Birmingham Motor Vehicle Accident Lawyers
Alabama law allows a claim to be made by anyone injured as a result of an automobile accident when the other driver is at-fault or “negligent”. Negligence is the failure to discharge a legal duty such as obeying a traffic signal. Determining fault is the primary controlling factor in all motor vehicle accident claims. Drake Law Firm’s automobile accident lawyers will take the necessary depositions and conduct an investigation to “prove” your claim to the insurance adjuster, or to a jury if necessary.
Rules of the Road – Alabama
The Code of Alabama has a specific section entitled “Rules of the Road”. It includes law about who has the right-of-away, speed controls, traffic signals, etc. Under Alabama law, a violation of one of these rules is negligence as a matter of law. But what about an automobile accident where no specific rule has been violated?
Where the other motor vehicle did not violate a specific rule of the road, they can still be at fault for the accident. “Negligence” also means a failure to exercise reasonable care. So, if an automobile pulls in front of you from a side street, they are negligent and legally responsible even though they did not violate a specific rule of the road. An experienced automobile accident lawyer will be able to review your specific situation and explain this in more detail.
Contributory Negligence
As the name suggests, contributory negligence is fault on the part of the injured party that contributes to the accident. Under Alabama law, if the injured party is partially at-fault for a motor vehicle accident, they cannot recover compensation. So, if another automobile fails to yield the right-of-way to your vehicle, as you are traveling 15 miles above the speed limit, your contributory negligence might prevent a recovery.
Motor Vehicle Accident Facts
In order to prove negligence on the vehicle, your attorney will need to obtain the accident report, talk to the witnesses, and in severe accidents with disputed facts, retain an accident reconstruction expert. Drake Law firm has handled thousands of motor vehicle accident claims. We will obtain the other driver’s record, speak with the officer who investigated the accident, photograph the scene and vehicles, talk with witnesses and establish the accident facts.
Statute of Limitations – Motor Vehicle Accident
As with most personal injuries, Alabama law has a two-year statute of limitations for automobile accident claims. Due to this and other considerations, most attorneys agree that is better to seek legal representation sooner than later.
Automobile Accident Injuries
With few exceptions, only those injuries that your doctor relates to the accident can be claimed. Alabama law has long required medical testimony as a condition to claiming an injury is accident-related. Generally speaking, most physicians mention “mva”(motor vehicle accident) in the medical chart, so the relatedness of the injury to the accident is usually self-evident.
If you need an automobile accident lawyer for your case, we are ready to assist. Our law firm has experts and investigators who are well-experienced in accident claims.
Call Drake Law Firm to arrange a free consultation with an automobile accident lawyer.
