If you are involved in an Alabama automobile accident and if you have health insurance (Blue Cross Blue Shield, etc) then you will face subrogation.
Subrogation is the basic concept of BCBS wanting to get its money back out of any settlement or verdict that you receive from your car wreck lawsuit or settlement demand.
Please call me if you have any questions - 205-879-2447.
Thanks
John Watts
Birmingham, Alabama
In years of representing countless personal injury victims from car wrecks, this is one of the more common questions.
Clearly there is an accident. Clearly the other driver ran into the back of you. Clearly you were hurt and went to the hospital.
You gather your medical bills and send those to the adjuster for the guy who smashed into the back of your car.
The insurance adjuster, who seems like a nice guy, promises that he is going to review all this information and look through your medical records and then make you a fair deal. Of course you do not need to talk to a lawyer because he is going to take care of you.
You then become very surprised when he tells you that despite all the treatment that you have had and the time off from work that he can only offer you $1,500.00.
What just happened?
Here’s the deal. We must always remember that insurance adjusters do not work for us and are working for the person that hit us but instead they work only for the insurance company.
No matter how nice they may seem, they are not on your side. They are not your good neighbor. They are not your friend. You are not in their good hands.
Truth be told, they are not even any of those things for the guy that hit you. He may very well want the case settled but the adjuster and insurance company are quite willing for him to face a trial and potentially get a judgment which will stay on his credit report for many years.
The only person the insurance adjuster is working for is his or her insurance company and their primary goal is profits.
There is nothing wrong with an insurance company making money but you should never be deceived about where the loyalty lies – it’s not with you but instead it’s with paying you as little as the insurance company can possibly get away with.
If you’ve been a wreck, and it was the other person’s fault, then go in with your eyes open wide that you may very well have a battle on your hands. Here’s the solution:
1. Document everything as thoroughly as possible. Every medical visit, every phone call, every email, how you were feeling every day, etc.
2. Educate yourself on your rights. Most good personal injury lawyers will have free materials for you to review to help educate yourself so that you can make the right decisions. Get those materials and study them.
3. After you have reviewed the materials, then it is probably worth your time to have a free consultation with a personal injury attorney in your area.
4. Don’t give up. Understand that there will be difficult times but be willing to press forward if you are not getting a fair settlement offer from the insurance company.
I hope this has been helpful to you and if you live in Alabama and have any questions please feel free to call us at (205) 879-2447 or through this website. You are also welcome to receive our free book: "Alabama Car Wrecks - 7 Ways To Lose Your Credibility Which Will Cause You To Lose Your Case" - just let us know if you would like this.
In years of representing countless personal injury victims from car wrecks, this is one of the more common questions.
Clearly there is an accident. Clearly the other driver ran into the back of you. Clearly you were hurt and went to the hospital.
You gather your medical bills and send those to the adjuster for the guy who smashed into the back of your car.
The insurance adjuster, who seems like a nice guy, promises that he is going to review all this information and look through your medical records and then make you a fair deal. Of course you do not need to talk to a lawyer because he is going to take care of you.
You then become very surprised when he tells you that despite all the treatment that you have had and the time off from work that he can only offer you $1,500.00.
What just happened?
Here’s the deal. We must always remember that insurance adjusters do not work for us and are working for the person that hit us but instead they work only for the insurance company.
No matter how nice they may seem, they are not on your side. They are not your good neighbor. They are not your friend. You are not in their good hands.
Truth be told, they are not even any of those things for the guy that hit you. He may very well want the case settled but the adjuster and insurance company are quite willing for him to face a trial and potentially get a judgment which will stay on his credit report for many years.
The only person the insurance adjuster is working for is his or her insurance company and their primary goal is profits.
There is nothing wrong with an insurance company making money but you should never be deceived about where the loyalty lies – it’s not with you but instead it’s with paying you as little as the insurance company can possibly get away with.
If you’ve been a wreck, and it was the other person’s fault, then go in with your eyes open wide that you may very well have a battle on your hands. Here’s the solution:
1. Document everything as thoroughly as possible. Every medical visit, every phone call, every email, how you were feeling every day, etc.
2. Educate yourself on your rights. Most good personal injury lawyers will have free materials for you to review to help educate yourself so that you can make the right decisions. Get those materials and study them.
3. After you have reviewed the materials, then it is probably worth your time to have a free consultation with a personal injury attorney in your area.
4. Don’t give up. Understand that there will be difficult times but be willing to press forward if you are not getting a fair settlement offer from the insurance company.
I hope this has been helpful to you and if you live in Alabama and have any questions please feel free to call us at (205) 879-2447 or through this website. You are also welcome to receive our free book: "Alabama Car Wrecks - 7 Ways To Lose Your Credibility Which Will Cause You To Lose Your Case" - just let us know if you would like this.
I was reading a website of a personal injury firm that is a heavy advertiser and several things struck me about the website.
First, it was solely focused on the lawyer and how wonderful the lawyers are and rarely mentioned anything about you, the person that has been injured.
The other thing that caught my eye was various inaccuracies related to the law. For example, in the Frequently Asked Questions (FAQ), the question was posed to the effect of “If I am partially at fault, can I still recover damages for my personal injury case?
The answer started off “Under Alabama’s comparative negligence rules …” Unfortunately, Alabama does not have comparative negligence. Instead Alabama has contributory negligence which means if you were even 1 percent at fault, this will completely bar your recovery if you have sued under negligence.
Note - if you have sued under wantonness or recklessness then contributory negligence is not a bar.
I mentioned this to say for several persons. One is to be very careful about what you read and just because it is online and by a lawyer does not mean that it is accurate. The second reason is to provide a little bit of additional education on our rather strange law concerning contributory negligence which is one of only about three states in the nation that have the rule of contributory negligence barring your recovery. In every other state there is some variation of a formula used that, in essence, takes the degree of fault on your part and reduces the jury verdict by that percentage.
I hope this post has been helpful to you. You are welcome to have our free book - "Alabama Car Wrecks - 7 Ways To Lose Your Credibility Which Will Cause You To Lose Your Case" - just let us know if you would like this... Simply pick up the phone and call me at (205) 879 2447 or send me a message through our website here.
In virtually every Alabama automobile accident case, the defendant will raise the defense of "contributory negligence" which simply means the defendant is claiming that you are guilty of negligence that contributed even 1% to the wreck. If that is true, then the normal outcome is you will lose your case.
In this video we discuss an overview of this law and in future videos we will explore it in more detail.
If you have any questions, please call me at 205-879-2447.
Best wishes
John Watts
Birmingham, Alabama
In this video we discuss an overview of the law that applies to auto accidents - and that is "negligence".
