Can a Passenger Be Liable for an Auto Accident?

When you hear about the victims of a car accident, most of the talk is geared towards the driver. It seems there is little information for injured passengers about the steps they should take after an accident and how they can pursue the compensation they deserve.

At Stokes Stemle, LLC, we want the passengers in car accidents in Alabama to know they are just as important as the driver, and they have rights too. Our knowledgeable car accident attorneys can answer any questions a passenger might have about the aftermath of a collision. Contact our office today for your initial case review.

Can I Get Compensation for Being a Passenger in a Car Accident?

A passenger injured in a crash could be eligible to seek compensation for their injuries. The first step towards recovering what you’re owed is to identify who is at fault for the incident and file an injury claim against their insurance.

In most cases, the at-fault individual’s insurer will be responsible for covering the medical expenses of the other parties involved. If the other driver is at fault, you may be able to file a claim with their insurer. If the driver you are traveling with is at fault, their insurance policy may pay for your medical expenses.

If the insurance company fails to offer a reasonable settlement for a passenger in a car accident, the passenger could file a personal injury lawsuit against the at-fault party and seek compensation in court.

Can I Sue If I Was a Passenger in a Car Accident?

A passenger involved in a car accident has the right to sue. The best way for them to pursue compensation for their injuries is through a personal injury claim or lawsuit. However, recovering compensation can be a complicated matter.

If the driver of the other vehicle causes the collision, a passenger could seek compensation from them. Taking legal action can be significantly more complex if the driver the victim was with is at fault, though.

Usually, the passenger will have a relationship with the driver, whether they are a family member, friend, co-worker, or another acquaintance. Because of this personal relationship, the victim might feel guilty for taking legal action, even if the person was directly responsible for causing the crash and their injuries.

There are also other circumstances where the passenger might be injured due to negligence on the part of the driver they are riding with, such as rideshare, taxicab, or bus accidents. They may be able to seek compensation from the driver or the driver’s employer when this happens.

Can a Passenger Be Liable for an Accident?

A passenger is generally not liable for a car accident because the driver is responsible for maintaining control of the vehicle while they are behind the wheel. Negligence of one of the drivers is usually the cause of a wreck. Car accidents caused by passengers aren’t very common, with distractions from passengers only causing about four percent of car accidents.

However, there are some situations where a passenger may be unable to recover compensation in the event of a collision. If a passenger knowingly gets into a car with an intoxicated driver, insurance may not cover the passenger’s medical expenses. In rare cases, a passenger could also be partially accountable for causing an accident if they take control of the vehicle from the driver.

An example of this behavior would be if a passenger suddenly grabs the steering wheel or gear shift. This can also include if a passenger knowingly incapacitates a driver by covering their eyes or interfering with their ability to drive.

What to Do If You’re a Passenger Injured in a Car Accident

As a passenger, you may feel like you have to take a back seat after an accident. But you need to take an active role in protecting your right to seek compensation.

Here’s what you should do if you are a passenger injured in a car accident:

• Call the police – Make sure that you or someone else reports the accident right away. Police will manage the scene and help clean up while emergency services tend to the injured. A police report can also be vital to an insurance claim or lawsuit down the road.
• Seek medical attention right away – Do not wait to get medical help. You may think your injuries are minor, but they should be assessed by a medical professional. Medical documentation is crucial if a claim is filed.
• Document the scene – Drivers should exchange information at the scene, but you need access to this information as well. Write down all vital information from both drivers. Take photographs of the scene and damage to the vehicles.
• Gather witness information – If there are witnesses on the scene, ask for their contact information. The information they provide can help determine liability.
• Contact an attorney – Now is the time to contact an experienced car accident attorney for help. Your attorney can manage communication between you and the insurance company, while also investigating the cause of the wreck.
• Follow through with all medical treatments – Stick to your medical treatment and doctor’s recommendations. Do not deviate from your health care provider’s treatment plan, and keep all follow-up appointments.
• Do not post on social media – Avoid posting anything on social media while waiting for a resolution to your claim. You want to especially avoid posting information about the accident itself and your injuries.
• Keep all bills – Hang on to copies of all your medical bills, receipts, and out-of-pocket expenses related to the crash. These documents can help estimate the value of your case.

