Talking to Your Teen Driver About “The 100 Deadliest Days” This Summer

Every parent worries about their teen driver’s safety. You’ve probably spent hours reviewing safe driving and practicing with your teen. Unfortunately, your teen driver still faces risks every time they get behind the wheel.

The most important time to discuss teen driver safety is quickly approaching. Stokes Stemle, LLC is here to provide what you should review with your teen before the “100 Deadliest Days” of summer.

When Are the 100 Deadliest Days?

Teens are always at a higher risk of being involved in a fatal collision. But there is a period when that danger is much greater. According to the AAA Foundation for Traffic Safety, the 100 days from Memorial Day to Labor Day are the “deadliest days” for teen drivers. They report more than 1,050 people killed in crashes involving a teen driver during the 100 Deadliest Days one recent year, an average of 10 people per day.

8 Startling Teen Driver Accident Statistics

Teen driving statistics such as the following highlight the risks of the road for less experienced drivers:

• According to the Centers for Disease Control (CDC), motor vehicle traffic crashes are the second leading cause of death for teens in the United States.
• Almost 2,400 U.S. teens were killed in auto accidents in one recent year, meaning about 7 teens died due to motor vehicle crashes every day.
• About 258,000 more teens were treated in emergency departments for injuries suffered in auto crashes.
• In cases where seat belt use was known, almost half of all teen drivers and passengers 16–19 years of age who died in car crashes were unrestrained.
• While young drivers were only about 5 percent of all licensed drivers that year, they were nearly 8 percent of all drivers involved in fatal crashes.
• Young male drivers were more than twice as likely to be involved in a fatal crash than females.
• In Alabama, about 14 percent of traffic fatalities were in crashes involving young drivers that year, with 129 fatalities.
• Alabama teenage car wrecks are almost half of all preventable deaths for residents under 18 years old each year, citing driver inexperience.

Talking Points for Teen Driver Safety

When talking to your teen driver about the 100 Deadliest Days this summer, keep the following in mind:

• Avoid distractions — Driving requires even an experienced driver’s full attention. Stress to your teen that distractions must wait until they come to a safe stop. They should avoid cell phone use, grooming, and talking to friends while driving.
• No alcohol or drug use — Besides the fact that any alcohol and drug use is illegal for your teen driver, they should know the serious consequences of impaired driving. Come up with a plan with your teen for if they’re ever in a situation where they can’t get home safely on their own.

• Don’t drive drowsy — Driving while tired can be just as dangerous as driving drunk. Teen drivers should find a safe place to pull off and rest or get help if they start feeling drowsy while behind the wheel.

• Wear a seat belt — Seat belts save lives. Make sure your teen knows that they shouldn’t be in a vehicle without using a seat belt. They also shouldn’t drive without all passengers wearing seat belts.

• Teach by example — When you have your teen driver in the car, set an example of safe driving. Follow traffic laws, don’t give in to road rage, and use teaching moments when possible.

 

For more information on teen driver car accidents, call or contact Stokes Stemle, LLC online today.

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What Is the Average Settlement for a Motorcycle Accident?

When you have been injured in a motorcycle accident, you may wonder how much compensation you might obtain in a settlement with the at-fault driver. The value of a motorcycle crash claim can vary depending on the facts involved. But an experienced motorcycle accident attorney can review the details of your case and advise you on the potential outcome of a settlement.

If you have questions about the settlement process in a motorcycle accident case, reach out to Stokes Stemle, LLC for a free initial case evaluation. Our motorcycle accident lawyers are ready to discuss how you can protect your rights and the compensation you may be entitled to for your injuries.

How Much Is a Good Settlement for a Motorcycle Accident?

A fair and full settlement in a motorcycle accident case should provide financial compensation for all the expenses and losses that a crash victim has suffered due to their injuries, as well as for future costs and needs. A good settlement should provide money for an injured rider’s:

• Present and future medical treatment and rehabilitation
• Present and future wage losses and lost employment benefits
• Physical pain and emotional suffering
• Lost quality of life due to permanent disabilities or disfigurement
• Property repair or replacement, including for damage to the rider’s motorcycle

How Long Does It Take to Get a Motorcycle Accident Settlement?

The length of the settlement process in a motorcycle accident case will depend on several factors. These factors can include the following:

• The severity of the motorcycle rider’s injuries
• Whether the rider is still undergoing treatment during settlement negotiations
• Whether fault for the accident is being contested
• The amount of insurance coverage or other financial assets available to compensate an injured rider

The clearer the determination of fault and extent of an injured rider’s expenses and losses, the quicker a settlement can be reached. If the other driver and their insurance company do not contest fault for a motorcycle accident and the injured rider’s expenses and losses are agreed upon, a settlement can be reached in as little as a few months.