Negligence is when the defendant that hit your car or truck did not act reasonably under the circumstances.
If you have any questions, please feel free to contact us at 205-879-2447 or through the sign up form on this blog.
The Georgia Injury Law Blog has posted an article on the National Highway Traffic Safety Administration's new proposition for stronger side airbags in vehicles. Last year the NHTSA announced that auto makers would be required to comply with "stronger roof strength standards" to prevent injuries and fatalities in rollover crashes.
The agency is now saying that stronger side airbags can prevent passengers from being ejected from a vehicle window during a rollover accident, even if they're not wearing a seatbelt. In 2002, 10,600 people died in rollover crashes and the number has declined every year especially since " more cars now come equipped with Electronic Stability Control systems that prevent rollovers."
According to its data, every year 6,400 people die when they are ejected from the side window during a rollover. It’s these lives the agency wants to save with its new standards. Currently, many vehicles come with side airbags, but these don’t comply with the NHTSA’s proposed stronger new standards.
The Tennnessee Injury Lawyer Blog has posted an article that discusses another dangerous aspect of driving under the influence.
If convicted of a DUI, the jury may also require that the offending driver pay punitive damages, on top of the criminal charges associated with a DUI. The driver may be held responsible for damages to the other vehicle and/or other property, medical bills and lost wages of the other driver and any other expenses because of the accident.
Driving under the influence is one of the most commonly committed criminal offenses. Often, no one is seriously injured as a result of such conduct but driving under the influence has also been responsible for a multitude of deaths and serious injuries. If such injury occurs, the driver can be held responsible for the injury both by the imposition of criminal charges and the awarding of a large amount of damages against the driver.
The Tennessee Injury Lawyer Blog has posted an article that serves as an excellent reminder to use caution when operating your in-car navigation systems. While they can be very helpful, navigation systems can also be a huge distraction and often cause accidents (and lawsuits) when drivers are tinkering with them and not paying attention to the road.
The companies that make navigation systems are well aware of the dangers that interacting with them while driving can pose, and most navigation systems have a disclaimer that makes the user agree that they will not be actively interacting with the system while in motion. One obvious danger posed by such systems is that drivers who are using a hand to adjust something on the system do not have two hands with which to control the automobile if necessary.
Another danger is that some drivers choose to rely on their navigation system rather than common sense. They often assume the navigation system will warn them of every detail of the road.
However, possibly the greatest risk of navigation systems is that if you're looking at it, you're not looking at the road. This is good for everyone to remember, especially during the holiday season when so many people are on the road.
The Maryland Injury Lawyer Blog has posted an article about "jarring" statistics linking cell phone use to automobile accidents. Using data supplied by a Washington Post article, the blog post says that 342,000 accidents are caused annually by people being distracted by cell phones while driving. This also results in 2,600 fatalities and...
$43 billion each year in property damage, lost wages, medical bills and fatalities.
The Washington Post cited these statistics:
Cellphone users are up to four times more likely to be in a traffic accident, and the Harvard Center for Risk Analysis estimated in 2003 that their use was a factor in 6 percent of accidents. That translated to 636,000 crashes resulting in 12,000 serious injuries and 2,600 deaths.Truck drivers are at far greater risk when they reach for their phones, according to a recent study by the Virginia Tech Transportation Institute. They are at almost six times greater risk when dialing and 23 times greater when texting.
In 2003 there were roughly 240,000 accidents and 940 fatalities from cell phone use while driving. This is clearly a problem on the rise.
The Alabama Injury Lawyer Blog has posted an article that discusses exactly who is at fault in causing an auto accident.
The article says that the owner of the vehicle, not just the driver, should be held responsible for an accident. Vehicle owners shouldn't lend their vehicle out to incompetent drivers, which come in many different forms, such as inexperienced, distracted or intoxicated drivers. People with bad driving records are also included.
If you or I lend our vehicle to another person, we are each subject to liability for compensatory and punitive damages if that driver causes a crash that results in personal injury to another. The key here is competency.So what do you have to look for? The factors that contribute to a cause of action for negligent and/or wanton entrustment of a vehicle are the following:(1) The entrustment of a vehicle; (2) to an incompetent driver; (3) with the knowledge that the person is incompetent to operate a motor vehicle; (4) proximate cause; and finally (5) damages caused by that person in the operation of the vehicle.
The main issue for the owner vehicle when it comes to liability for the accident would be if they knowingly loaned their vehicle to an incompetent driver. If that's the case, then personal injury attorneys will try to prove the owner is just as guilty as the driver.
Yahoo News has posted an article about a study conducted by the Insurance Institute of Highway Safety (IIHS). The study tested
six midsized sedans and found none of their bumpers held up well in the kinds of low-speed impacts bumpers are supposed to sustain.
The Chevrolet Malibu, Ford Fusion, Honda Accord, Hyundai Sonata, Mazda 6, and Nissan Maxima all received ratings less than 'good' on the scale of good, marginal, acceptable and poor. The bumpers on the Mazda 6 was the only one out of the bunch to be rated 'acceptable.'
The Hyundai Sonata and Honda Accord rated 'marginal' and the remaining three cars were rated 'poor.'
In the tests, the cars’ bumpers are rammed straight into a solid barrier at 6 mph in the front and rear. One front and one rear corner are also subjected to 3 mph impacts. Current federal standards call for 2.5 mph for the front and rear barrier portion of their tests, and 1.5 mph for the corner impacts. Repair estimates for the four impacts are totaled and averaged according to how prevalent each type of accident is in the real world. The evaluation includes a weighting that reflects real-world accident patterns. Weighted average repairs of less than $500 merit a Good rating, under $1,000 is Acceptable, and less than $1,500 is marginal. Any estimate over $1,500 is considered Poor.
Bumper tests are mainly done because of insurance rates, not necessarily for crash safety research. Many fender-benders only result in a slight amount of damage that could have been prevented if a better bumper were on the car to begin with.
The LaBovick Injury Law Blog has posted an article highlighting the need for drivers to be extra cautious when sharing the road with bicyclists, particularly in the summer months.
In an effort to promote roadway safety for Bicyclists we are sharing important stats involving bicycle accidents: There are 73 to 85 million bicycle riders in the US, including 45 million over age 6 who rode more than six times in 2008. 700 bicyclists died on US roads in 2007. Over 90 percent died in crashes with motor vehicles. The "typical" bicyclist killed on our roads is a sober male over 16 not wearing a helmet riding on a major road between intersections in an urban area on a summer evening when hit by a car. About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized. 43,000 cyclists were reported injured in traffic crashes in 2007. There were 1 in 8 of the cyclists with reported injuries had a brain injury. Two-thirds of the deaths here are from traumatic brain injury. A very high percentage of cyclists' brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent..
