If you were injured in a car accident caused by another driver’s carelessness, you have a right to seek compensation. Insurance companies are not on your side. Their primary goal is to settle your claim quickly and for the smallest amount possible, which often fails to cover the true extent of your losses. This is why having strong legal representation is so important after a crash in Montgomery.
At Hunter | Everage, we help people who have been hurt get the financial recovery they need. We understand the local Montgomery roads, the courts, and the rules that govern accident claims in Alabama. Whether your crash happened near the Alabama State Capitol, Interstate 85, or anywhere across zip codes 36104, 36105, or 36101, our attorneys are ready to stand up for you.
We are ready to stand up to the insurance companies for you. If you have been injured in a car accident, contact our office today for a free discussion about your legal options.
Types of Car Accident Cases We Handles
We are prepared to handle a wide range of car accident claims for injured people in Montgomery. Our legal experience covers many types of collisions and injury situations:
- Traffic Violations: Another driver may be at fault for an accident because of a traffic violation, like speeding or running a stop sign. Proving a violation occurred is often key to establishing liability.
- Drunk Driving Accidents: Drunk driving is never acceptable, and victims deserve justice for the harm they suffer. We pursue maximum compensation against drivers who operate a vehicle while impaired.
- Uninsured Motorist: Accidents that involve a driver without insurance can be more challenging to resolve. We help clients claim compensation through their own uninsured motorist policy.
- Hit and Run: Being a hit-and-run victim can make pursuing damages more difficult since the at-fault driver is unknown. We work quickly to investigate the scene and seek out possible evidence to identify the driver.
- Rideshare Accidents: Claiming compensation when a collision involves Uber, Lyft, or other rideshare services can be complex. These cases often involve multiple insurance policies and layers of liability.
- Motorcycle, Bicycle, Pedestrian: Accidents involving motorcycles, bicycles, and pedestrians are often serious and require specific legal expertise. We fight for the rights of these vulnerable road users who often suffer severe harm.
- Sideswipe, Side Impact: Merging without checking the blind spot can cause a sideswipe or side-impact crash. These accidents can damage the side of a vehicle and cause significant injuries.
- T-Bone, Intersection Accidents: Intersection accidents can be especially harmful because of the direct side impacts to a vehicle (T-bone). We investigate traffic patterns and signals to establish fault in these serious collisions.
- Rear-End: Rear-end accidents can cause serious injuries, even at lower speeds. We help people recover from whiplash, back injuries, and other issues resulting from these sudden impacts.
- Rollover: A vehicle rollover may cause catastrophic injury or wrongful death. We investigate the mechanical and environmental factors that may have contributed to the crash.
We also represent clients in truck accidents and wrongful death cases.
What Are the Common Causes of Montgomery Car Accidents?
Car accidents happen for many reasons. Most accidents are the result of one or more drivers being careless or failing to follow traffic laws. Common causes of accidents we see in Montgomery include:
- Distracted Driving: Drivers who text, talk on the phone, eat, or focus on anything other than the road can cause serious accidents.
- Speeding: Driving too fast for conditions makes it harder to stop and increases the force of a collision.
- Impaired Driving: Accidents caused by drivers under the influence of alcohol or drugs often result in severe injuries.
- Reckless Driving: This includes illegal maneuvers, aggressive tailgating, and disregarding traffic signals.
What Should I Do After a Car Accident?
Following a car accident, your immediate actions are important for your safety and your legal rights. First, check yourself and anyone else involved for injuries, and call 911 right away to report the crash to the police and request medical assistance if anyone is hurt.
Next, gather as much information as you can at the scene. This means exchanging contact and insurance information with the other driver. Do not, under any circumstances, admit fault or apologize, as this can be used against you later by an insurance company. Take photos of the accident scene, including the damage to all vehicles, skid marks, road conditions, and any traffic signs. If there were witnesses, try to get their names and phone numbers.
After leaving the scene, seek medical attention as soon as possible, even if you feel fine. Some serious injuries do not show symptoms right away. Keep all records of your medical care. Finally, before speaking with the other driver’s insurance company, contact a personal injury lawyer. A lawyer can advise you on your rights and handle all communication with the insurers on your behalf.
How Is Negligence Defined in Alabama?
Negligence in Montgomery is defined as the failure to act with the care that a reasonable person would exercise in a similar situation. To win a car accident case based on negligence, the injured person (the plaintiff) must establish four key elements: Duty, Breach, Causation, and Damages.
First, the other driver (the defendant) must have owed the plaintiff a duty of care, which every driver has to operate their vehicle safely and follow traffic laws.
