The law firm of Cross & Smith has a proven track record of success in car accident cases. We are committed to protecting your rights and providing you with experienced and compassionate service. At Cross & Smith, you will find a Birmingham car accident lawyer who will represent your interests and skillfully handle all the complex legal matters involved in a car accident so that you may recover the compensation you deserve. Our accident lawyers have handled numerous car accident or auto accident cases in Birmingham, Alabama as well as other parts of the state.
Car accidents are an accepted fact of life in Alabama and other states. While “accidents” imply a lack of fault, most collisions occur because one driver was careless. A motorist can be drunk, distracted, or otherwise reckless, placing the lives of others in danger. While not intentional, these split-second mistakes can result in liability for the driver. This is because motorists have a special duty to act with reasonable care. They breach this duty by making mistakes, causing accidents that injure others. Traffic accidents caused by negligence often involve:
Negligence refers to a breach of duty, causing injury. Negligent drivers may not commit a crime by being careless, but they are responsible for the injuries they cause. Even an unintentional mistake may be the basis of liability if it results in an accident. Behind the wheel, every second of distraction exponentially increases the risk of a crash. If reaching for a beverage causes a driver to brake suddenly, rear-ending another vehicle, that driver is liable to the motorist hit. In serious collisions involving more than property damage, the negligent party must pay the victim’s medical expenses, lost income, any pain or suffering and mental anguish resulting from the injury as well as any permanent injuries or disfigurement. Because of the heavy volume of daily traffic and extensive highway systems in Birmingham, car accidents are a common occurrence.
In many car accident disputes, the individual or entity who controls the roadway (and adjacent property) may be significantly responsible for the harm caused. Below are five common roadway hazards that can contribute to the occurrence of a car accident:
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 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 control over their vehicle.
Some roadways require signage to ensure that drivers are notified as to the inherent risks and hazards and can alter their behavior accordingly. If necessary signage is broken, misplaced, or simply not visible, then this can contribute to an accident. For example, a sign indicating that there is a pedestrian crossing ahead is extremely important for notifying incoming traffic to slow down — if the sign is covered by the hanging branch of a tree, this could lead to a serious pedestrian accident.
Traffic control issues are unfortunately common and are often the result of poor roadway design. For example, if a roadway is dominated by unprotected, fast-moving traffic that create an unreasonable risk of harm for drivers and pedestrians, then one could argue that there should be traffic and speed control mechanisms to slow down traffic to an appropriate level for the roadway. Perhaps the municipality could install traffic lights or even speed bumps to better control traffic.
Evidence of prior accidents may reveal hazards that are not immediately obvious to those using the roadway. For example, an unprotected left-turn into a school may not seem like a serious hazard for drivers upon first impression, but if there have been three serious accidents involving that left-turn over just a few years, then that may be sufficient to prove that the turn exposes drivers to an unreasonable risk of harm (and that the hazard should be corrected).
Some accidents seem the fault of other drivers, but are actually due to defective parts. Manufacturers recall millions of cars and vehicle parts each year because some flaw in the product injured consumers. The defect could be in the product’s make, model, or design. Defective tires, brakes, and engines may cause rollovers, fires, and other accidents. In these cases, consumers must show that the part was defective when it left the factory floor, directly causing their injury. Because they are in the best position to detect and correct defects or warn consumers of danger, manufacturers can be held liable for any injuries caused by their product.
If you were injured in a car accident, an experienced Birmingham car accident lawyer at Cross & Smith can help. Unlike big firms, Cross & Smith gives you personal attention, crafting an individualized strategy to meet your needs. Rather than relying on insurance companies that often want to minimize their liability, consult a dedicated advocate who will fight for your rights. Cross & Smith has years of experience in Birmingham and all over Alabama dealing with insurance adjusters and third parties to help you recover the maximum amount of compensation. Let us handle the legal work and help you get back on your feet. Call (877) 791-0618 for a free consultation or contact us online.
"I highly recommend Cross & Smith. They are an excellent law firm with attorneys who care greatly about the individuals they are representing. "
Posted By: Robert Upchurch