to take the case to court.

The Importance of Negotiation Skills and Trial Experience

While many personal injury cases are resolved out of court, the ability to negotiate a fair settlement is deeply connected to a lawyer’s trial experience. Lawyers with trial experience often command more respect during negotiations. Insurance companies and opposing counsel know that a lawyer who is ready for trial will not back down if the settlement offered isn’t fair.

This leverage can result in better settlement offers because insurance companies prefer to avoid the risks and costs of going to court. Trial-experienced lawyers know the critical moments in negotiations, understanding when to push for more or when to accept a reasonable offer. Their dual expertise in negotiation and trial preparation ensures that your lawyer is fighting for the best possible outcome for you.

When Settlements Fall Through: The Need for Trial-Ready Lawyers

Sometimes, despite a lawyer’s best efforts to settle a case out of court, negotiations fall through, and a trial becomes necessary. In such situations, having a lawyer with trial experience is invaluable. These lawyers are skilled in crafting persuasive arguments, presenting evidence clearly, and addressing the jury effectively. Their familiarity with courtroom procedures allows them to adapt quickly to the fast-paced nature of a trial.

A trial-ready lawyer can also anticipate and counter the strategies used by the opposing side. This expertise ensures that your case is presented in the strongest possible light, boosting your chances of winning the compensation you deserve. On top of that, trial-experienced lawyers are often better at handling the unexpected twists and turns that can occur during a trial, which can make a significant difference in the outcome.

Building Confidence and Trust with Your Injury Lawyer

Choosing a personal injury lawyer with trial experience can significantly boost your confidence and trust in the attorney-client relationship. Knowing that your lawyer is prepared to go the distance, if necessary, provides peace of mind during an overwhelming time. Lawyers with trial experience often have a level of confidence that comes from successfully navigating courtrooms before.

This confidence is reassuring for clients who may be anxious about their legal proceedings. It encourages a sense of trust, as clients feel assured that their lawyer is equipped to handle any situation that may arise, whether in negotiation or trial. Furthermore, trial-experienced lawyers are typically strong communicators. They understand the importance of keeping clients informed and explaining complex legal terms in an easy-to-understand manner. This clear communication helps you stay engaged and informed throughout your case.

In addition, trial-experienced lawyers often exhibit a strong commitment to their clients. Their readiness to take a case to trial if necessary shows their dedication to achieving the best possible outcome for you. This commitment can make a significant difference in how you feel about your case, helping you feel more supported and less stressed during the legal process.

Facing a Personal Injury Claim? Call McPhillips Shinbaum

When you’re ready to explore your legal options after a personal injury claim, the team at McPhillips Shinbaum is here for you. Get in touch with us online or call us at 334-262-1911 to set up a consultation with our team now.

Lost Wages in Personal Injury Claims

Determining Lost Wages in a Personal Injury Claim

August 17, 2024/by McPhillips Shinbaum, LLP

When you’ve been injured due to someone else’s negligence, you may face physical pain, mental trauma, and lost wages. These financial challenges can push you to your limits, making an already difficult time even more painful.

That’s why it’s so important to work with an Alabama personal injury team who’s ready to fight for you. Attorney Aaron Luck at McPhillips Shinbaum helps clients like you seek justice from those who cause car accidents, falls, and other preventable incidents. Call us at 334-262-1911 to set up a time to meet.

Understanding What Constitutes Lost Wages

When you’re hurt because of someone else’s mistake, you will likely have to miss work. This means you’re not getting your usual paycheck, which can put significant strain on your family. Lost wages are not just the money you would’ve made from your regular hours at work. They also include any extra money you could have earned, like overtime, bonuses, or commissions.

Plus, if you had to use up your sick days or vacation time because you were injured, that counts as lost wages too. Those hours are there for you to use when you need or want to use them—not to be taken from you by another person’s negligence.

Calculating Lost Wages: The Basic Formula

Determining the amount of money you’ve missed out on because you were unable to work due to an injury involves a straightforward process, but it’s one that requires precision. To calculate your lost wages, you need to start by understanding how much you earn per hour. If you’re paid hourly, this step is already done for you. However, if your income is based on a yearly salary, you’ll divide your annual earnings by the total number of work hours in a year to find your hourly wage.

Once you know your hourly rate, the next step is to multiply it by the number of hours you were unable to work due to your injury. This gives you the basic calculation of your lost wages. If your hourly wage is $15 and you missed 40 hours of work, you multiply 15 by 40 to get $600. This figure represents the wages you lost while recovering.