The National Highway Traffic Safety Administration (NHTSA) issued the following Bicycle Stats in November, 2008There were 698 Bicyclist deaths in 2007: (Down from 773 in 2006).
There were 43,000 Bicyclist injuries in traffic in 2007: (Down from 44,000 in 2006).
The average age of a bicyclist killed on the highways was Age 40.
The average age of a bicyclist injured on the highways was age 30.
The number of Bicyclists killed that were 15 years old and under was 107.
The number of Bicyclists injured that were 15 years old and under was 12,000.
The number of Bicyclists killed that were 16 to 34 years old was 163.
The number of Bicyclists injured that were 16 to 34 years old was 16,000.
The number of Bicyclists killed that were 35 to 54 years old was 262.
The number of Bicyclists injured that were 35 to 54 years old was 10,000.
The number of Bicyclists killed that were 55 years and older was 262.
The number of Bicyclists killed that were 55 years and older was 4,000.
The article has also listed tips for bicylcists as well:
7 Tips and Rules for the Road for Bicyclists
Protect Your Head. Wear a Helmet. Assure Bicycle Readiness. Use proper size and function of bicycle. Ride Wisely. Learn and Follow the Rules of the Road. Be Predictable. Act Like a Driver of a Vehicle. Be Visible. See and Be Seen at All Times. “Drive” with Care. Share the Road. Stay Focused. Stay Alert.
Many car wreck cases can be settled without having to file a lawsuit. Insurance companies have whole divisions of workers set up to process and resolve car wreck claims. Though you are trying to get as much money as you can for your claim, and they are trying to pay you as little as they can, you both typically have the same goal, resolving your claim without a lawsuit. For both sides, lawsuits bring added expense, added time and added uncertainty.
An insurance company looks at three main things in deciding whether to settle a claim. First, was their insured at fault? Even if they decide the first one in your favor, they will then look at the second issue - are the injuries you are claiming related to or caused by their insured? And finally, what is the value of those injuries? Obviously, someone with mild back pain has a claim that is worth much less to them than someone who has suffered a broken leg or who has had to have back surgery as a result of the wreck.
If you or your lawyer are not able to get the claim resolved, then a lawsuit will have to be filed. Once this happens, a typical case in Alabama state courts is not set for trial, until at least 9 months to a year after being filed. Oftentimes, most cases will not be tried at the first setting, either due to other cases being set before them, or difficulty for both sides in having the case ready for a jury trial.
Filing the lawsuit.
In order to initiate a lawsuit, a “complaint” must be filed by the plaintiff. This filing sets forth the basic facts of what happened, identifies the court you are suing the defendant in, sets forth the legal theories of why the defendant is liable to you, sets forth your damages (how the defendant hurt you) and asks the court for relief, in other words, what you want a judge or jury to do to help you.
Defendants have thirty days in state court and twenty days in federal court to answer the allegation. They will typically ask for and be given an extension. Shortly after all of the defendants answer, the judge will enter a scheduling order setting out deadlines for the parties meet in preparing their case for trial and setting the trial.
Discovery
Discovery is the part of litigation where the lawyer and parties set about finding out what the other side’s position and evidence in support or in defense of the lawsuit will be at trial. Discovery is made basically of both sides asking each other questions about what happened and what they expect to tell the jury. These questions can be written (Interrogatories, which each side will have to answer in writing), oral (Depositions, where each party or witness is asked questions in front of a court reporter who records everything that is said during the deposition) and Requests for Documents, which are requests that require the other side to produce documents supporting their position at trial.
Dispositive Motions
At the end of discovery, a party may file a motion with the court, asking the judge to decide certain issues. In these motions, the parties can ask the court to decide certain legal or factual issues, which they believe are not in dispute. They may even ask the court to dismiss the case or throw it out of court for lack of evidence.
Trial
While most everyone knows what trials are, few people other than lawyers have a good understanding of what goes on at a trial. Few trials have what lawyers call, “the Perry Mason” moment, where one side breaks down crying on the stand and admits it was all their fault.
Each side presents their evidence and testimony before a judge and jury. This can take several days or several weeks for long complicated trials. The judge manages the trial and makes legal ruling on the evidence and law. At the end, the jury considers the evidence and rules in favor of either the plaintiff or the defendant in the form of a judgment.
Post Trial
If either side is not happy with the trial, they have the right, within the time limits set out by court rules, the ask the judge to vacate the judgment or to appeal the judgment. The appeals are also costly and can be very time consuming. Many appeals can take from six months to a year before the appellate court rules and the case is resolved.
Conclusion
We hope this little summary has been helpful to you. If you have any questions or want more information feel free to call us at 205-879-2447 or fill out the contact sheet on this blog to the left of this post.
The Utah Personal Injury Law Firm Blog has posted an article that gives a good idea of what to expect when dealing with insurance companies if you are involved in a car accident.
If an accident is caused by an uninsured (or underinsured) driver and you should file the claim with your insurance company. If that is included in your policy then insurance should pay for all repairs and damages. Everyone should have as much uninsured/underinsured coverage as possible as such a high percentage of drivers in Alabama don't carry insurance or don't carry enough. Talk to your agent about how cheap it is to have as much um/uim coverage as possible.
If your vehicle is decided to be a "total loss," meaning it would cost more to repair than get a new one, insurance should figure out the value of your car prior to the accident and reimburse you accordingly to buy a new car.
They determine the value of the car by finding comparable vehicles as close to your residence as possible. You do not have to accept their first offer and should be prepared to make a counter-demand by finding your own comparable vehicles.
After an accident your insurance premiums may rise. This is normal, especially if you are responsible for causing the accident. Some insurance companies raise rates if you are involved in more than one accident, even if you're not at fault.
As we always say, if you are injured make sure and seek appropriate medical treatment as soon as possible. If you have any questions call us at 205-879-2447 or send us a message through our blog by filling out the contact sheet on the left side of the screen.
The Alabama Injury Lawyer Blog has posted an article about a May 14 school bus crash that happened in Montgomery, AL.
One school bus rear ended another school bus and created a chain reaction that ultimately involved two other vehicles and the buses. Injuries appear to have been minor, considering 15 students were on each bus.
According to police, three individuals were taken to local hospitals with minor injuries. Two Montgomery County Public School students and a third person from one of the passenger vehicles were transported by ambulance. The personal injuries included one student’s hand, while a second student suffered from injuries to the neck and shoulders. There was no immediate information on the third victim.
A police investigation is underway to determine the exact cause of the crash.
The Tennessee Injury Lawyer Blog has posted an article with suggestions on how to go about proving a negligent auto repair is to blame for an accident.
