What Is Alabama’s Punitive Damages Statute?

In Alabama, punitive damages are governed by law. Alabama Code Section 6-11-20 provides that punitive damages may be awarded in wrongful death cases and tort actions when there is clear evidence that the defendant intentionally acted with “oppression, fraud, wantonness, or malice.”

What Are Punitive Damages?

Many people mistake punitive damages and pain and suffering. However, these two types of damages are distinct. Damages for pain and suffering are compensatory and intended to make the injured victim whole again – to offset the physical and emotional discomfort of their injuries. On the other hand, punitive damages are meant to put an additional penalty on the defendant for their egregious conduct. They are also designed to discourage others from the same actions.

Punitive damages are one of several different types of damages that can be awarded in personal injury claims. Here are some examples of when a court might award punitive damages:

• A driver purposefully hits a pedestrian or other driver with their vehicle
• An intoxicated driver getting behind the wheel of a car and injuring someone else
• A used car salesperson selling a vehicle they know is defective
• Police officers using excessive force motivated by malice, resulting in injuries

In wrongful death cases, Alabama only allows punitive damages to be awarded. A wrongful death claim typically arises when a person dies because of the negligence of others. Generally speaking, it must be brought by the personal representative of the deceased’s estate within two years of their death.

What Is Alabama’s Cap on Punitive Damages?

Under Alabama law, punitive damage awards cannot exceed certain limits. The cap for punitive damages in personal injury lawsuits is three times the amount of compensatory damages or $1,500,000 – whichever is greater. For most cases not involving physical injury, punitive damages cannot exceed three times the compensatory damages or $500,000 – whichever is greater. Under the statutory cap on punitive damages, “physical injuries” means actual bodily injuries and does not include the physical symptoms of mental anguish or emotional distress caused by mental suffering.

How to Calculate Punitive Damages

Punitive damages are awarded at the court’s discretion. Your attorney will calculate punitive damages allowed under Alabama law and present that number for the judge or jury’s consideration.

At Stokes Stemle, LLC, our experienced personal injury attorneys deal with a wide range of claims. From motor vehicle accidents to slips and falls and from dog bites to dangerous drugs, we have the experience to help you with your case.

We can review the circumstances to determine the range of compensable and punitive damages you could be owed. If you are entitled to punitive damages, we won’t hesitate to take your claim to court to demand the full justice you deserve. Contact us today for a free consultation with a personal injury lawyer in Alabama.

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Woman Charged After Fatal Car Accident in Montgomery

Local media reports that a woman is facing a murder charge after striking a pedestrian with her car on the southeast side of Montgomery, AL, on November 30, 2022.

How Did This Fatal Car Accident Happen?

Police say Keandia Rene O’Neal fatally hit a 57-year-old male pedestrian with her 2010 Ford Mustang at about 10 p.m. last November 30 near Park Towne Way and Troy Highway.

O’Neal admitted she had been driving recklessly. Officers took her into custody and placed her in the Montgomery County Detention Facility. The court set her bond at $1.5 million.

Fatal Car Crash Statistics in Montgomery, Alabama

The Alabama Department of Transportation reports that 10,475 traffic accidents resulted in 3,673 injuries and 31 fatalities in Montgomery County in one recent year.

Furthermore, per ADOT, a traffic accident happens every three minutes and 55 seconds. The state saw 853 fatal accidents that killed 932 people in another recent year, equivalent to one person dying in a car crash every 9 hours and 20 minutes.

Although most accidents in Alabama occur in urban areas, crashes in rural areas account for the most traffic deaths.

What to Do After a Fatal Car Wreck in Montgomery, AL

If your family member dies in a fatal car crash, the steps you take next are crucial to seeking justice on their behalf and claiming compensation for what you’ve lost.

The personal representative of a deceased adult’s estate is the only person allowed to pursue a wrongful death lawsuit in Alabama. This person is established in the deceased’s will or will be appointed by the courts if they did not have an estate plan in place. If you’re the personal representative, hire a personal injury lawyer. If someone else is the personal representative, urge them to do the same.

If you lost a child under 19 in a fatal car crash, you have six months from their death to bring a wrongful death claim. If six months pass and you don’t file, their personal representative can do so.

