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Category: Car Accidents

What You Need to Know About the Sudden Emergency Defense

May 28, 2021 - Car Accidents by

Car accident plaintiffs (i.e., the injured parties in a personal injury case) are likely to encounter a number of different defenses, depending on the particular circumstances of the accident at issue.  Among these is that of “sudden emergency,” which works as an absolute defense that gives the defendant an opportunity to avoid liability altogether.  Initially, the sudden emergency defense seems like quite a difficult barrier to overcome — after all, the defense depends on making the defendant appear to be the vulnerable party, which can win over juries.  If the defendant effectively redefines themselves as the victim, this could undermine your ability to secure compensation for the injuries you sustained in the car accident due to their negligent or wrongful actions. But our Tuscaloosa injury attorney is here to help you fight for your rights as the injured party.

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Hurt in an Accident? Get Compensation for Your Medical Expenses

May 14, 2021 - Car Accidents by

In Alabama, and throughout the country at large, those who suffer injuries caused by the negligent, reckless, or intentional acts of others — whether in a car accident, construction accident, or some other personal injury scenario — are entitled to sue and recover damages that compensate them for their losses. These damages include compensation for the injured party’s (i.e., the plaintiff’s) various medical expenses. Wondering if this applies to you? Speak to our Tuscaloosa accident attorney today to discuss your specific case.

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Incriminating Statements in Alabama Car Accidents

Apr 30, 2021 - Car Accidents by

Seek Guidance from an Experienced Tuscaloosa Car Accident Attorney If you’ve been injured in a car accident, then the defendant-driver (assuming they do not leave the scene of the accident immediately) may make incriminating statements that could benefit you in your lawsuit.

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Who Can You Sue in a Car Accident Involving an Uninsured Driver?

Apr 16, 2021 - Car Accidents by

Let a Tuscaloosa Car Accident Attorney Help If you’ve been hurt in a car accident, Alabama law may entitle you to sue and recover damages.  Generally speaking, the “standard” car accident lawsuit targets the defendant-driver whose negligent conduct directly caused the accident.  For example, you might sue a speeding driver who lost control over their vehicle and sideswiped your vehicle.

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Auto Accidents: Who’s Responsible for Crashes Related to Defective Tires?

Jan 29, 2021 - Car Accidents by

Work With a Tuscaloosa Auto Accident Attorney Defective tires can lead to serious car accident injuries. For example, a defective tire could explode at an inopportune moment or could be imbalanced (due to an air leak), making you lose control and crash. If you’ve been injured in an auto accident due to a defective tire, then Alabama law may give you a right of action against the manufacturer (and potentially against other parties, too).  However, it can be difficult to understand how defective tire liability works, so let’s take a brief look at some of the basics.

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Recovering Damages From a Drunk Driving Defendant

Dec 17, 2020 - Car Accidents by

Our Tuscaloosa Injury Attorney Will Fight for You The winter holidays are a busy time for Americans, from Christmas shopping to end-of-year social events with family and friends— even with the Covid-19 pandemic discouraging many from socializing in the same way that they would in previous years. Unfortunately, not all news surrounding the holidays is positive.  With the winter holidays (and an increase in road traffic) comes an increase in motor vehicle accidents, in many cases driven by holiday alcohol consumption. If you’ve been injured by a drunk driver over the holidays, then you may be entitled to significant damages as compensation.  In fact, bringing a motor vehicle lawsuit against a drunk driver has its own unique opportunities — let’s go ahead and briefly explore them. Establishing Negligence In a “standard” motor vehicle accident dispute, the injured plaintiff has to prove that the defendant-driver acted negligently, recklessly, or intentionally — and that this misconduct caused the plaintiff to suffer injuries.  Establishing fault can be difficult in some cases, depending on the facts. In a drunk driving lawsuit, by contrast, the plaintiff need only show that the defendant’s intoxication caused the plaintiff to suffer injuries.  Negligence is “assumed” thanks to a principle known as negligence per se. In other words, driving while under the influence of alcohol is considered an act that is fundamentally “wrong,” and as such, there is no need to prove that the defendant’s conduct rose to the level of negligence, recklessness, or intentional misconduct.  This can make […]

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Potential Defendants in an Alabama Car Accident Lawsuit

Dec 31, 2019 - Car Accidents by

For many first-time plaintiffs, the prospect of car accident litigation may seem quite straightforward.  In truth, however, it may the case that the defendant-driver is not the only one responsible for the injuries at issue.  The dispute could grow in complexity due to the presence of multiple liable defendants. In Alabama, this increased complexity is associated with a significant advantage: joint and several liability.  Stated in simple terms, joint and several liability allows the plaintiff to sue and recover their damages (in full) from any of the defendants, regardless of their specific level of fault. For example, suppose that you are injured in a car accident and the court finds that the defendant-driver is 50 percent at-fault, and that the city government is 50 percent at-fault (for failing to properly maintain the traffic lights).  You would be entitled to recover all 100 percent of your damages from either party, which can be extremely beneficial in situations where one or more of the defendants lack adequate insurance coverage. Plaintiffs often do not realize that there are a number of potential defendants they could hold responsible in a car accident lawsuit.  Consider the following. Drivers in Tuscaloosa and Elsewhere in Alabama Drivers are the obvious defendants in a car accident lawsuit, and for good reason.  It’s worth noting that multiple drivers could be responsible for your injuries, however.  In multi-car pileup scenarios, there could be several negligent drivers whose actions contributed substantially to the suffered harm.  Splitting liability among multiple drivers is […]