Talk to Our Personal Injury Lawyers in Montgomery, AL

Being a passenger injured in a car accident is a frightening and often helpless feeling. Take back your control by contacting an experienced Montgomery car accident attorney to discuss your rights and legal options right away.

At Stokes Stemle, LLC, we know how overwhelming it can be for passengers of a car crash to seek the compensation they so desperately need. Our experienced lawyers can answer your questions and help you determine the best course of action for your situation. We’ll be ready to discuss your case during a free consultation when you call us or reach out to us online today.

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What Should I Do if My Car Is Totaled?

In some cases, a vehicle becomes so damaged in a crash that the cost of repairing it exceeds the vehicle’s actual cash value. When this occurs, car insurance companies say the car is a “total loss” or declare the vehicle “totaled.”

Here’s what you need to know if the auto insurance company declares your vehicle a total loss after a Montgomery car accident.

Can You Keep Your Car If It’s Totaled?

If your car is declared totaled but still seems drivable, you may be wondering whether you can keep the car. In most cases, you shouldn’t drive a totaled car after an accident, even if it looks safe. However, if the damage was entirely cosmetic, it may be okay to drive after a thorough inspection by a qualified mechanic.

If you want to keep your vehicle after the insurance company decides it is a total loss, you can take the following steps to push back:

• Take the vehicle for an independent appraisal. A second opinion from a different mechanic could result in lower repair costs for your vehicle.
• Negotiate with the insurance company by providing photos and documentation showing that your vehicle is worth more than they are offering.
• Contact a knowledgeable car accident lawyer who can back up your claim.

Is It Worth Keeping a Totaled Car?

Regardless of any emotional attachment you may have to your car, it’s important to consider whether keeping it is the best financial decision. Even if you’re happy with how much the insurance company offers for your totaled vehicle, you need to compare that amount with any outstanding loans you still have for the car.

For example, if the insurance company offers you $10,000 for a totaled vehicle but you still owe your lender $15,000, you’ll have to pay your lender $5,000 out of pocket after accepting the insurance money. However, if you purchased comprehensive or collision coverage, your policy may pay for the difference. A car accident attorney can help you review your options and decide what’s best for your finances.

What Happens When Your Car Is Totaled and You’re Not At Fault?

Even if the other driver was clearly at fault for the accident that totaled your car, demanding the compensation you deserve is not always so simple. The other party’s insurance company should determine the fair market value of your car, but sometimes they don’t consider all the factors that could maximize its value. The insurer may also owe you for additional costs, such as the expense of having your vehicle towed, that they don’t include in their offer.

Some insurers may also try to pin fault on you to avoid making a payout. This is because Alabama courts follow a doctrine of pure contributory negligence, which bars you from recovering money in a lawsuit if you are even one percent at fault.

If the other driver has just a shred of evidence that you may be to blame for the wreck, you may be out of luck. That’s why it’s so important to work with a knowledgeable attorney who can identify valuable supporting evidence and establish a strong foundation for your case.

How Does the Insurance Company Determine the Value of a Totaled Car?

Auto insurance companies may use different methods to come up with the value of your totaled vehicle. They generally determine the worth of the car’s make, model, and year in today’s market. They should also consider other factors, such as mileage, wear and tear, and upgrades.

If you disagree with the insurance company’s calculations, you can use the following types of evidence to dispute their decision:

• Details from the insurance company’s research report, which should show whether the vehicles they researched had the same features and specifications as your car
• Research from Blue Books and online vehicle ads which you can use to calculate a rough estimate of the potential value of cars like yours
• Evidence that your vehicle has been carefully maintained, such as photos of the vehicle and history of mechanic records

You can work with a car accident lawyer to compile your findings and potentially demand a higher payout from the insurance company.

Talk to a Personal Injury Attorney in Montgomery, AL Today

The personal injury attorneys of Stokes Stemle, LLC can help you seek fair compensation for a totaled vehicle and other losses after a Montgomery car crash. Contact us today to learn more about your legal options in a free initial consultation.