Second, the driver must have breached that duty by acting carelessly, such as speeding, running a red light, or texting while driving.
Third, the plaintiff must prove causation, meaning the driver’s breach of duty must be the direct and proximate cause of the accident and the resulting injuries. Finally, the plaintiff must have suffered actual damages, such as medical bills, lost wages, and pain.
Alabama follows the rule of contributory negligence. This strict law means that if the injured party is found to be even slightly at fault, even one percent, for causing the accident, they are completely barred from recovering any damages from the other party. This makes proving that the other driver was 100% at fault essential to a successful claim.
How Our Montgomery Car Accident Attorneys Can Help Your Case
We can help with your case by:
- Investigating the Accident: We gather evidence, interview witnesses, and work with accident reconstruction specialists to determine fault.
- Calculating Your Losses: We work with financial and medical experts to accurately determine the full value of your injuries and losses.
- Handling Communication: We take over all communication and negotiation with the insurance companies for you.
- Fighting in Court: If the insurance company will not agree to a fair settlement, we are prepared to take your case to trial.
Damages Recoverable in a Montgomery Car Accident Case
If you win your car accident case, you may recover money for two main types of damages:
1. Economic Damages
These damages cover losses that are easily calculated because they have a specific dollar amount attached to them. Examples include:
- Medical Expenses: This covers all costs related to treating your injuries, including emergency room visits, doctor appointments, surgeries, physical therapy, prescription medication, and the cost of future medical care.
- Lost Wages: Compensation for the income you lose because your injuries keep you from working, both in the past and in the future.
- Reduced Earning Capacity: Money to cover the difference in your potential future earnings if your injuries result in a permanent disability that prevents you from performing your previous job.
- Property Damage: The cost to repair or replace your damaged vehicle and other personal property lost in the crash.
2. Non-Economic Damages
These damages cover subjective, non-financial losses that affect your quality of life. Examples include:
- Pain and Suffering: Compensation for the physical discomfort and pain caused by your injuries.
- Mental Anguish: Payment for the emotional distress, anxiety, depression, and psychological trauma you experience as a result of the crash and your injuries.
- Loss of Enjoyment of Life: Money for the inability to participate in hobbies, activities, or normal daily functions you enjoyed before the accident.
- Disfigurement or Physical Impairment: Damages for permanent physical changes or limitations.
3. Punitive Damages
In rare situations, a court may award punitive damages. To recover punitive damages in Alabama, you must show with clear evidence that the defendant consciously or deliberately engaged in “oppression, fraud, wantonness, or malice.” Alabama law limits punitive damages in physical injury cases to three times the compensatory damages or $1.5 million, whichever is greater.
Deadline for Filing a Montgomery Car Accident Lawsuit
In Montgomery, the time limit for filing a car accident lawsuit is two years from the date of the accident. This deadline is called the statute of limitations. If you do not file your lawsuit within these two years, you will likely lose your right to recover any money for your injuries. Because investigating a case takes time, it is important to speak with a lawyer as soon as you can after a crash.
Consult With a Montgomery Car Accident Lawyer
After a car crash, you should not have to face insurance companies and complex legal issues alone. Our experienced attorneys at Hunter | Everage are prepared to review the facts of your accident and explain your legal rights.
We offer free consultations from our office at 444 S Hull St, Montgomery, AL 36104, conveniently located near downtown and major landmarks like the Alabama State Capitol. Call us today at 704-377-9157 or visit our website to schedule your consultation.
We proudly serve clients throughout Montgomery County and surrounding communities, including Prattville, Millbrook, and Tuskegee.
Montgomery Car Accident Frequently Asked Questions
How much does it cost to hire a car accident lawyer?
Our firm works on a contingency fee basis. This means you do not pay any attorney’s fees upfront. We only get paid if we recover money for you through a settlement or a verdict.
Should I speak to the other driver’s insurance company?
No. You should only speak to your own insurance company. The other driver’s insurer is not looking out for your best interests. Anything you say can be used against you to deny or reduce your claim. Direct all calls from the other insurance company to your attorney.
What if I were partly at fault for the accident?
Alabama’s contributory negligence rule is very strict. If you are found even slightly at fault, you may be blocked from recovering any damages. Our job is to investigate your case fully to fight against any claim that you were negligent.
How long will my car accident case take?
The timeline for a case varies greatly. Some cases settle quickly in a few months, while others that go to a lawsuit and trial can take a year or longer. The time frame depends on the severity of your injuries, how willing the insurance company is to negotiate fairly, and court scheduling.
