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What if I Am at Fault, Too?

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Alabama’s contributory negligence law and its effect on your case

Every driver has a responsibility to others to drive carefully. As a general rule, if a driver breaks that duty through careless driving and, as a result, injures someone else, the driver is liable to the victim for damages. There is, however, a major exception to this rule in Alabama: contributory negligence.

Contributory negligence is a legal defense available to the defendant. If the defendant can prove that the plaintiff in a lawsuit (the injured person) was at fault in the accident, then the plaintiff may not be able to recover any damages at all from the defendant.

If the defendant’s conduct rose far above the level of negligence and constituted wanton conduct that demonstrated flagrant disregard for the safety of others, however, then contributory negligence will not prevent the plaintiff from winning compensation.

In a civil case in Mobile last year, the jury asked the judge to define contributory negligence. According to the plaintiff’s family, Roosevelt Jones was driving out of the Greater Gulf State Fairgrounds when a gate crashed through his windshield, killing him. The defense contended that because Mr. Jones scored a 1.0 percent on a blood alcohol test, he contributed to his death. Therefore his estate was not entitled to the $4 million in compensation they sued for. The family noted that Mr. Jones was traveling at two or three miles an hour and could not have affected the gate. This case fairly shows the lengths a defense team will go to keep from losing such a case.

When an accident case comes to our office, we carefully dissect every aspect of the case, interviewing witnesses, searching for video evidence, and studying the medical records, accident scene, and vehicles involved. If you have been in an accident, or lost a loved one due to the negligence of another party, our personal injury attorneys may be able to help you.

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Why You Need a Personal Injury Lawyer If You Are Seriously Injured

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Many people bristle at the idea of hiring a lawyer. “If I got hurt and the other person is at fault,” they reason, “why can’t I just tell the judge what happened?”  The answer is simple: A lawyer frames your case in the way that makes it most likely for you to receive a fair chance in court or full compensation in an insurance settlement agreement. And since most personal injury attorneys work on a contingency basis — they do not get paid unless you win monetary compensation — there is no need to be concerned about legal fees.

Some people count on their insurance agents to help them after a serious accident. What is sometimes not understood is that insurance companies are for-profit businesses. It’s in the best interests of the company to pay you as little compensation as possible. So in this case, your insurance company is not your friend.

In addition to empathizing with your situation and standing up for your rights, experienced Alabama personal injury lawyers work hard for you because you are in the case together. If you lose, they do not get paid for their work.

Attorneys offer seriously injured clients many services that are beneficial after an accident. They may:

  • Investigate and document your accident
  • Compile your medical bills, lost earnings and other expenses
  • Research your injuries to determine how your injury will affect your financial future
  • Communicate with all involved insurance companies
  • Create a settlement letter laying out your case to the insurance company and negotiating full and fair compensation based on all the facts of your case
  • If necessary, your attorney files a lawsuit against the those responsible for your injuries

For all these reasons, if you are seriously injured in an accident, do not hesitate to contact an Alabama personal injury law firm quickly.

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

Not So Easy Rider: Reducing the Risk of Injury for Alabama Motorcyclists

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Motorcyclists know that the question is not if you will have an accident while riding a motorcycle but when? Automobile drivers often fail to see motorcyclists in traffic. The Alabama Department of Public Safety reports that nearly 40 percent of motorcycle accidents involve situations where a motor vehicle turns left into the path of a motorcycle.

A recent study conducted by the Centers for Disease Control (CDC) found that the most common non-fatal motorcycle injuries involve leg and foot injuries (30%) and head and neck injuries (22%), followed by damage to the upper body (20%) and arms and hands (18%).  Studies also show that when a motorcyclist takes appropriate safety precautions, such as wearing a helmet and bright protective clothing, the likelihood of injury and death is significantly reduced.

These laws and guidelines are important to motorcyclists in Alabama:

  • License required.  Riders must be at least 14 years old. The licensing requirement includes mopeds.
  • Protective gear. Alabama requires riders to wear a helmet, and studies have shown that helmets reduce the risk of death in a crash by more than 40 percent, and the risk of head injuries by nearly 70 percent.  Other protective gear is recommended, such as gloves and brightly colored jackets, to protect your skin from abrasions and to make you more visible to other drivers.
  • Take a safety course.  About one-third of those killed in motorcycle accidents each year have not received formal training.  Taking a refresher course from time to time can be beneficial for veteran riders as well.
  • Know your vehicle.  Choosing the right sized motorcycle and maintaining it in good working condition can prevent injuries.
  • Follow traffic laws.  A motorcycle’s easy maneuverability encourages some motorcyclists to speed, swerve and perform other risky behaviors on the road.  Resist the temptation and drive safely.
  • Don’t drink and drive. In 2010, nearly 30 percent of fatally injured motorcyclists got on their vehicles with blood alcohol content above the legal limit.

Our firm fights for the rights of motorcyclists and their loved ones to obtain the compensation they deserve following an accident.  If you require legal assistance, call our office today.