 

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New Anti-Drunk Driving Technology to be Aware Of

The NHTSA estimates roughly 28 people are killed every day in the United States due to drunk driving. Due to the staggering numbers, federal transportation agencies are developing rules requiring auto manufacturers to include drunk driving detection systems designed to detect whether a driver is intoxicated.

Advocates for mandatory anti-drunk driving technology believe that preventing drunk drivers from starting or driving a vehicle can significantly reduce the number of fatalities from drunk driving accidents.

New Law Mandates the Usage of Anti-Drunk Driving Technology for New Cars

A 2020 study by the Insurance Institute for Highway Safety concluded that about a quarter of drunk driving crash deaths could be prevented by mandatory driver intoxication detection systems in cars. The study also noted a survey that found that about two-thirds of drivers would support the mandated inclusion of such systems in all vehicles if they were accurate, unobtrusive, and did not noticeably delay starting up a vehicle.

This initiative was part of the Infrastructure Investment Bill passed by Congress and signed by President Biden in late 2021. A component of the Infrastructure Investment and Jobs Act calls on the National Highway Traffic Safety Administration and other federal agencies to develop rules mandating various types of safety technologies for motor vehicles. The new technologies detailed in the law include systems designed to prevent drunk drivers from even starting up a car.

These systems would prevent a vehicle from starting if the driver is intoxicated and cause an intoxicated driver to pull over and stop the car. These proposed anti-drunk driving car safety systems are intended to reduce the number of alcohol-involved motor vehicle deaths significantly.

When Can We Expect to Have this New Anti-Drunk Driving Technology in Our Cars?

The law specifically requires the NHTSA to finalize rules for mandatory anti-drunk driving technology in new passenger vehicles within three years of the law’s passage, or by 2024. The law further states that automakers should have two years from when the finalized rules are issued to begin including the mandated technology in newly manufactured vehicles.

This means the earliest we might expect to see anti-drunk driving technology included in new vehicles is 2026. However, the law also allows NHTSA officials to delay issuing final rules and extend the timeline under which automakers must start including mandated drunk driving detection systems in new vehicles.

Industry experts suggest that federal agencies and automakers likely will not hit the earliest deadline of 2026 for implementing anti-drunk driving technologies in new cars. The anti-drunk driving technologies contemplated by the infrastructure bill would be passive systems, not requiring the driver to do anything besides simply starting their vehicle. However, passive intoxicated driver detection systems are still only on the drawing board or in early testing phases.

Proposed systems for drunk driving detection could include the following:

• Sensors that can register the presence of alcohol on a driver’s breath as they exhale normally
• Sweat sensor on the steering wheel
• An infrared sensor in the start button that can read blood alcohol content
• Cameras designed to detect signs of intoxication in the driver’s body movements
• Use of existing sensors in the vehicle’s systems to register erratic or reckless driving behaviors

Nationwide Drunk Driving Statistics

Initial reports from National Highway Traffic Safety Administration (NHTSA) indicate that road-related fatalities from the last year are the highest they’ve been in 15 years. According to the NHTSA, the most recently reported year saw 10,142 deaths caused by drunk driving. This is 28 percent of the fatalities suffered that year. They estimate that someone dies in a drunk driving accident roughly every 50 minutes. The Center for Disease Control and Prevention (CDC) states there are over 100 million self-reported alcohol-impaired driving episodes in a year.

The hope is these new systems and initiatives connected to the Infrastructure Investment Bill will reduce these sobering drunk driving statistics. Specifically, the Insurance Institute for Highway Safety’s recent study estimates that alcohol-detection systems can save over 9,000 lives a year. This is why they believe anti-drunk driving car safety systems will become an “important part of the overall strategy to reduce impaired driving.”

Injured by a Drunk Driver? Contact Our Car Accident Attorneys in Montgomery, AL Now

If you’ve suffered injuries and losses in a motor vehicle accident that a drunk driver caused, it’s important to get legal representation and hold that driver responsible for their actions. At Stokes Stemle, LLC, our drunk driving accident attorneys are focused on helping people whose lives have been turned upside down by serious injuries due to the negligence of drunk drivers.

