Brian A. Robertson, Attorney at Law

Auto Accident FAQ's

1. What should I do if I am involved in an auto accident?
Document the entire situation making daily notes of the effects of your injuries. Also report the accident to the DMV, do not admit responsibility, and do not discuss it with anyone other than your attorney.

2. Can I get ticketed for speeding even though I am going the posted speed limit?

Alabama's "Basic Speed Law" says that you must never drive faster than is safe for the current conditions. Alabama's speed limit signs state maximum speed under good conditions only.

3. How long will it take to get money in my case?
Settlement negotiations for your personal injury generally do not begin until you have completed all necessary medical treatment. The property damage portion of your claim is frequently resolved very soon after your accident.

4. I did not go the doctor right away and now I have pain?
You should always see a doctor after an accident even if you are not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.

5. Do I need an attorney?
It is always in your best interest to consult an attorney. Remember, the insurance company on the other side will have a very experienced adjuster or lawyer negotiating for them.

6. The other driver does not have car insurance; how am I supposed to collect money from him now?
If a person is uninsured or underinsured in an accident in Alabama, their personal assets become at risk. If you have uninsured motorist or underinsured motorist coverage on your own policy, we may be able to proceed against that insurance policy.

7. Will my insurance company pay for my medical bills while I wait to go to trial?
Often times, yes, to a certain amount and then they will get reimbursed once the case is complete. We will review your medical coverage option with you.

8. How am I supposed to get back and forth while my car is in the shop?
Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered and ultimately compensable.

9. I cannot work; can I file for unemployment even though litigation is pending?
No, however, you may file for state disability benefits.

10. My car hit a pothole; who is responsible?
Improper maintenance or repair of roads and highways may be responsible for damage to your vehicle. Generally, responsibility lies with the government agency responsible for this maintenance. (For example - if it was a pothole in a city street, the city would be responsible.)

11. How much money can I expect to get in a settlement?
There are many factors considered in the amount of a settlement. In Alabama, loss of wages, pain and suffering, property loss, etc. may all be considered. Your attorney must look at the facts in your individual case to arrive at an estimated amount of reasonable settlement.

12. Should I settle ahead of trial?
A court trial in Alabama can be a lengthy proposition but the judgment in court may be much larger than in an agreed settlement. You must weigh the benefits and risks of trial in making your decision.

13. The other driver's insurance company offered me money. I haven?t even hired an attorney, but I could really use the cash. Should I take it?
No. Tell the insurance company that you will get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.

14. Can I afford an attorney?
Normally, in cases such as these, you do not pay the money up front. When we win your case, your lawyer will receive a percentage of the settlement amount as payment in full. You and your attorney will agree upon this percentage amount at the time you retain your attorney.

 

Please do not hesitate to call us right now for a FREE CONSULTATION, 1-205-222-5543.

 

Auto Accident Do's and Don'ts

 

 

Many Alabamians are involved in automobile collisions every year. Although most people are aware of the obvious steps to take immediately following an accident (assist the injured, call the police, etc.) we have found they may be too upset to think of many of the less obvious steps which also should be taken.

 

If you are involved in an automobile collision you should:

 

  • Stop immediately, but do not block traffic. Failure to stop after a collision can result in criminal penalties. Turn off your ignition to guard against fire. Stay at the scene of the accident.
     
  • Warn oncoming automobiles of any traffic hazards. At night, leave your lights on or set out traffic flares if possible. You may be liable for damages to approaching drivers unless they are properly warned.
     
  • Assist anyone who may be injured. Stop any bleeding. Provide other first aid if you can. Call for an ambulance if necessary. Do not move a seriously injured person unless absolutely necessary because movement can increase injuries.
     
  • Telephone the police and cooperate fully with the investigating officers. If you are involved in a hit-and-run collision, it is especially important that you notify the police immediately. Write down the names and badge numbers of all investigating officers. Be sure to notice whether the officer is a city police officer (and which city) or a Department of Public Safety officer.
     
  • If you believe the driver of the other vehicle may have been under the influence of drugs or alcohol, tell this to the investigating police officer.
     
  • Make written notes of the full names, addresses, home phone numbers, work phone numbers and license plate numbers of all parties involved, including any witnesses to the collision. Also note the date and time of the collision, and the make and model of all vehicles involved. Do not trust your memory. In such a stressful situation, you may not remember important facts. You should always carry a pen and paper in your car.
     
  • Measure skid marks and step off distances such as from the curb to the point of impact. If your vehicle is not blocking traffic or creating the potential for another accident, do not move it or any accident debris until you are instructed to do so by the investigating police officer.
     
  • Make a rough drawing of the scene of the collision, showing the position of all vehicles and any other details you think may be important.
     
  • Exchange automobile insurance information with the other parties. The drivers involved must show their driver's licenses to each other. Copy all information from the other driver's license.
     
  • Make notes of any statements made by the driver or occupants of the other vehicles as to how the collision occurred.
     
  • Before you allow a tow truck driver to pick up your car, be sure to ask the driver how much it will cost and tell the driver where to take your car. Get the name, address and telephone number of the driver and the towing company.
     
  • Phone your lawyer as soon as possible and follow your lawyer's advice. In Alabama, a lawsuit for damages arising from an automobile collision must be filed within two years from the date of the collision. However, the sooner your lawyer becomes involved in the matter, the better he or she can advise you and protect your rights.
     
  • Do not give statements to anyone other than the police officers without first consulting with your lawyer.
     
  • Report the collision to your insurance agent or insurance company as soon as possible.
     
  • Take photographs of any damage to your car and of any injuries to yourself.
     
  • See your doctor if there is any chance you may be injured. Serious injuries do not always cause immediate pain.
     
  • Report the collision to the Alabama Department of Public Safety. You must do so if there is an injury, death or property damage in excess of $250.00. You may obtain a report form from any police or sheriff's office or from the Alabama Department of Public Safety.
     

Even if you think you may have been at fault in the collision you should not make any statements admitting fault. You may discover later that the other driver was equally at fault, or more so. Statements you make while emotionally upset may be misunderstood or misquoted later by other parties or bystanders. Spectators at the scene of a collision may be curious. It is best to say nothing at all regarding the cause of the collision.

 

Keep calm, don't argue, don't accuse anyone and don't admit fault.

 

Please do not hesitate to call us right now for a FREE CONSULTATION, 1-205-222-5543.

208 Tucker Ln.
Springville, Alabama 35146-4958

Telephone:
www.lawyers.com/3671283
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.