Your attorney can investigate the accident to determine who is at fault and who might be liable for the surviving family’s financial and emotional losses. The evidence they need will depend on the circumstances of your case but could include the following:

• Medical records establishing your loved one’s fatal injury from the collision
• Statements from eyewitnesses regarding the events leading up to the crash
• The police report with the investigating officer’s observations about what might have happened
• Traffic camera footage showing the moments before, during, and after the accident
• Photographs from the scene showing vehicle damage and road debris
• Final medical bills, funeral costs, and other documentation to prove the expenses incurred from the death

Contact the Montgomery Car Accident Lawyers if You’ve Been Injured

At Stokes Stemle, LLC, we know that no amount of money can change what happened or bring your loved one back. However, it can provide financial stability during a difficult time, as well as a crucial measure of justice.

If your family member died in a fatal car accident someone else caused, call or contact us online for a free consultation at one of our Alabama offices.

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What Is a Serious Injury in a Car Accident?

If you were injured in a car accident that was someone else’s fault, you might be entitled to seek compensation from the person responsible. However, you might feel overwhelmed in the days and weeks after a crash and unsure whether your injuries are serious enough to warrant filing a claim.

You don’t have to navigate the insurance and legal systems alone. The legal team at Stokes Stemle, LLC is here to provide examples of some serious injuries and how our attorneys can help you after a car accident.

What Is Considered a Serious Injury in a Car Accident Case?

There are no hard and fast rules about what classifies as a serious injury in an Alabama car accident case. While the devastating nature of some injuries — such as lost limbs or paralysis — is evident, even “minor” injuries can seriously impact a person’s life. For instance, symptoms of whiplash can prevent an injured person from performing their job duties. This can result in financial and psychological consequences and physical pain.

Some car accident injuries require swift and extensive medical intervention, even if they are not life-threatening. Treatment can cost thousands of dollars and extend over months or years. An individual may also be unable to work while they heal or unable to return to their previous job duties, all of which can severely impact a person’s livelihood and well-being.

An injury that results in costly medical bills, lost wages, loss of future earning capacity, lower quality of life, or physical pain and suffering could be severe enough to warrant filing a claim to seek compensation. Contact a car accident attorney to learn more about whether you have a case.

Examples of Serious Car Accident Injuries

Some serious injury examples from car accidents that we see in the cases we handle include the following:

• Severe burns, scalds, and lacerations
• Spinal cord injuries
• Head and brain injuries
• Lost limbs
• Severe fractures
• Internal bleeding or organ damage
• Loss of vision
• Permanent scarring or disfigurement

How Can Our Attorneys Help?

Filing a personal injury claim can be time-consuming and complex, especially while healing from injuries. Fortunately, you do not have to do it alone. An experienced car accident attorney at Stokes Stemle, LLC can handle every detail of your case so that you can focus on your health. We can investigate the crash, determine who is responsible, and identify all possible sources of compensation. Our legal team will work tirelessly to get you the best possible outcome.

Our lawyers can help you calculate the value of your financial and personal losses resulting from the accident and help you pursue compensation for the following:

• Medical bills
• Lost wages due to missed time at work
• Loss of future earning capacity
• Physical pain and suffering
• Loss of enjoyment of life
• Property damage

Talk to an Experienced Car Accident Attorney in Montgomery, AL Today

Hurt in a car crash in Alabama? Then contact Stokes Stemle, LLC to talk to an experienced car accident attorney in Montgomery today during a free consultation.

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Can You Sue for a Car Accident if You Are Not Hurt?

Not all car accidents cause personal injuries. But you don’t have to be hurt in a car crash to pursue action against the at-fault party. You might be able to recover compensation for property damage only. However, insurance companies try to avoid paying claims whenever possible. You might need to file a lawsuit if the insurer refuses to pay for necessary repairs and other expenses.

A no-injury car accident lawyer can review the circumstances of your case and determine the compensation you are entitled to for the property damage. Contact one right after a car accident to get started on your claim as soon as possible.

What to Do After a Car Crash Without Injuries

Successfully suing for property damage in a car accident requires substantial evidence proving what happened. You can lay the groundwork of a strong case by taking the following steps:

• Document the scene– Take photos at the accident scene. You should document the damage to your vehicle, debris in the road, and other physical evidence at the scene.
• Notify law enforcement– Call the police to report the crash. An officer can investigate and write a report. An accident report could help prove fault so you can hold the at-fault driver liable.
• Seek treatment– Getting medical help is an important precautionary measure after any car accident. Get checked out at an emergency room or by your usual physician just to make sure nothing is wrong.
• Hire a lawyer– Hire a car accident attorney after the collision for legal representation. They can pursue a case on your behalf.