You deserve to seek financial compensation for your injuries and losses. Contact the Montgomery, AL car accident attorneys of Stokes Stemle, LLC today for a free, no-obligation consultation. We can help you understand your legal rights and options for your case moving forward.

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How Common Are Traumatic Brain Injuries After Car Accidents?

One of the most severe results of a car accident is a traumatic brain injury, or TBI. Even “minor” TBIs can have serious effects on your memory, personality, ability to move, and other critical bodily functions. Damage to your brain from a TBI may require treatment to resolve.

TBIs can be severe, but how often are they a result of car accidents? This post will discuss TBIs, their symptoms, and the next steps if you’ve been diagnosed with a TBI from a car accident.

How Common Are Traumatic Brain Injuries After Car Accidents?

Traumatic brain injuries are extremely common in the United States. Information from the Centers for Disease Control and Prevention (CDC) indicates there were roughly 61,000 TBI-related deaths nationwide in the recently reported year.

Additional research from the CDC shows car accidents are among the most common causes of TBIs. The CDC’s latest Surveillance Report on TBIs shows motor-vehicle accidents were the cause of about 25 percent of all brain injuries for the data year.

Symptoms of Traumatic Brain Injuries After Car Accidents

If you’ve just been in a car accident, the Mayo Clinic lists some symptoms that may indicate you have a traumatic brain injury.

Symptoms of a mild traumatic brain injury can include:

• Headaches
• Vomiting or nausea
• Drowsiness or fatigue
• Difficulty speaking
• Dizziness or loss of balance
• Sensitivity to light or sound
• Other sensory issues (ears ringing, blurred vision, changes in your ability to smell or taste)
• Losing consciousness for a few seconds to minutes
• Insomnia
• Difficulty concentrating
• Mood swings or changes (depression, anxiety, etc.)

Symptoms of a moderate to severe traumatic brain injury can include:

• Losing consciousness for several minutes to hours
• Persistent headaches, or a headache that severely worsens
• Persistent nausea or repeated vomiting
• Seizures or convulsions
• Pupil dilation in one or both eyes
• Clear fluid draining from the ears or nose
• Inability to awaken from sleep
• Numbness or weakness in your fingers or toes
• Loss of coordination
• Profound confusion
• Slurred speech
• Feeling agitated, restless, aggressive, or other unusual behavior
• Coma

Young children who’ve suffered a traumatic brain injury may have trouble communicating that something’s wrong. Here are some TBI signs to watch for in young children after a car accident:

• Changes in eating or nursing habits
• Persistent crying
• Easily or unusually irritated
• Changes in sleeping habits
• Seizures
• Drowsiness or an inability to focus
• Loss of interest in favorite activities
• Depressed mood

Types of Car Accidents That Can Cause a TBI

Any car accident can potentially cause a traumatic brain injury. However, some types of crashes are more prone to cause head injuries than others, such as:

• Head-on collisions — A driver may slam their head on the steering wheel or steering column after a head-on crash. Passengers could hit their heads on the vehicle’s dashboard.
  
• Rear-end collisions — A rear-end collision could cause a driver to slam forward and hit their head on the dashboard, steering wheel, or steering column. A driver or passenger may also sustain a head injury when their body is jerked backward by a seatbelt, hitting their head on the headrest.
  
• Sideswipe or T-Bone accidents — Either of these types of accidents could cause a driver or passenger to slam their head into the side of their vehicle or a window, especially if the vehicle isn’t equipped with side airbags.

Talk to Our Experienced Traumatic Brain Injury Attorneys in Montgomery, AL

The Alabama traumatic brain injury lawyers at Stokes Stemle, LLC are here to help you pursue fair compensation for your losses if you’ve been in a car accident. For more information, contact our office today for a free initial consultation.

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Car accident while changing lanes

All motorists have a duty to exercise care and caution when driving, and this is particularly important when changing lanes. If a driver fails to notice other vehicles or gauge their speed adequately, they could easily cause a devastating crash.