The majority of accidents are due to driver error but some are caused by faulty repairs. If the mechanic's failure caused the accident, they can be held liable for sustained injuries.
In an action for negligent repair, the plaintiff must plead and prove 1) the mechanic had a duty to the plaintiff to exercise ordinary and reasonable care, 2) the mechanic was negligent in making the repairs, and 3) the negligence caused the injuries to the plaintiff.
The plaintiff must show that the mechanic didn't meet the standard for the thorough repair of their automobile. The type of repair is also important. For instance, the mechanic should always be more careful when working on something like "brakes or wheel work."
The plaintiff has to prove that the bad repair was either the cause of, or was a large contributor, to the wreck.
It is not necessary, however, for the plaintiff to prove that the defendant's negligence was the sole cause of the injury or loss.
The Alabama Injury Lawyer Blog has posted an article about a new proposistion that would restrict teenage drivers.
The Alabama House of Representatives has voted on a curfew bill that says drivers ages 16-17 must be off the road by 10pm on weeknights and 11pm on weekends.
The purpose of this is to make the roads safer.
According to the sponsor of the bill, Mac Gipson of Prattville, teen drivers make up fifteen percent of all highways deaths but only six percent of drivers are teens. Thus, teen drivers account for a disproportionate amount of fatal accidents on Alabama highways.
The Chicago Personal Injury Blog has posted an article about a car crash that resulted in a lawsuit and then a settlement of $2.5 million.
According to Robert Kreisman, author of the article, in November 2006, three minors were drinking beer at one of their homes and the minor's parents were present. The parents then allowed two of the minors to drive themselves home. The car crashed into a utility box and injured both of them...of the passengers is now paralyzed from the chest down.
The parents that were present and allowed the drinking to take place were sued with the claim that their lack of involvement in stopping the drinking and driving is negligence.
The lawsuit was brought under the 2004 Illinois Drug or Alcohol Impaired Minor Responsibility Act, which allows for civil penalties against adults who serve alcohol to minors and then injure someone else.
While we can certainly question the judgment of minors drinking, the law does impose strict penalties and standards on adults who serve alcohol to minors or to those who are intoxicated. Hopefully these kinds of settlements or verdicts will stress the danger of alcohol and minors and save innocent lives as most often those who are drunk injure and kill others, not just themselves.
The Maryland Injury Attorney Blog posted about the dangers of teenagers' driving. This post (written by Jeff Butschky) links back to an article from WBLTV.com, a Baltimore TV station.
The article is based off a study done by AAA, which cites10 years of crash statistics.The study shows that one-third of car wreck fatalities involving drivers ages 15-17 are the drivers. "That means nearly two-thirds of the victims are passengers, occupants of other vehicles, pedestrians, cyclists and other road users."
However, "AAA's analysis of National Highway Traffic Safety Administration data showed a drop in both teen driver deaths and a larger drop in deaths of others during the past decade." This shows that steps and programs to educate teens are effective.
AAA believes that a graduated license system will greatly assist in teen road safety...a 38% drop in teen 16 year old driver fatalities has been noted in states with a graduated license program.
The Utah Personal Injury Law Firm Blog posted an article about the dangers of drowsy driving. Kenneth L. Christensen, who posted this blog, says that "nearly 51% of drivers in America, roughly 100 million people, admitted to feeling drowsy while behind the wheel, according to a poll conducted by the National Sleep Foundation. The same poll found that an astonishing 2 out of 10 of those drivers have actually fallen asleep while driving!"
While people are likely to not drive after having a few drinks, few take into consideration that driving when drowsy can be equally as dangerous. The post also says that men are twice as likely to fall asleep behind the wheel as opposed to women, and drivers ages 18-29 are the most likely to drive when "drowsy or fatigued."
Thanks to this article for reminding us that drinking and driving isn't the only dangerous activity that can be done behind the wheel!
The Chicago Personal Injury Lawyer Blog posted an article involving the minimum vehicle standards that auto makers are made to comply to. The article , by Robert Kreisman,attributes relaxed vehicle standards to the increase of fatalities in rollover auto accidents.
The same standard was in use from 1973 to 2005 and required that the roof of a car had to withstand 1.5 times its own weight, or 5000 pounds, whichever is less. Either way, the roof was so weak that a person inside the vehicle in a rollover crash would have been severely injured or killed.
A proposition was raised in 2005 that the standard be raised from 1.5 times the vehicle’s weight to 2.5 times. The limit on the amount of roof crush was also eliminated from the previous 5 inches. The complete new standard was expected to be completed by Fall 2008, but the NHTSA filed for an extension until December 15, 2008. No rule has been adopted, as of yet. We will keep you posted on any further developments on this important issue.
We recommend you look at the Alabama Injury Attorney Blog - good information for Alabama residents. There is a fascinating post about seat belts and air bags - they reduce spinal injuries in car wrecks. Not a surprise but interesting to see the Journal of Neurosurgery report this.
Bottom line - we need to wear our seat-belts. Most of our cars have airbags but we still get to make the choice every time - no matter how short the trip - to wear our seat-belts. No one wants to be in a car wreck but if we are we will be thankful to have taken all the action we can to protect ourselves.
Our friends at Miller and Zois, LLC (Maryland Injury Attorneys) have posted a wonderful resource - a trial transcript of a car wreck case.
If you are curious about what a real trial looks like, check this out. Normally the issue of damages is left for the jury but in this particular case the issue was simply who was at fault. It makes for a nice, tightly focused transcript.
Many thanks to Ronald Miller for putting this out for all of us to read.
Alabama Governor Bob Riley said last month in a statement that early numbers showed about a 17 percent decrease in fatal crashes across Alabama over the same period. Riley said 2008 became the safest year to travel in more than two decades with 633 people killed during traffic crashes investigated by state troopers. There were 766 people killed in 2007 on Alabama highways investigated by state troopers.
According to a statement from the National Highway Transportation Safety Administration, early estimates showed fatalities across the country to have dropped by about 10 percent in 2008. Those estimates showed 31,110 people died on the nation’s roads from January to October 2008, compared to 34,502 in 2007, during that same 10-month time period.
There are several reasons given for this - higher gas prices and a crackdown on speeding and not wearing seat belts.
Its obvious but when we don't speed and when we wear our seat belts, fewer fatalities happen.
Let's all put into practice what we know and drive safer while wearing our seat-belts.
(Thanks to the Alabama Injury Attorney Blog for alerting us to this interesting article).
When we first started practicing law in the 90s we could not force the defendants to reveal the limits of their insurance policy in state court but this changed a number of years ago. This has helped in settlement negotiations as it helps when we have the same knowledge as the defendant as to this critical issue - how much insurance is out there.
