Understanding Compensation Laws for Automobile Accidents in Elmore County

The law provides important rights to car accident victims in Elmore County, though deciphering your rights under Alabama law can be challenging without the right legal representation. Our Elmore County car accident attorney understands the laws regarding liability, compensation, and how long you have to file a personal injury claim in Alabama.  

Proving Liability

Most people do not intentionally cause a car accident; instead, they behave carelessly, causing a car crash to occur. A person failing to act with the same care that a reasonable person would exhibit in a similar situation is known as negligence.

Negligence can be divided into four components:

• Duty of care: All drivers have a duty to be reasonably safe and follow all traffic regulations.
• Breach of duty: This occurs when the wrongful party fails to act with the appropriate standard of care given the task at hand.
• Causation: There are two types of causation: actual and legal cause. Actual causation occurs when a driver’s actions set into motion a chain of events causing the victim’s injuries. Alternatively, legal cause mainly deals with foreseeability. Also known as proximate cause, this element is satisfied when it could be predicted that the other driver’s behavior would cause you harm.
• Damages: As a result of the victim’s injuries, the individual has suffered measurable losses.

Contributory Negligence

While an insurance adjuster will investigate your case and assign appropriate fault to each party, Alabama law prevents an individual from receiving compensation if he or she shares any responsibility in the crash. This is known as contributory negligence, barring individuals who have contributed in the tiny least to a crash from recovering damages. Considered harsh, only four states currently abide by this doctrine. Our car accident lawyers can fight wrongful accusations of blame to protect your claim.

Factors Determining Compensation

The following factors will determine the worth of your car accident case:

Who is at Fault

An insurance adjuster will conduct a thorough investigation, utilizing photographs, videos, and eyewitness testimony, to determine who caused the crash. If blame is assigned to each driver, then recovery will be barred.

The Severity and Extent of Your Injuries

The severity of your injuries will play a large part in determining a monetary award. If you have reduced mobility, are unable to work, and are expected to have a lengthy recovery process, you will be compensated accordingly. 

Extent of Vehicle Damage

While the insurance company will conduct its own investigation to determine the cost of repairing your car, you will want to get a separate quote from a qualified mechanic. An insurance company will rarely cover the cost of returning your vehicle to pre-accident condition. In many situations, you will have a better chance of recovering adequate compensation if you take your case to court.

Alabama Statute of Limitations

In the Cotton State, personal injury victims are allowed two years from the date of the incident to take legal action. This is known as a statute of limitations. Statute of limitation laws vary between states and the type of case. It is designed to preserve evidence, since physical evidence can deteriorate, and a witness’s memory can fade over time. 

Injured in a Car Accident? Contact our Elmore County Automobile Accident Attorney Today

The injuries from a car accident can be devastating. Even a fender-bender can cause long-term injuries, resulting in lost wages and steep medical bills. If you or a loved one have been injured in a crash, Attorney Terry Luck is here to help you recover the damages you deserve. To schedule your consultation, contact Luck Law, LLC, today.