Morris, Andrews, Talmadge & Driggers LLC has represented Alabama drivers in car accident claims for years, handling insurance negotiations and court filings so an injured driver does not face the process alone. Anyone injured in a motor vehicle crash in our region should take the proper steps to protect their rights and contact our Montgomery car accident lawyers before speaking with an insurance adjuster, since evidence disappears fast. Additionally, Alabama’s contributory negligence rule can eliminate a claim over even minor shared fault.
Alabama’s 2024 Crash Facts report, published by the Alabama Department of Transportation, recorded 140,118 crashes statewide, along with 967 deaths and more than 36,600 injuries. And given how strict Alabama’s fault rules are, a driver weighing the next steps should seek legal advice before signing anything or giving a recorded statement.
Our firm has represented Alabama drivers in car crash claims for years, building a highly respected track record with insurance companies and local courts across Montgomery County. Because Alabama punishes even small admissions of fault, an early case review often prevents costly mistakes. Also, our familiarity with Montgomery roads and courts tends to move a case forward faster.
Head injuries can cause a partial or total permanent disability, and they can even be fatal. According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury is a contributing factor in nearly one-third of all injury related deaths. The CDC reports that of all the 1.7 million new cases of TBI every year, the leading causes are slip and fall (35.2%), traffic collisions including car accidents, truck accidents and motorcycle accidents (17.3%), being struck by or against an object (16.5%) and assault (10%).
A head injury is not only painful, but can also be highly costly. According to statistics provided by the University of Alabama at Birmingham Traumatic Brain Injury Model System, the lifetime costs for a severe head injury can range above $3 million, approximately $941,000 for a moderate injury, and $85,000 for mild head trauma.
We recommend taking the following steps after a crash:
Taking these steps while memories are fresh helps preserve the record a claim later depends on.
“Liability” usually falls on the driver who caused the crash, although other parties can share the blame. For instance, an employer may be liable if the at-fault driver was working at the time, while a manufacturer could bear responsibility if a defective part played a role. Poor road design or upkeep by a government entity can also factor in, depending on where the crash happened.
Alabama is one of only a few states that still follows pure contributory negligence, meaning a driver found even 1% at fault can be barred from recovering anything. Therefore, a driver who was hit while making a legal turn could still lose a claim if evidence suggests they were driving 5 miles over the limit. Insurance companies use this rule often, so meticulous evidence gathering matters.
Our Montgomery car accident lawyers help clients pursue fair compensation to cover costs like medical bills, lost wages, and property damage tied directly to the crash. Pain and suffering, along with the claimant’s daily lifestyle impacts (such as needing to hire in-home aides) from the injury, can factor into a claim’s value as well. In a death, Alabama law allows a “wrongful death” claim, though it awards only “punitive” damages rather than compensating for financial loss the way most states do.
Alabama law sets a two year deadline from the crash date to file a personal injury lawsuit, under Ala. Code § 6-2-38. Missing this deadline generally ends the right to sue, no matter how strong the claim may have been. Because evidence and witness memory fade well before that date, starting the process early gives a claim its best chance.
Distracted driving, speeding, and following too closely account for a large share of Montgomery’s serious collisions, along with impaired driving on weekend nights. Certain corridors see more than their share of crashes, including the I-65 and I-85 interchange, Eastern Boulevard near its busier retail stretches, and the Vaughn Road and Taylor Road intersection. Heavy commuter traffic near these areas raises the odds of a collision during rush hour.
Does Alabama cap damages in car accident cases?
Alabama does not cap “compensatory” damages such as medical bills or lost wages in most car accident cases.
Can I still recover damages if the other driver was uninsured?
Uninsured motorist coverage on a personal policy typically allows recovery even when the at-fault driver carries no insurance.
Do I need a police report to file a claim?
A police report is not always required, though it often strengthens a claim by documenting the scene and each driver’s account objectively.
What is Alabama’s minimum required auto insurance coverage?
Alabama requires drivers to carry liability coverage of at least 25/50/25, meaning $25,000 per person and $50,000 per accident for bodily injury, along with $25,000 for property damage, according to the Alabama Department of Insurance.
Can I recover compensation for my car’s lost value after repairs?
Alabama allows a “diminished value” claim in some cases, which covers the drop in a vehicle’s resale worth even after quality repairs restore its appearance and function.
If you want to discuss your legal options after a motor vehicle collision, contact our Montgomery car accident lawyers at Morris, Andrews, Talmadge & Driggers LLC. To schedule a free case evaluation, call today at 334-702-0000 or contact us online. With office locations in Mobile and Dothan, Alabama, we gladly serve clients in the surrounding areas.
The clock may already be ticking on your case. If you have been harmed due to the reckless or careless actions of another, contact our office today online or at 844.654.6228 to schedule a FREE case evaluation with a Dothan personal injury lawyer. Our distinguished attorneys have substantial experience with a range of complex personal injury claims. We will fight diligently on your behalf to protect your rights and best interests. We handle personal injury cases on a contingency basis, which means you don’t pay unless we win.
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