Can You Sue for Property Damage in a Car Accident?

In Alabama, someone who causes an accident is responsible for its consequences. It is your right to sue the driver who hit you if they damaged your car. The money you receive might compensate for your:

• Rental car expenses
• Cost to repair your vehicle
• Lower value of your car due to the damage
• Value of replacing upgrades you made to your vehicle, such as a stereo system
• Personal property damaged in the crash

How to Prove Liability for a Property Damage Claim

Just like a personal injury lawsuit, there are a few factors you will have to prove to seek compensation for your property damage. You must have evidence of the following:

• The driver had a duty to be careful and obey laws while driving.
• The driver did not fulfill this duty and caused an accident.
• The accident caused you financial losses, such as repair costs for your car.

An experienced car accident lawyer can secure evidence to build a strong case for you. They can then negotiate with the insurance company and take your case to court if needed to demand the financial recovery you’re owed.

Call Stokes Stemle, LLC for a Free Consultation with a Car Accident Attorney

At Stokes Stemle, LLC, we know how to pursue a car accident settlement with no injuries. You can count on us to protect your rights and aggressively pursue the maximum possible compensation from the at-fault party. Contact us today for a free consultation with an experienced non-injury car accident lawyer in Montgomery.

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Alabama Man Dies in Early Morning Car Crash Near Opelika

LEE COUNTY, AL – An Auburn man died from injuries suffered in a single-vehicle car accident in Lee County, Alabama.

Authorities with the Alabama Law Enforcement Agency reported that Victor A. Buchanan, 37, was critically injured when he drove off the road and crashed into a tree. The accident occurred around 12:30 AM on October 2, 2022, on the 4800 block of Lee Road 54 — approximately four miles south of Opelika.

Buchanan was not wearing a seatbelt at the time of the accident. He was transported to the East Alabama Medical Center, where he later died from his injuries. The ALEA Highway Patrol Division is investigating the crash.

Alabama Car Accident Statistics

The Alabama Department of Transportation’s Drive Safe Alabama program has published key statistics about car accidents in the state. These stats include:

• In a recent year, a traffic accident was reported on average every three minutes and 55 seconds.
• That same year, an individual was killed in an Alabama traffic crash every nine hours and 20 minutes.
• There were also a total of 932 individuals killed across 853 fatal motor vehicle accidents.
• For each fatality in Alabama motor vehicle accidents, there were another 40 people who suffered injuries in crashes.
• In accidents where an individual had a seat belt available, 58 percent of all fatalities were not wearing a seat belt or restraint at the time of the crash.
• Of all fatal car crashes in Alabama that year, 58 percent occurred at night.
• While 75 percent of motor vehicle accidents occurred in urban areas, 62 percent of motor vehicle accident fatalities happened in rural areas.

How a Car Accident Lawyer Can Help

After you have been in a car crash, let an Alabama car accident lawyer from Stokes Stemle, LLC help you pursue claims that can provide you with financial recovery for your losses from the accident.

Our personal injury law firm will go to work on your case by:

• Quickly preserving evidence from the accident, including taking photos or videos of the accident scene itself, obtaining surveillance and dashcam footage, requesting police accident reports, and speaking to eyewitnesses
• Identifying the drivers and other parties who may be liable for your injuries and determining whether they have insurance coverage
• Documenting your ongoing and future anticipated expenses to determine how much compensation is needed to give you a full financial recovery
• Preparing and filing your insurance and legal claims and advocating on your behalf with adjusters and defense lawyers
• Aggressively negotiating for a fair and full settlement that covers your losses
• Taking your case to court when litigation gives you the best chance at obtaining the results you deserve

Contact Our Opelika Car Accident Attorneys to Represent You

If you were injured or lost a loved one in a car crash caused by someone else’s negligence, you could demand accountability and compensation from the at-fault party. Contact Stokes Stemle, LLC to speak with an experienced Alabama car crash attorney about your case for free.

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Can I File a Diminished Value Claim in Alabama?

Diminished value is the loss of a vehicle’s market value. Imagine a car is involved in an accident. Even if it was expertly repaired, most people would not pay the same price for a previously damaged vehicle that they would for a similar one with no history of significant repairs.

Alabama allows accident victims to pursue compensation for the diminished value of their vehicles. However, getting this compensation can be harder than it should be. At Stokes Stemle, LLC, we want you to understand how to file a diminished value claim and get the money you deserve.