If the defendant has a small amount of insurance, then we can tell our clients this and decide if settling is the right option even if the amount is lower than any of us would like.
If the defendant has a high amount of insurance (for example in one trucking case the primary insurance was 1 million and the excess was 25 million) then everyone understands that a large verdict could be paid from the policy.
It is odd but some defendants in state court still fight us on producing this information despite the rules expressly requiring the defendants to produce this. In federal court in one of our consumer cases the defendant refused to produce the policy because the defendant decided not to file a claim with the insurance company. The federal judge quickly ordered it to be produced as the federal rule is clear that insurance is discoverable.
Remember if you are in a wreck normally the insurance company will NOT tell you what the insurance limits are of the person who caused the wreck. But if you file suit you can discover this information and it is very helpful to know.
We'll write more about the discovery process in the near future.
Thanks to the excellent blog "Day on Torts" by John. A. Day for reminding us to discuss this concept - Tennessee just ruled that insurance limits in Tennessee are not discoverable.
It is typical in a car wreck or truck crash case for both sides to send each other interrogatories in the discovery process. This process is where both sides gain information and documents to help each side understand the facts and positions of each party in the case.
Interrogatories are commonly used. These are written questions that the other party must answer in writing under oath. They can range from the simple ("State your name, address, date of birth") to the more complicated ("State everything you did as soon as you realized you were losing control of your truck on Interstate 20 in Birmingham").
The idea of interrogatories is that it allows each party, in an inexpensive way, to question the other party. On purpose of questioning the other party is to find out facts - such as "Did you consume any alcoholic beverages in the 24 hours before the wreck". Another purpose is to find out the position of the other party - such as "Do you contend that the actions of any other driver contributed to the wreck".
When we can find out the answers to these types of questions in written interrogatories it may allow us to not have to take depositions of certain people or to shorten the depositions we do take.
It is very important that we answer interrogatories in a timely manner (30 days) and we provide full responses to the questions asked. These are questions under oath and they can be used against the answering party in the trial of the case and in pre-trial motions for summary judgment. Sometimes people answer these questions in a careless manner but we have seen poorly answered interrogatories greatly impact the way a trial proceeds. If they are answered in one way and then in deposition the party answers the same type of question in a different way, this can impact credibility. So, take these very seriously as they are important to your car wreck or truck wreck case.
Please let us know if you have any questions about interrogatories and we hope that as you are reading this you have a wonderful day....
Contributory negligence is a favorite defense of nearly every defense lawyer who represents a car wreck defendant or a trucking defendant. It is a defense which if successful means that your case is over against that particular defendant. Only a couple of states have contributory negligence, and you guessed it, Alabama is one of them....
The basic idea is if you are even 1% at fault and the defendant is 99% at fault, you lose. You recover nothing. In most states there is a reduction of the award by the percentage you are at fault (and maybe at 50% there is no recovery) but in Alabama it is all or nothing.
This means that at the outset of the case and all through the case we must carefully consider all angles that the defendant will argue that you were even slightly at fault. This is yet another reason why it is so important to tell us (or whoever you hire to handle your car wreck or truck wreck case) all the facts and details so we can present your claim in the best possible manner.
While we are not fans of this law, it is the law so we deal with it the best way we can. There are strategies to use this law to our advantage in trying the case but those are beyond the scope of this introductory overview on contributory negligence.
Please contact us through this blog if you have any questions or comments.
I ran across this blog post from our friend Ronald Miller, Jr. of the Baltimore Injury Lawyer Blog and thought it would be of interest for our Alabama readers who have been in minor impact car wreck cases. While Ronald refers to GEICO, we most often see it here with Allstate. But whichever company is doing this here is the explanation:
It’s an acronym used by insurance companies to describe certain kinds of auto accident injury claims. It stands for Minor Impact, Soft Tissue. Some insurance companies have a policy of denying these type of claims, notably GEICO. What the Baltimore injury lawyer gets in response to a demand package is a letter from a claims adjuster that says “we are unable to understand the nature of the injuries claimed in light of the minor damage to the vehicles involved.” This is true even though liability may be unquestioned, like in a rear-end collision.
The philosophy behind this policy is that the insurance companies can make it very expensive and time consuming (relatively speaking) for plaintiffs and their lawyers to get these cases to trial as the insurance companies will offer maybe $1,000 or $2,000 dollars. Even if the medical bills are say $5,000.
But as Ronald points out these cases can be won and so you should not be discouraged if you have suffered real injuries from a minor impact. Just be aware that a legitimate settlement will probably NOT be coming and you will need to try your case.
We have always had a problem in Jefferson County (and other counties in Alabama) with uninsured drivers sharing the roads with us. This is a serious problem because these drivers can hurt us due to their negligence but they have no insurance to compensate us for our injuries. Now, with the economic problems, more and more drivers are dropping their insurance or they are letting their insurance lapse as there are fewer dollars to spend and some view car insurance as a luxury.
The Wall Street Journal has an article on the rise in uninsured drivers. Here is a brief excerpt of what is typical in cases we see with uninsured motorists in Alabama:
Debbie Kuban, 47 years old, of Stratford, Conn., is glad she had uninsured motorist coverage, which is mandatory in her state, when a car she was riding in was hit by an uninsured driver the day after Thanksgiving. The driver of a pickup truck tore out of a shopping center parking lot in nearby Milford and slammed into the Audi A6 station wagon her husband was driving.Ms. Kuban, an operating-room nurse, suffered a gash in her head that required stitches and had two broken bones in her foot. She was taken to the hospital by ambulance. Her husband wasn't severely injured. Since then, Ms. Kuban has been recuperating at home. Because the at-fault driver had no insurance, Ms. Kuban has relied on her $300,000 uninsured-motorist policy for claims reimbursement. She says the other driver was charged with a misdemeanor for driving without insurance on a private road.
When Alabama consumers are involved in car wrecks, one question that comes to mind is "Should I handle my case on my own or should I consult with a lawyer?" While there is no one right answer, but considering any good personal injury lawyer in Alabama will meet with you for a free consultation, you should at least talk to a lawyer. Now, whether to hire a lawyer has to be decided on a case by case basis.
Gerry Oginski has an excellent video regarding this question in New York car wreck cases. It is helpful for Alabama auto accident victims also and we recommend you take a look at it below.
If you would like to meet with us for a free consultation to understand your rights and options, feel free to call us at 205-879-2447.
Here is the video in its entirety:
We have admired the work of Gerry Oginski for some time and we wanted to hilight his recent video about the dangers of accepting a quick settlement offer from the other driver's car insurance company. While Gerry practices in New York the thoughts he shares in this video are helpful for Alabama victims of car wrecks.
