August 18, 2019

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Alabama Car Accident Claims

Birmingham Law Firms

Even though car accidents are so common that nearly everyone is involved in one at some point in their life, car accident claims involving injuries can be very complicated and each case is unique. Drivers are required by law to carry liability insurance, but in most cases you have to fight the insurance company to get full and fair compensation for your injuries.

Driver Negligence

The majority of Alabama car accident claims are brought against a negligent driver and their insurance company. Examples of driver negligence which can cause an accident include:

  • Distracted driving, such as texting while driving
  • Running a red light or stop sign
  • Failure to yield
  • Failure to use turn signals
  • Tailgating
  • Unsafe passing
  • Speeding

Uninsured and Underinsured Drivers

If an uninsured or underinsured driver caused your injuries, you may still be able to collect compensation. You may have uninsured motorist coverage in your own auto insurance policy, and if you do not, you may be covered under a relative’s policy.

It may turn out that the other driver is not the responsible party or not the only responsible party in your accident. If a defective vehicle or defective roadway caused or contributed to your accident or injuries your car accident lawsuit will be against a party or parties other than the other driver involved.

Defective Vehicle

If your accident was a caused by a defective vehicle, or if a defect such as faulty airbags contributed to your injuries, your car accident lawsuit will fall under product liability. Responsible parties in a defective vehicle lawsuit can include:

  • Auto manufacturer
  • Dealership
  • Parts manufacturer or seller
  • Rental company
  • Repair shop

A defect which does not cause accidents but fails to protect occupants from injuries or makes injuries worse, when an accident occurs, are called crashworthiness defects.

Defective Roadway

Roadway defects often cause car accidents and, without a thorough investigation by a car accident attorney, may go undetected.

Some defects, such as malfunctioning traffic signals, can make it appear as if a driver is to blame when neither driver was at fault for the accident. When both drivers, or witnesses for both drivers, claim that the other driver ran the red light it is an indication that the light was malfunctioning and further investigation is necessary.

A defective roadway claim is usually brought against a government entity responsible for the design, construction, or maintenance of the roadway. Lawsuits against government entities have different rules, procedures, and time limits from those against individuals and companies.