The Importance of Proper Documentation

Having all your paperwork in order plays a critical role when it’s time to prove how much money you missed out on because you were injured. You’ll want to keep a careful record of everything related to your job that shows you couldn’t work because of your injury. This means saving pay stubs, detailed records of work hours you missed, and any emails or letters from your employer about your injury and time off.

Gathering these documents does more than showcase your lost earnings; it provides undeniable evidence that backs up your claim. Without this proof, it’s much harder to show the full extent of your lost wages.

In a nutshell, proper documentation is your best ally in ensuring you get compensated properly. It turns your claim from being just your own words into something that can be clearly seen and understood.

Considerations for Self-Employed Individuals

For those who are self-employed, figuring out lost wages after an injury can feel overwhelming. Unlike traditional employees, self-employed individuals don’t generally have a set salary or hourly wages to easily calculate what they’ve missed out on. Instead, you need to dig a bit deeper into your business finances. This involves looking at your average income before the injury and comparing it to what you were able to earn while you were recovering.

The key is to have detailed records of your business activities. This means keeping track of invoices, client contracts, and any other proof of the work you were scheduled to do but couldn’t because of your injury. Evidence of a consistent income pattern prior to your injury will strengthen your claim, showing clearly how the injury led to a financial loss for your business.

For self-employed individuals, demonstrating lost wages is about painting a clear picture of your usual earnings and how the injury disrupted this flow. It’s important to prepare and organize your financial documents well.

Start Your Claim with McPhillips Shinbaum

When you’re ready to move forward with your personal injury claim, the team at McPhillips Shinbaum is here for you. Get started right away by contacting us online or calling us at 334-262-1911.

Intersection Accidents: Why Motorcyclists Are at Heightened Risk

June 15, 2024/by McPhillips Shinbaum, LLP

Intersection accidents are a serious concern for all road users, but motorcyclists are particularly vulnerable when navigating these high-risk areas. The combination of traffic congestion, varying road conditions, and the presence of multiple vehicles can create a dangerous environment for motorcyclists.

Motorcyclists are among the most vulnerable road users on Montgomery roads. If you’ve been injured in a motorcycle crash, turn to attorney Aaron Luck for help with your personal injury claim. Give us a call at 334-262-1911 to set up a consultation with our team.

Understanding Intersection Dynamics and Risks

Intersections force drivers and riders to make split-second decisions, often under pressure. The complexity of intersections arises from vehicles traveling in different directions, sometimes with competing priorities, driving up the risk of a crash. For motorcyclists, these risks are amplified by factors such as their limited size and minimal protection.

Adding to the danger, motorcyclists often find themselves in drivers’ blind spots, making them less visible to already distracted drivers. This decreased visibility is a critical concern, as it directly correlates with the frequency of incidents involving motorcycles within these high-activity zones.

Furthermore, the unpredictable nature of intersections creates a dynamic environment where motorcyclists must remain vigilant to navigate safely. Recognizing these challenges is the first step in understanding why intersections represent a particular hazard for motorcyclists.

The Vulnerability of Motorcyclists in Traffic

The inherent risk faced by motorcyclists on the road is significantly compounded by their lack of physical protection compared to passengers in enclosed vehicles. This disparity in safety measures means that, in the event of a collision, motorcyclists are subjected to direct exposure to the forces of impact. Intersections, in particular, pose a heightened danger. Here, the complexities of navigation along with the other dangers faced by motorcyclists lay the groundwork for collisions.

Moreover, the often limited reaction time available in such dynamic environments leaves little margin for error. Recognizing and addressing these challenges is paramount in safeguarding these vulnerable road users.

Contributing Factors to Intersection Accidents Involving Motorcycles

Several underlying factors play a significant role in intersection accidents involving motorcycles. Driver inattention is a leading cause, as motorists often overlook motorcycles due to their smaller size, leading to hazardous situations. Misjudgment of a motorcyclist’s speed and distance is another critical factor, with drivers frequently failing to accurately assess the approach of motorcycles.

Additionally, the failure to yield the right of way, particularly during turning maneuvers, heightens the risk for motorcyclists navigating through intersections. Speeding and distracted driving further contribute to the danger, diminishing the driver’s ability to react promptly to the dynamic changes at intersections. Road design flaws and limited visibility issues also significantly increase the danger for motorcyclists. These contributing factors highlight the complex nature of the risks at intersections, showing the need for heightened awareness and improved safety measures to protect motorcyclists on the road.