If you have any questions about a recent car wreck that you have been involved in, please feel free to call us at 205-879-2447. Here is the video so you can view it directly here:
We are bombarded daily with images and statistics about the economy going south. We all feel it in our daily lives. This means more and more people are going to be filing for Bankruptcy protection. Including, sometimes, the defendant who you have sued in a car wreck case. What happens?
Often our clients think this is the end. The case is over. That is not normally the case. John Bratt has an excellent blog post about a recent experience he had in Maryland which is basically the same experience that occurs in Alabama, particularly in the Bankruptcy court in Birmingham (Jefferson County).
So if your defendant in a car wreck case files bankruptcy remember its not the end of the world - hopefully it is just a minor delay.
Ronald Miller, Jr. has an excellent post on his blog about the recent Eleventh Circuit case about people going through bankruptcy who do not list all assets, including potential lawsuits. Read the post and the case itself as these are good reminders of how careful we have to be when dealing with clients who are in bankruptcy.
Traditionally summary judgment has been used against plaintiffs in Alabama car wreck cases (and other types of personal injury cases) by defendants. Defendants have used this device to narrow the issues and to remove from the jury's consideration theories such as wantoness that might support punitive damages. There have been times when it would be appropriate for the plaintiff to use the summary judgment approach against the defendant but traditionally we did not want to do that - we thought it was better to talk about liability rather than just have a trial on damages. This would occur in a typical rear-ender case.
Experience in the last couple of years has taught us, however, that it is best to win whatever can be won before standing in front of the jury. We have had situations where a juror may decide rear ending someone is not negligence and that affects the ultimate award the jury returns.
Our approach now is to use this device against defendants. An excellent discussion of this approach is found in the Baltimore Injury Law Blog's recent post on "Offensive Summary Judgment In Injury Cases" by John Bratt.
One thing that is often surprising to our clients when they have been injured in a car wreck or truck wreck is that the health insurance company (BlueCross BlueShield, United, etc.) which has paid for medical treatment often has the right to recover the amount of money that it spent on medical treatment. This right is called a "subrogation" right, which means that the health insurance company can “stand in the shoes” of the injured person and recover its money from the wrongdoer.
When a health insurance company pays medical bills, it normally does not pay dollar-for-dollar but instead pays a percentage. It is that lesser percentage (for example $200.00 on a $1000.00 bill) that must be reimbursed. Normally, the health insurance company will negotiate with the injured person and will reduce the amount that it claims as subrogation by the amount of the attorney’s fee being paid by the injured person to his or her attorney. This makes sense as the injured person has hired an attorney to create a “pool” of money from which the health insurance company is reaching into and drawing from. So the health insurance company should have to pay its share of the attorney’s fee to create that. This has the effect of lowering the amount that the injured person must pay back to the health insurance company.
The law changed a number of years ago so that the Jury can now hear that the injured person has health insurance and how much the health insurance company actually paid. We will address this in a separate blog post, but we did want to alert you to this fact and to be watching for this blog post from us.
If you have been injured in a car wreck or truck wreck and would like to talk to us, we are always happy to schedule a free consultation with you.
“Adding insult to injury” – that is what it is like to be crashed into in a car or truck wreck and have medical bills that are turned over to a debt collector or a collection law-firm. If you are dealing with collectors because of your injuries in an automobile crash, we hope this blog post will be of some assistance.
Why am I getting collection notices? It could be your health insurance company is not paying the bills as quickly as they should. It could be that you have no health insurance or it excludes bills for car wrecks. Remember you may have “medical payments” insurance on your car insurance that would pay for some of the bills. But ultimately the insurance company for the driver who is at fault should pay – but this rarely happens until the whole case is settled. This is because the insurance company wants to use leverage and pressure from collection agencies and collection law-firms to force you into a settlement for less than you should – just to get these collectors off your back.
Every situation is different but remember that collectors, whether lawyers or non lawyers, cannot harass you. On our consumer blog – Alabama Consumer Law Blog – we have several articles about dealing with collectors that might be of interest to you:
When Can An Alabama Consumer Sue A Debt Collector - Part II?
Should An Alabama Consumer Contact A Consumer Lawyer When First Contacted By A Debt Collector?
Collection Letters Are Often Illegal In Alabama
We wish you the best of luck and please contact us if you have questions about harassing debt collectors or about your car wreck if you are not already represented by a lawyer.
We recently ran across these statistics showing the number of car wrecks and automobile accidents in Alabama for the years 1971 to 2003. The report was release by the Alabama Department of Public Safety and is titled, "Alabama Traffic Wreck Statistics (1971-2003)."
The report is a reminder of just how dangerous Alabama highways and roadways can be and a reminder of how all of us can be or will likely be in a car wreck sometime in our lives. The report does not break down the statistics by county, city or type of roadway, other than to note rural versus urban. As one might expect, there were significantly more wrecks on "urban" roadways versus rural. For instance, in 2003 there were approximately 100,000 car accidents on urban roads and a little over 40,000 wrecks on urban roads. We are not sure under which category state highways fall.
One interesting statistic, and a bit of good news, is that even though the overall number of wrecks has steadily increased over the years (in 1985 the total number of wrecks was 113,000 and in 2003 it was 141,000) the total number of fatalities and injuries in wrecks has remained about the same. For instance, the total fatalities in 2003 was 1001 compared to 1096 fatalities in 1986. This is a testament to the safety and design features found in modern cars.
If you would like to look at the study in more detail you can view it by clicking here.
You've been in a car wreck in Alabama, you still hurt and are recovering, and now you start getting calls from the insurance adjuster for the person that hit you. What should you do?
There is nothing necessarily wrong with talking with the insurance adjuster. They are usually very nice to you, which is obviously in their best interest. Their goal is to settle the claim for what they call a "reasonable amount" or to "reasonably compensate you for your injuries." The problem is that our experience here in Birmingham and through out the state of Alabama is that insurance companies often have a far different idea of what is fair or reasonable compensation for your personal injuries than you do or than your lawyer will.
Inevitably, the adjuster will want to take a statement from you "just to document their file." We are usually reluctant to let them take a recorded statement of our clients. If it is truly just to document the file, then they shouldn't have a problem letting you take a recorded statement of their insured for their file. We have never had one take us up on this request.
In truth, they are trying to pin you down to a recorded statement in hopes that you might say something that doesn't check out or is inconsistent with something that you previously said at the scene or might later say in deposition or at trial.
If you do give a recorded statement, the adjuster will likely ask you some background questions about your medical history, employment, etc. They will then ask you questions about the car wreck, i.e., where you were going, how fast you were driving, what you saw, what happened, etc. They will usually finish by asking about your injuries. During the statement they will try to pin you down to the exact story. And be sure, they will hold you to this in the future.