If you have been injured because another driver failed to change lanes safely, you could be owed significant compensation for your medical bills, lost wages, repairs to your vehicle, and more. Here, we’ll discuss how lane change accidents happen and how you could seek answers and justice after a crash caused by someone else’s negligence.

Who Is at Fault in an Accident When Changing Lanes?

Drivers are responsible for obeying all of the rules of the road to protect themselves and others. If a driver failed to follow Alabama traffic laws while changing lanes, they could be held accountable for your injuries and other losses.

In some instances, however, the driver who was changing lanes might only be partially to blame. If another person was also negligent in some way, they could be liable as well. Distracted driving, aggressive driving, not having your mirrors properly adjusted, or even driving too slowly could significantly increase the risk of an accident.

Unsafe Lane Change Accident Statistics

Failing to change lanes safely is one of the main causes of car accidents in Alabama and across the United States. In one recent year, improper lane change or usage was the fourth leading cause of all fatal crashes in Alabama, causing a total of 14,276 crashes, of which 70 were fatal.

Unsafe Lane Change Laws and Violations

Alabama traffic laws outline specific rules and restrictions drivers must follow when changing lanes or merging. These include: · Drivers must stay within a single lane and may only change lanes after making sure they can do so safely. · A driver may only change lanes or make a turn if they can do so safely and must use the appropriate signal to indicate their intention to change lanes or turn. · A driver must pass another vehicle on the left at a safe distance. · When passing another vehicle, a driver may only move into another lane if there are no oncoming vehicles, and they can return to their original lane at a distance of more than 200 feet from oncoming vehicles. · Drivers being overtaken should not increase their speed to prevent another vehicle from passing.

Injuries Caused by Unsafe Lane Change Accidents

Carelessness or inattention while changing lanes can lead to severe injury accidents. Some common injuries caused by lane change accidents include:

• Traumatic brain injury (TBI)
• Back, spine, and spinal cord injuries
• Internal organ damage and bleeding
• Broken bones and fractures
• Cuts and lacerations
• Burns
• Soft tissue injuries

Some of these injuries might require emergency medical treatment, and many could result in long-term consequences, such as paralysis, scarring, disfigurement, or other disabling conditions.

How the Personal Injury Attorneys at Stokes Stemle in Montgomery, AL Can Help

Here at Stokes Stemle, LLC, we care about your physical, emotional, and financial recovery after a crash. We know what you’re going through, and we’ll be ready to stand up and fight for the fair compensation you need and deserve. Our experienced Montgomery injury lawyers will be ready to discuss the specifics of your case when you call us or reach out to us online for a free case evaluation.

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Can Passengers File an Injury Claim If They Are Involved in a Car Accident?

You’re riding in the car with an acquaintance, friend, or loved one when all of a sudden, you’re involved in a car accident. You had absolutely no control over this traumatic event, and now you’re fighting to recover from the severe injuries you sustained in the accident. You’re not only dealing with the pain and trauma from your injuries and the accident. You’ve also been forced to deal with the financial fallout from having to miss work and being billed for exorbitant medical costs associated with your accident-related medical care.

This is unfair to you, and you’re probably wondering if there is any way you can be compensated for your injuries. You might wonder, “Can a passenger in a car accident sue?” Fortunately, the law allows you to hold the at-fault party accountable for injuries you suffer because of their negligence. Here, we’ll discuss your rights as a passenger in a car accident.

Can I File a Claim If I Was a Passenger in an Alabama Car Accident?

If you were a passenger injured in a car accident caused by another motorist, you could file an injury claim with the other driver’s insurance company. If the other driver who caused the accident was uninsured, you could file a lawsuit against that driver for compensation.

If you are a passenger in a car accident in Alabama and the driver of the vehicle you were in caused the accident, the process to receive compensation may become more complicated because of Alabama’s guest passenger law. An experienced Alabama car accident lawyer can explain whether this law and any exceptions exist.