Strategies for Reducing Intersection Accidents

To address the grave concerns surrounding intersection accidents involving motorcyclists, immediate action is necessary. Enhanced visibility for motorcyclists is paramount; utilizing reflective gear and ensuring motorcycles are equipped with high-visibility lights can significantly reduce the risk of these accidents. Motorcyclists and drivers alike must adhere strictly to traffic regulations and signals, as these are designed to create a safe driving environment for everyone on the road.

Education plays a pivotal role in mitigating risks, with targeted campaigns aimed at both motorcyclists and other vehicle drivers to foster an environment of mutual respect and understanding on the roads. Such initiatives should highlight the unique vulnerabilities of motorcyclists and promote defensive driving techniques.

By implementing these strategies, everyone on the road can do their part to keep motorcyclists safe and decrease accident rates in and around Montgomery. Our vulnerable road users deserve better, and by driving more carefully, supporting public safety initiatives, and calling for more rider-safe infrastructure, we can help create a safer environment for them.

Explore Your Legal Options with McPhillips Shinbaum

When you’re ready to take the next step in your motorcycle accident claim, it’s time to meet with the team at McPhillips Shinbaum. We’ll learn more about your accident and help you understand your options for seeking compensation. Fill out our online contact form or call us at 334-262-1911 to get started.

The Differences Between a Settlement and a Verdict in Personal Injury Cases

May 5, 2024/by McPhillips Shinbaum, LLP

You’ve been injured because of another person’s mistake, perhaps in a car accident, slip and fall, dog bite, or other type of accident. Now that you’ve made the decision to seek legal representation, you have some important choices to make. Understanding the differences between a verdict and a settlement can help you know what to expect from this process and what factors may affect your claim.

At McPhillips Shinbaum in Montgomery, our clients fight for full and fair compensation with the assistance of attorney Aaron Luck. Find out more about how we can help you now by calling us at 334-262-1911.

The Process of Beginning a Claim

First, you have to understand the general process that you go through when you pursue a personal injury claim. After an attorney agrees to take your claim, they go through an investigation to learn more about what happened and gather the necessary evidence. This should give them the information they need to contact the insurance company on your behalf. They assess how much your claim is worth, send a demand letter to the insurance company, and begin negotiations.

The majority of personal injury claims result in a settlement, not a verdict. This generally happens fairly early on in the process; both sides avoid the risk of going to court while still having some control over the outcome. However, a settlement is not always possible, nor is it always the best option for your case.

What Happens When You Negotiate a Settlement

After your attorney sends a demand letter to the insurance company, the insurance company will come back with their own settlement offer. The first offer is rarely what you actually deserve. Negotiations commence, and in most cases, the parties end up agreeing on a number. You, as the victim, sign a waiver that gives up your right to sue for your current injuries or other injuries resulting from the accident in question. You then receive your settlement.

When It’s Necessary to Secure a Verdict

Unfortunately, insurance companies don’t always see the genuine value of a claim. If they do not accept the evidence presented to them or underestimate how much a claim is worth, their settlement offer may not come anywhere close to what you are willing to accept. When negotiations falter, your personal injury attorney may need to move forward with a lawsuit.

Even then, a settlement is still a possibility. As the case proceeds and discovery brings your evidence to light, the other party may opt to offer a more favorable settlement. If this does not happen, your case will go before a judge and possibly a jury.

Once the judge and jury have heard from both sides, they will make their decision. In some cases, the judge alone hears your case and makes the final decision; in others, the jury makes the final call. They will decide whether or not the other party is liable for your injuries. If they find that the other party is liable, they will also decide how much compensation they owe you.

The Risks You Take with a Settlement or Verdict

Both of these solutions come with benefits and drawbacks, so we’ll focus on the risks. When you accept a settlement, risks are overall low. The main risk is that you may give up what you truly deserve—for example, if your case warrants punitive damages, you’ll only be awarded those if your case goes to court and results in a verdict. In exchange for guaranteed compensation, you have to give up the possibility of getting a much larger award.

The risks associated with a verdict are far greater. It’s entirely possible that you’ll go through the entire process, only for the jury to find that the other party is not liable and that you are not entitled to anything. Since this is Alabama, they may find that you are partially to blame for the accident—a decision that bars you from receiving any compensation. This risk is more than most people are willing to bear, particularly if they need compensation for medical expenses and other accident-related costs.

Considering a Personal Injury Claim? Contact McPhillips Shinbaum

The right decision for your case will be determined by the specific details of your accident and injuries. That’s where attorney Aaron Luck steps in to help—you can trust his expertise and commitment to his clients. Set up a consultation now by getting in touch online or calling us at 334-262-1911.