If you give a statement, the adjuster is going to look very critically at your claim including your statement, the accident report and the medical bills and records to see if there is anything they can find to discount your claim. They will compare your statement to their insured's version of what happened and whatever other records they can obtain.
If you have had any preexisting back or other injuries, they will significantly discount the value of your case regardless of whether you were having no problems before the car wreck or automobile accident. If you say anything that doesn't check out with their insured's version, they will also discount your claim.
In truth, there is no advantage to them in evaluating your claim for settlement purposes in taking a recorded statement rather than just speaking with you or taking written notes. If they are pushing you to do so, we recommend you contact an attorney prior to giving a recorded statement.
We've never seen a claim settle for more money where an injured party has given a statement. In fact, we see quite the opposite. You should always remember that the insurance adjuster represents the insurance company. He or she is not your friend and does not keep their job or get raises by paying out lots of money on claims. They get these things by saving the insurance company money. If you do feel like you need to give a statement, consult an attorney before doing so.
In Alabama, like most other states, Insurance companies are required by law to offer uninsured or underinsured (also known as UM/UIM) motorists coverage. You will only not have this coverage if you opt out of it. Unfortunately, many people opt out of this coverage and don't even know it.
First of all, what is UM or UIM insurance? This is insurance coverage that will pay if you are hit by another driver who doesn't have insurance or where they don't have enough insurance to cover your injuries. You must first exhaust the other person's insurance before you can tap into your own insurance. The cost to have this type coverage is only a few dollars a month for a minimal policy of $20,000 or $25,000.
Why would someone opt out if this coverage? Most people opt out of this type coverage without even knowing they are doing so. In order to do so, you must expressly in writing agree to that you are waiving UM/UIM coverage in your policy. Typically, we see clients who, when buying auto insurance, told their agent that they wanted to cheapest policy available, not knowing that this would opt then out of this important insurance. While some good agents will explain UM/UIM coverage and why they wouldn't want to waive it, many do not. The person buying insurance is given a stack of papers to sign without explanation and many don't read through what they are signing. (To be honest, I don't know many lawyers who read all of what they are signing. The papers are very complex, single spaced, and in small print. And, if you want to purchase an insurance policy you'll have to sign.)
However, we believe it is not a good idea to waive UM/UIM to only save a few dollars a month. If you are injured through the fault of another who doesn't have insurance the results can be devastating. For example, if you were hit by someone and that caused you to be out of work for 2 months, and if you have UM, you could make a claim for lost income on your own insurance. Otherwise you would be out that money with no recourse.
We highly suggest your purchase this coverage. And, if for some reason you decide you do not want it, make sure you understand exactly what you are giving up and make sure your agent has explained it to you.
On our Alabama Consumer Law Blog, we recently posted about the requirement by Hyundai to submit any claims to arbitration. While you ponder that from a consumer standpoint on being able to properly enforce your lemon law rights, consider this interesting video of a Hyundai van. We don't know the details but it does cause you to raise an eyebrow, eh?
Here is one more car wreck video - of course in the real world the impact is not always so controlled but this does show what happens to a car in a frontal impact....
This video is a little bit long (15 minutes) but it is very interesting to see what happens to various popular vehicles when there is an impact from all different directions. This reminds us why the human body can be so badly injured - even if the car survives - that force and energy from the impact can travel to the human body. We hope you find this video interesting and educational and make your own experience with crashing cars limited to watching videos....
We found this YouTube video showing what happens when a 4X4 t-bones an older (1992) Honda. This shows the terrible impact that can result when high speeds are involved in a wreck. Be careful out there driving....
You can also see the vulnerability of SUVs to roll over when in a wreck.
Many car wreck cases can be settled without having to file a lawsuit. Insurance companies have whole divisions of workers set up to process and resolve car wreck claims. Though you are trying to get as much money as you can for your claim, and they are trying to pay you as little as they can, you both typically have the same goal, resolving your claim without a lawsuit. For both sides, lawsuits bring added expense, added time and added uncertainty.
An insurance company looks at three main things in deciding whether to settle a claim.
- First, was their insured at fault? Even if they decide the first one in your favor, they will then look at the second issue.Obviously, someone with mild back pain has a claim that is worth much less to them than someone who has suffered a broken leg or who has had to have back surgery as a result of the wreck.- Second,are the injuries you are claiming related to or caused by their insured?
- And finally, what is the value of those injuries?
If you or your lawyer are not able to get the claim resolved, then a lawsuit will have to be filed. Once this happens, a typical case in Alabama state courts is not set for trial, until at least 9 months to a year after being filed. Oftentimes, most cases will not be tried at the first setting, either due to other cases being set before them, or difficulty for both sides in having the case ready for a jury trial.
Filing the lawsuit
In order to initiate a lawsuit, a “complaint” must be filed by the plaintiff. This filing sets forth the basic facts of what happened, show the court your are suing the defendant in, sets forth the legal theories of why the defendant is liable to you, sets forth your damages (how the defendant hurt you) and asks the court for relief, in other words, what you want a judge or jury to do to help you.
Defendants have thirty days in state court and twenty days in federal court to answer the allegation. They will typically ask for and be given an extension. Shortly after all of the defendants answer, the judge will enter a scheduling order setting out deadlines for the parties meet in preparing their case for trial and setting the trial.
Discovery
Discovery is the part of litigation where the lawyer and parties set about finding out what the other side’s position and evidence in support or in defense of the lawsuit will be at trial. Discovery is made basically of both sides asking each other questions about what happened and what they expect to tell the jury. These questions can be written (Interrogatories, which each side will have to answer in writing), oral (Depositions, where each party or witness is asked questions in front of a court reporter who records everything that is said during the deposition) and Requests for Documents, which are requests that require the other side to produce documents supporting their position at trial.
Dispositive Motions
At the end of discovery, a party may file a motion with the court, asking the judge to decide certain issues. In these motions, the parties can ask the court to decide certain legal or factual issues, which they believe are not in dispute. They may even ask the court to dismiss the case or throw it out of court for lack of evidence.
Trial
While most everyone knows what trials are, few people other than lawyers have a good understanding of what goes on at a trial. Few trials have what lawyers call, “the Perry Mason” moment, where one side breaks down crying on the stand and admits it was all their fault.
Each side presents their evidence and testimony before a judge and jury. This can take several days or several weeks for long complicated trials. The judge manages the trial and makes legal ruling on the evidence and law. At the end, the jury considers the evidence and rules in favor of either the plaintiff or the defendant in the form of a judgment.