However, if the parties dispute responsibility for the accident or the amount of compensation, then settling can take much longer, especially if the case ends up being filed as a lawsuit in court.

What Is the Average Settlement for a Motorcycle Accident in Alabama?

The average settlement in a motorcycle accident claim in Alabama will vary depending on the severity of a rider’s injuries and the insurance coverage and financial resources of the at-fault party or parties. While a rider who has suffered more short-term injuries may receive a settlement valued at tens of thousands of dollars, riders who sustain catastrophic, life-altering injuries may obtain settlements that range into the hundreds of thousands or more.

Contact a Motorcycle Accident Lawyer in Montgomery, AL Today

After you have been injured in a motorcycle crash in Montgomery, AL, contact Stokes Stemle, LLC today for a free, no-obligation consultation with a motorcycle accident lawyer about your rights for recovering compensation in your case.

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Personal Injury Claims Process

Every personal injury claim is different based on the specific facts and circumstances surrounding each incident. However, at one point or another, almost every personal injury claim will progress through 7 similar steps on an insurance claim, which we have outlined below.

1. Initial Consultation

During the initial consultation, your personal injury attorney will meet with you to discuss the circumstances of your personal injury claims and address any concerns that you may have. Typically, the topics discussed will include the following:

• How the incident occurred.
• Who was involved in the incident.
• Who may be liable for causing the incident.
• What injuries were sustained as a result of the incident.
• What treatment you have received for any injuries sustained.
• What future treatment you may need to treat those injuries.

At the end of your initial consultation, your injury attorney should provide you with an assessment of your personal injury claims and advise on how best to proceed based on your specific needs.

2. Investigation

Your Montgomery personal injury lawyer should immediately initiate a complete investigation into the facts and circumstances of your personal injury claim.

Many times this investigation will consist of:

• • Visiting the scene of the accident to take pictures.
  • Obtaining any accident or incident reports regarding the event that forms the basis of your claim.
  • Identifying all possible parties at fault and setting up claims with their insurance carriers.
  • Ordering medical bills and records associated with treatment for injuries sustained in the accident.

3. Treatment

While your injury attorney is conducting an investigation and setting up insurance claims, you should be focusing on recovering from injuries sustained as a result of the accident. It is important to follow your doctor’s prescribed course of treatment to make a full recovery and reach maximum medical improvement. While you are treating it is often helpful to keep a journal of the medical providers seen, out-of-pocket expenses incurred and the dates it was necessary for you to miss work as a result of any treatment. This will help ensure your attorney accounts for all possible damages you may be entitled to and include them in your Demand.

4. Demand Package

The Demand Package tells the story of your personal injury claim including how the accident occurred, the theory of liability, and demand for settlement. The Demand Package may include the following:

• Police Report or Incident Report
• Pictures of Property Damage and Injuries
• Medical Bills and Records
• Receipts for Out-of-Pocket Expenses
• Documentation of Lost Wages

Once the Demand Package is complete, your attorney will review the demand with you to ensure it is complete. The Demand Package is then sent to the insurance carrier for the party at fault for your injuries, who review the demand and conduct an evaluation of the value of your claims.

5. Negotiations

Once the Demand Packet has been reviewed by the insurance carrier, they will normally respond with an offer for settlement. Your injury lawyer at Stokes Stemle, LLC will immediately notify you of when an offer for settlement is received and discuss with you the different options you have based on his or her knowledge and experience in dealing with thousands of other personal injury claims. However, ultimately the decision on whether to accept their offer, make a counter-demand, or file a lawsuit is up to you. It is your case, you are the boss.

6. Settlement

In the event we are able to negotiate a settlement with the insurance that completely and adequately compensates you for your personal injuries, then we will prepare a settlement agreement outlining the terms of the settlement. Prior to executing the Settlement Agreement, your attorney should prepare a Settlement Memo for your review that shows how the proceeds of the settlement will be disbursed. While most personal injury claims are able to be successfully negotiated, sometimes a lawsuit must be filed when the insurance companies fail t o appreciate the full value of the injuries you have received.

7. Litigation

In the event that negotiations with the at-fault party stall, and we are unable to come to a settlement agreement, the next step is normally to file a lawsuit and present your claim for injuries to a jury and obtain a verdict against those responsible for your injuries.

Contact Our Montgomery Personal Injury Lawyers Today for Free Consultation

If you have been injured in an accident, the attorneys at Stokes Stemle, LLC – Personal Injury Attorneys are here to help you. Your lawyer will guide you through the insurance claims and keep you update every step of the way. Call us today at 334.316.4123 to speak to a car accident attorney and set up your for, confidential consultation at one of our offices located in Auburn, Dothan, Opelika or Montgomery.

This article was initially published in December 2018, but was updated April 2022 for comprehensiveness.

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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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