What Is a Diminished Value Claim?

Carfax and other vehicle history companies make it easy for potential buyers to learn more about the car they are considering purchasing, including whether the vehicle was ever involved in an accident. Although dents can be removed and scratches repainted, consumers are not as willing to pay as much for a car involved in a collision.

Diminished value comes in three general forms:

• Immediate diminished value– Immediate diminished value is the difference in a vehicle’s resale value from before and after the accident, without any repairs.
• Repair-related diminished value– No repair is perfect, and any noticeable repair work hurts a vehicle’s overall value.
• Inherent diminished value –This is the most common form of diminished value because it relates to the loss in value of a vehicle because of the crash itself.

Diminished Value Laws in Alabama

Alabama recognizes diminished value as a compensable loss thanks to several Alabama Supreme Court rulings. The case of Robbins v. Voigt was one of the first to establish that a damaged car’s fair market value was different from a never-damaged vehicle. The case of King Motor Co. v Wilson also provided a legal precedent that damaged vehicles are worth less than vehicles that have never sustained damage. These cases laid the groundwork for diminished value claims in Alabama.

How to File a Diminished Value Claim in Alabama

Involved in an accident with a negligent driver? You may be able to file a diminished value claim with the at-fault driver’s insurance company. You must prove:

• Another driver caused the collision
• The damage to your car was caused by the accident
• You have a car insurance policy as required by Alabama law

It may not be easy to calculate the diminished value of your vehicle. The at-fault driver’s insurance company may try to reduce the value of your claim to save money. Working with an attorney with experience handling these claims improves your chances of getting the full compensation you deserve.

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

Recovering the diminished value of your vehicle isn’t always straightforward. You need the help that an experienced Alabama car accident attorney can provide. At Stokes Stemle, LLC, we know how to gather evidence to support your claim and fight to get you the fair diminished value compensation you are owed.

Contact our Montgomery office today for a free consultation and find out how we can help you file a diminished value claim.

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Distracted Driving Laws in Alabama

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed over 3,000 people and injured about 325,000 more in one recent year. In response to such staggering statistics, Alabama passed a distracted driving law in 2012. This law banned texting while driving except in certain circumstances. To learn more about the laws, their meaning, who they apply to, and exceptions to the rule, contact Stokes Stemle, LLC today.

Alabama Laws on Distracted Driving

Under Alabama’s law on texting and driving, a person cannot drive on a public roadway while using a wireless telecommunication device to write, send, or read a text-based communication.

A “wireless telecommunication device” includes several types of devices:

• Handheld cell phone
• Text-messaging device
• Personal digital assistant
• Laptops or tablets
• Similar wireless, portable devices

It is important to note that this does not include voice-operated texting devices, which are common in newer vehicles.

A “text-based communication” includes:

• Text message
• Instant message
• E-mail

This does not include phone numbers or names stored in a wireless cell phone. Drivers can still place and receive phone calls while driving.

Alabama’s Distracted Driving Laws for Minors

While adults can still use their wireless cell phones for other purposes, such as placing or receiving phone calls, drivers under 18 with a Stage II license cannot use a cell phone at all while driving.

Teenagers are particularly at risk of getting into an accident due to distracted driving. According to NHTSA research, teen drivers who dial a phone number are six times more likely to get in an accident. Texting teen drivers are 23 times more likely to crash.

Penalties for Texting and Driving in Alabama

The penalty for violating Alabama’s distracted driving laws includes the following fines and two demerit points on the driver’s record:

• A $25 fine for the first violation
• A $50 fine for the second violation
• A $75 fine for the third or subsequent violation

Exceptions to Alabama’s Distracted Driving Laws

There are exceptions to Alabama’s distracted driving laws, including:

• Emergencies – Drivers can still use their cell phones to obtain emergency services. For example, drivers can call the police, fire department, or a health care provider while driving.
• When pulled over – Drivers can use their cell phones when pulled over and parked on the shoulder of a roadway.
• For directions – Drivers can use their cell phones for pre-programmed directions. However, typing a destination into an app such as Google Maps or Waze is still against the law.

Talk to Our Experienced Distracted Driving Accident Attorneys in Montgomery, AL Today

Despite Alabama’s laws on distracted driving and the well-known risks of texting while driving, many Alabama drivers continue to text and drive. This causes preventable accidents every day. If a distracted driver injured you, contact the Montgomery car accident attorneys at Stokes Stemle, LLC to discuss your legal options during a free consultation.

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