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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Can a Car Accident Cause Scoliosis?

Did you suffer a severe back injury in a car accident? If so, the slightest movement could cause excruciating pain, leaving you unable to work or participate in everyday activities. One common type of back condition people suffer in collisions is scoliosis, which could result in long-term complications.

Contact our Alabama car accident lawyers for more information on what scoliosis is, how it can happen after a car crash, and how you may be able to recover compensation for your injuries.

What Is Scoliosis?

According to the Mayo Clinic, scoliosis is a back condition where the spine curves to the left or right side of the body instead of running straight down your back. This curve causes the spine to form a “C” or elongated “S” shape. While people with cerebral palsy or muscular dystrophy are more likely to develop scoliosis, it’s often the result of a traumatic accident or spinal injury.

Can a Car Crash Cause Scoliosis?

Car accidents frequently cause back or spinal cord injuries, including scoliosis in some cases. The force from a collision can put intense pressure on the spine, causing the spine to curve due to this pressure.

Not only can auto collisions cause traumatic scoliosis from an injury, but they can also aggravate pre-existing scoliosis. Many people are born with the condition, although the cause is not known. The impact of a car crash can worsen the pre-existing scoliosis symptoms and require advanced treatments.

Back Pain After a Car Accident and Symptoms of Scoliosis

Car accidents are one of the most frequent causes of back pain and spinal cord injuries. According to research from the National Spinal Cord Injury Statistical Center, car accidents were the cause of about 32 percent of all spinal cord injuries nationwide in one recent year. Car crashes were the most common cause of spinal cord injuries by a significant margin, as the number two and three causes of spinal cord injuries were falls at nearly 23 percent and gunshot wounds at around 15 percent.

According to the Mayo Clinic, some of the common symptoms of scoliosis after a car accident include:

• One shoulder blade sticking out more than the other
• One hip sitting higher than the other
• One side of the rib cage sticking out
• A bulge on the side of the back when bending forward
• Uneven shoulders
• Back pain

Settlements for Scoliosis from a Car Accident

A severe case of scoliosis can be debilitating. If someone else’s negligence caused your condition, an experienced car accident lawyer could help you seek compensation for:

• Medical bills
• Lost wages
• Reduced future income
• Pain and suffering
• Emotional distress
• Damaged personal property

Contact a Car Accident Lawyer to Get Compensation for Your Scoliosis

If you have developed scoliosis after a collision that was someone else’s fault, the Alabama car accident attorneys at Stokes Stemle, LLC could help you pursue compensation for your injuries. Call our office today or visit our contact page for a free consultation.

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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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