Post Trial
If either side is not happy with the trial, they have the right, within the time limits set out by court rules, the ask the judge to vacate the judgment or to appeal the judgment. The appeals are also costly and can be very time consuming. Many appeals can take from six months to a year before the appellate court rules and the case is resolved.
If you are unable to get your claim resolved without having to file a lawsuit, be patient. Your case will move forward and you'll get your day in court. It will, however, take longer than you think it should, which in and of itself explains why it is preferable when you can to settle without having to go to trial.
After most all wrecks, assuming there aren’t obvious or catastrophic injuries, most times, both parties get out of their cars, look at the damage and ask the other person if they are OK. And, most people answer “Yes, I’m fine’ without even thinking about it. It is akin to someone you see on the street asking how you are doing. Out of habit you answer, “I’m doing fine” or “I’m doing well, how are you.” You may have a whole host of issues going on, but don’t let on.
Most everyone who has been in a wreck is shaken up pretty good. They are scared and have a lot of adrenaline running through them. Even if they are in pain, most are not feeling it at that time. Oftentimes, it is not until that night or the next day that your neck or back does not start to hurt.
If you have been in a car wreck, it has been our experience that you should be checked out by a doctor immediately. Rather than diagnose yourself, or let the person who hit you diagnose whether or not you are injured, you should let a doctor do that. You should get yourself to a doctor immediately.
After seeing a doctor, you should follow his or her recommendations to the letter. That means, going to tall follow up visits, taking the recommended medications, doing any and all prescribed physical therapy.
Additionally, you should be as honest with your doctor as you can. A lot of my male clients will tell me about the pain they were in after the wreck only after much prying. But when I read the medical records, there is little mention of pain. They later tell me that they didn’t want to appear to be weak or whiners or that they’d learned to deal with pain and didn’t want to appear to be complaining too much. This only hurts their ability later on to be compensated for the pain and suffering they endured as a result of the wreck.
Some of our clients have found it helpful to keep a journal of their treatment and injuries. Understand, however, if you do this that it may be discoverable by the defendant. Therefore, we only recommend doing it if you will do it consistently, that is every day or virtually every day over the course of your treatment, and only write down things you wouldn’t later mind being read to a jury. The best way to assure that you do this is to only write down the truthful facts about what you are experiencing, not your opinions, of your experiences, your treatment, doctors or dealings with the person who hit you or the insurance adjuster. This should include your treatment, your pain, and your limitations as a result of the pain.
Continue reading "What Should I Do If I’ve Been injured In A Car Wreck? Part II, The Treatment." »
Car wrecks or automobile accidents are one of those unfortunate parts of life that we all hope we’ll never experience. However, chances are that just about every Alabama driver will be in a wreck at one time or another, whether it is our fault or the fault of another. Often times, people are not significantly injured in wrecks. However, there are some wrecks that result in someone being injured.
If you were injured and the wreck was someone else’s fault, you may have a claim against that person. Every car wreck case hinges on two issues.
- The first is liability (Can you prove that the wreck was the fault of the person who hit you?)- The second is damages. (Can you convince an insurance adjuster, or judge or jury if you can’t settle the case that the injuries and/or pain you say were caused by the person that hit you actually was?)
Most cases we see actually come down to the second question.
If you are in a wreck and have been inured, what you do immediately after the wreck and in the first few days can significantly affect your chances of recovery for the injuries you sustained in that wreck. If you are reading this after a wreck, then you have experienced this, and if you have never been in a wreck then you can only imagine what happens to your body during a wreck.
Though we will discuss in more detail what actually happens to your body during a wreck in a later post, needless to say it can be a very violent and traumatic experience. First and foremost, you should always wear your seat belt. But, even with that on you body can be thrust forward or backward suddenly, and stopped and yanked in the opposite direction just as violently and suddenly. Additionally, there are the objects within the car you can hit or be hit by, including the airbag, the steering wheel, or parts of the dashboard or door.
It is hard to imagine the force of an impact because our cars are big and heavy and we feel safe in them. Yet, even a low impact wreck can cause a significant jostling to your body, which can cause long term injury to your back, neck and other joints.
If you have been in a wreck, you should immediately contact the police to let them come and fill out a report. This will serve as documentation of the fact that the wreck actually occurred. Additionally, the officer should take down every one's information and other information, such as, weather conditions, road conditions, each person’s statement as to how the wreck occurred and list any witnesses to the wreck.
On the issue of witnesses, it is vitally important that you identify anyone who could be a potential witness and take down their contact information and try to get them to stay to speak with the police officer. Oftentimes, many witnesses will not want to get involved and will only stay around to make sure everyone is OK and then leave. Once they are gone it is you word against theirs as to how the wreck happened.
Whether you are sure you have been injured or not you should be checked out by a doctor immediately. Right after a wreck, most people’s adrenalin is pumping and it is not until hours or days later that they actually realized the extent of their injuries. A delay in treatment can cause two problems. First, and foremost, it may limit your ability to recover. Second, if you wait a few or even several days to see a doctor, you may have problems proving that you were actually injured in the wreck.
Finally, if you have been injured you will have to decide whether to hire an attorney to represent you. Your insurance policy probably requires you to notify your own insurance company that you have been in a wreck. However, you will likely be contacted shortly after the wreck by an insurance adjuster who will immediately begin processing the claim. First, you will have to decide whether to speak to the adjuster about your claim. See our post here addressing speaking to an attorney first. In doing so, they are also preparing a case against you. They are gathering information about you and the wreck, looking for inconsistencies, and anything else they can find to pay you as little as they can. Remember, no matter how nice the adjuster is, their goal is not to make sure you are taken care of. Insurance companies are for profit businesses and the less they pay you, the more money they make.
Stay tuned for future posts on what to expect in treatment of your injuries after the wreck, settlement, litigation and trial.
We are often asked by friends and potential clients whether they should consult with an attorney after a car wreck or whether they should just deal with the other person's insurance company. Rather than reinvent the wheel, we direct you to an excellent post dealing with this question by lawyers at the Houston Injury & Accident Law Blog.
Here are a few excerpts from this excellent post:
Here is the plain truth--Allstate, and the other insurance companies who send these types of letters, do not care anything at all about you or whether you receive a fair settlement.In fact, the insurance company's own statistics prove that its costs the insurance industry an average of $9000 more per claim when the injured person has a lawyer.
The reason the insurance companies try to convince people not to hire an experienced lawyer is because they know they can settle the case more cheaply if the injured person doesn't have a lawyer.
The truth is that you should always at least consult with an attorney before settling a personal injury or wrongful death claim
If you have been injured in a car wreck, you may or may not need to hire a lawyer but it will never cost you anything to meet with us or any other reputable plaintiff's attorney to evaluate the options you have for your car wreck case.
