Alabama Statute of Limitations

If you were injured in an Alabama car accident, you could be entitled to seek compensation for your medical bills and other expenses through a car accident claim. However, you must prove that someone else’s negligence caused your injuries to recover the money you are owed. To prove this, you must understand the laws in Alabama regarding negligence and how fault is determined after a crash.

Alabama Auto Insurance Requirements

Like most states, Alabama follows a fault system regarding auto insurance and car accidents. If someone is at fault for a car accident, injured victims can hold them responsible for their losses. 

Alabama has mandatory liability insurance laws, which require vehicle owners and drivers to carry at least:

• $25,000 per person and $50,000 per accident in bodily injury liability coverage
• $25,000 per accident in property damage liability coverage

This basic liability coverage pays for medical expenses and property damage costs for other drivers, passengers, or pedestrians involved in an accident you cause. Remember that liability coverage does not pay for your injuries or property damage.

Alabama Fault Laws and System

Another important legal concept is Alabama’s pure contributory negligence doctrine. Under this doctrine, injury victims cannot recover financial compensation in court if they contributed to the accident in any way. This means you are barred from recovery if you are even one percent at fault.

Not only does the pure contributory negligence doctrine prevent Alabama judges and juries from awarding you compensation if you are partially at fault, but it can also influence auto insurance claims. Claims adjusters make their determinations and settlement offers based on what they predict could happen in court. You should be prepared for hardball negotiations if any evidence suggests you share responsibility for a car wreck.

Limits on Recoverable Compensation in Alabama

Generally, Alabama does not limit the compensation you can recover for your losses in a car accident claim. However, there are three important exceptions to this rule:

• Punitive damages – Punitive damages are awarded in rare cases when an at-fault party acted with intentional malice or extreme recklessness. Alabama has a cap for this type of compensation of up to three times the amount of compensatory damages awarded or $1.5 million, whichever is greater.
  

• Small business claims – If you have a claim against a small business, the most you can claim is $50,000 or up to 10 percent of the company’s net worth, whichever amount is greater.
  

• Government claims – If you have a claim against a local government agency, the most you can recover is $100,000 per person and $300,000 per accident.

Alabama Statute of Limitations for Car Accident Injuries

If you want to pursue a personal injury lawsuit after an Alabama car accident, the statute of limitations gives you just two years from the date of the accident to file. If you don’t begin your lawsuit before the deadline, the court can dismiss your case. Working with a knowledgeable car accident lawyer is essential to keep your case on track.

Contact an Alabama Car Accident Attorney Today

If you have been injured due to someone else’s negligence on the road in Alabama, don’t hesitate to contact an Alabama car accident lawyer from Stokes Stemle, LLC. Our consultations are free, and we won’t charge you anything until we win your case. 

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How Does a Car Accident Affect Your Life?

Any car accident can significantly affect your health, life, and livelihood — both immediately and in the long run. Contact Stokes Stemle, LLC today to discuss how a car accident can change your life and what you can do to protect your rights if you’ve been injured.

Effects a Car Accident Can Have on Your Life

A car accident could have a wide-ranging impact on your health and finances. Some of the challenges you might face during recovery from a car accident include the following:

• Painful injuries — If you were injured in the crash, you may be suffering from the pain from your condition and medical treatment.
• Lack of transportation — You might have difficulty commuting or running errands while waiting to repair your vehicle.
• Missed time at work — If you are severely injured, you may be too hurt to return to work until you reach a certain point in your recovery.
• Financial difficulties — The more extensive the medical treatment, the more bills you’ll likely face. These expenses add to the loss of income if you cannot work and other costs from the accident.
• Damaged credit — Missing time at work may cause bills to pile up. If they go to collections, it can negatively impact your credit score.
• Trouble living independently — If your injuries are so severe that they prevent you from doing everyday things, you may need help from in-home caregivers.
• Strained relationships — Serious injuries and financial stress after a car accident can strain even the most stable relationships.
• Emotional challenges — In addition to physical injuries, many victims endure emotional difficulties such as anxiety, depression, sleep troubles, and PTSD.

Examples of Life-Changing Accidents

Any of the following types of traffic collisions can result in severe, life-changing effects:

• Head-on accidents
• Rear-end accidents
• T-bone accidents
• Sideswipe accidents
• Rollover accidents
• Single-vehicle accidents
• Multi-car pile-up accidents
• Large truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents

How to Recover from Accident Injuries

If you were injured in a Montgomery car accident, your priority should be your health. You should seek prompt medical care to have your condition diagnosed, treated, and added to your medical records — even if you don’t feel hurt.

After you’re stable, you can take the following steps to protect your rights to financial recovery for your injuries:

• Follow your doctor’s care plan and attend all follow-up appointments.
• Gather evidence from the accident scene, including photos, contact and insurance details from the other driver, and statements from eyewitnesses.
• Keep your medical bills, bank records, pay stubs, repair estimates, and other accident-related documentation as proof of your financial losses.
• Watch what you say to the other driver, the insurance company, and any other third parties after the accident.
• Avoid posting on social media while your claim is pending.
• Contact a knowledgeable car accident attorney as soon as possible.

Contact a Car Accident Lawyer in Montgomery, AL

Handling a car accident claim while coping with the results of the crash can be particularly stressful. One of the best ways to deal with the aftermath of a Montgomery car accident is to seek help from an experienced injury attorney.

At Stokes Stemle, LLC, our goal is to help you pursue the compensation you need to pay your bills, repair your vehicle, and move on with your life after an accident. Our consultations are free, so call us or contact us online to discuss your situation today with a compassionate car accident attorney.

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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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