Alabama’s Guest Passenger Law Explained

The state of Alabama has what’s known as a “Guest Passenger Law.” Uncommon in most states, the law requires passengers who are involved in a car accident only to sue the driver of the vehicle they were in if certain exceptions exist. A knowledgeable Alabama car accident lawyer can review your situation and determine if any exceptions exist and whether you may be able to file a claim against the other driver.

Compensation You Can Recover if You Were Injured as a Passenger in a Car Accident

If you are eligible to pursue compensation for the injuries you sustained in the car accident, you may be compensated for:

• Your medical bills
• Your future medical treatment costs
• Your lost wages or income
• Your mental anguish, pain, and suffering

Talk to Our Experienced Car Accident Lawyers in Montgomery, AL Today

If you were injured or your loved one was killed as a passenger in a car accident in Alabama, you need an experienced car accident lawyer to help you pursue compensation for your injuries.

The Alabama laws regarding compensation in passenger accident claims can be complicated. Fortunately, the Montgomery car accident lawyers at Stokes Stemle, LLC will be ready to help you understand your rights and legal options. Call us or reach out to us online today for a free consultation to discuss your case today.

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Is Alabama a No-Fault Car Insurance State?

There are two main types of car insurance systems in the United States: no-fault systems and fault-based systems. There are key differences between them, so it’s important to understand which system your state follows and what options you may have to seek compensation after a car accident. Keep reading to learn more about Alabama’s liability insurance laws and why fault matters when you’re filing a claim.

What Is the Difference Between Fault and No-Fault States?

Roughly a dozen states have adopted no-fault insurance systems, which are designed to help lower car insurance rates by reducing the number of accident-related claims that end up in court. In a no-fault system, each party’s insurance provider is typically expected to pay for accident-related medical costs regardless of who was at fault.

No-fault systems allow accident victims to recover the money they need to pay for minor injuries quickly without having to prove the other driver was at fault. However, no-fault systems also typically prevent victims from suing negligent drivers unless the severity of their injuries meets certain thresholds. This can make it more difficult to obtain fair compensation for car accident injuries.

The majority of states have fault-based auto insurance systems. In a fault-based system, drivers who are responsible for car accidents are considered financially responsible for the damage they cause. Drivers in at-fault states are typically required to carry liability insurance. Liability insurance providers pay for the costs of any injuries or other damage caused by their policyholders.

Compensation from a third-party liability insurance claim against an at-fault driver is only available up to the limits of the at-fault driver’s insurance policy. If an accident victim in a fault-based state cannot obtain fair compensation from a liability insurance claim, they have the right to seek compensation in court by filing a personal injury lawsuit.

Is Alabama a No-Fault State?

No. Alabama is a fault-based state. This means you have the right to demand compensation in a third-party insurance claim if you are injured in a car accident caused by an at-fault driver. Depending on the circumstances, you may be entitled to reimbursement for your accident-related medical bills, vehicle repair expenses, lost wages, and pain and suffering.

What Is the Minimum Amount of Alabama Auto Insurance I Have to Carry?

All registered motorists are required to maintain mandatory minimum liability insurance coverage on their vehicles equal to:

• $25,000 for death or bodily injury to one person
• $50,000 for death or bodily injury to more than one person
• $25,000 or damage or destruction of property

This insurance covers damages stemming from accidents caused by their negligence.

What Happens If You Share Fault in a Car Accident?

If the other driver alleges you were partially at fault in a car accident, Alabama’s negligence laws could make it difficult to obtain fair compensation for your losses.

Alabama has a “pure contributory negligence” doctrine in place, which prevents you from recovering any money for your losses if you contributed to the accident in any way. If the other driver or their insurance company can show that you were even one percent responsible for an Alabama car accident, you could be legally barred from financial recovery and forced to pay out-of-pocket for your own losses.

This is why it’s so important to work with a knowledgeable car accident attorney who can protect your rights and demonstrate the other driver’s liability.

Call Our Attorneys for Help Getting the Compensation You Deserve

When you need a car accident lawyer in Alabama, look no further than Stokes Stemle, LLC. Our experienced attorneys can help you navigate Alabama’s insurance system and demand the compensation you deserve after an Alabama car crash. Get in touch with us to learn more in a free initial consultation.

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