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5 Roadway Hazards That Can Contribute to a Car Accident

Nov 29, 2019 - Car Accidents by

Car accidents — in Alabama and elsewhere — can be caused by a variety of factors, from negligent drivers to roadway defects.  If you’ve been seriously injured in a car accident, then securing maximum compensation for the losses you suffered will require that you comprehensively evaluate the various avenues for recovery.  In many car accident disputes, the individual or entity who controls the roadway (and adjacent property) may be significantly responsible for the harm caused. Contact a Tuscaloosa car accident attorney today to discuss your options. As you explore the prospect of car accident litigation, let’s take a brief look at five common roadway hazards that can contribute to the occurrence of a car accident.  Consider the following. Poor Visibility Poor visibility is among the most significant factors contributing to car accidents.  There are a range of situations that can create poor visibility conditions: inadequate street lighting, objects that block the field-of-view of drivers (and have not been cleared by the defendant), or even sharp distinctions on the vertical or horizontal plane that interfere with the ability of drivers to spot incoming traffic. Physical Hazards Physical road hazards, such as construction barriers that have been misplaced, or large potholes, can create a significant risk of harm for drivers on the roadway.  If a driver suddenly tracks their tires across a pothole, that tire-road contact can cause damage to one’s drivetrain and suspension systems and may even penetrate the tires.  In extreme scenarios, a pothole can cause the driver to lose […]

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Suing a Property Owner in a Motor Vehicle Accident Case

Aug 30, 2019 - Car Accidents by

Experienced Injury Attorney in Tuscaloosa, AL If you’ve been injured in a motor vehicle accident in Alabama, then you may be entitled to bring a right of action for damages against the liable parties.  As you consider the prospect of litigation, it’s important that you identify and sue every potentially responsible defendant.  Most motor vehicle accident plaintiffs do not realize that they might actually have a legitimate claim for damages against multiple third-party defendants — not just the negligent driver. For example, if you are injured in an accident due to a defective traffic light, then you would likely have a claim against the City for damages, as the City (who is responsible for maintaining the traffic light in a reasonably safe condition) failed to properly inspect the traffic light, to discover the defect, and to repair it in a timely manner, leading to the accident. As in the above example, it is not uncommon for motor vehicle accident plaintiffs to find that a third-party property owner — such as the City, State, a school district, or even a private landowner — negligently contributed to their injuries.  These disputes do not necessarily proceed in the same way as more “standard” motor vehicle accident litigation, as the legal basis for the action against the property owner defendant is fundamentally different. Here at Cross & Smith, our team has extensive experience working with injured plaintiffs in Alabama.  Over the years, we have gained key insights necessary for investigating complex facts, identifying all […]

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Liability Insurers Are Not Your Allies

Jul 31, 2019 - Car Accidents by

Insurers generally present themselves as good faith actors who provide a generous service to their customers — the policyholders — and while comprehensive liability insurance coverage is a valuable protection in the event that you have suffered harm in an accident, it’s important to remember that the insurance company is a profit-oriented business. Insurers are not driven to provide financial compensation merely out of kindness.  If and when they can avoid their duties under contract (to the extent that it will benefit them), they will do so.  This can all come as a nasty surprise to policyholders who are seeing their claims being mishandled firsthand by their insurer — before the accident, they might have reasonably relied on their insurance coverage to payout for their losses, only to discover that engaging with the insurer is not as straightforward as initially anticipated. For clarity, let’s dive into this issue a bit more in-depth. Insurer Interests Oppose Those of Policyholders The foundational issue that drives an insurer’s adverse decisions is the fact that the insurance company gains an advantage when their policyholder fails to secure the payout to which they’re entitled by their coverage.  The insurance company’s bottom-line is benefited substantially when a policyholder with a legitimate claim is denied or has that claim undervalued, or simply chooses not to submit the claim to the insurer. Given this dynamic, insurer misconduct and underhandedness in the wake of an accident is not particularly surprising — if an insurance agent contacts you after an […]

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"My father-in-law was involved in a horrible traffic accident. The firm was great at handling all of his questions. In the end they got him a great settlement, but the thing he remembers most is that the people at the law firm cared about him as a person. I would highly recommend them to anyone in need of legal services."
Posted By: Jaimie Copeland

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