DECATUR & HUNTSVILLE AUTO ACCIDENT LAWYER
We can help you in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.
Have you been injured in a auto accident in Decatur, Athens or Huntsville, Alabama, caused by someone else’s negligence? Are your medical bills piling up, and the other driver’s insurance company is giving you the run around? If you or a loved one have been injured in a auto accident in the Decatur, you need an experienced attorney. Traffic incidents are the source of thousands of personal-injury lawsuits in Alabama each year. Even though there are fewer drivers on the road today because of the pandemic, the automobile accidents that do happen are much more serious. As more people return to the roads, not all of them are paying attention while driving, leaving a trail of property damage, injuries and death.
More than 40,000 people die annually in the United States in motor-vehicle crashes. Alabama has seen an increase in accidents and deaths in 2019. Alabama has reported that bicycle, pedestrian, and motorcycle accident deaths have also risen in 2019-2020, and more people in Alabama were injured badly enough to require medical attention. When you have been seriously injured in a auto accident, you need to call the attorney serious accident victims call when they have been injured. Randy W. Ferguson is Decatur’s premier automobile accident lawyer. If you or anyone you know has suffered an injury in a auto accident, contact us for a free case evaluation. We offer no obligation, FREE CONSULTATIONS. We also have a LOWEST FEE GUARANTEE. Home and hospital visits are available if you are unable to come to our Decatur office. Call now. Call 256-534-3435 or 256-350-7200. We are here to help.
Do I Need an Attorney after an Auto Accident in Decatur or Huntsville, Alabama?
For minor accidents in Alabama, it’s quite possible you don’t need an attorney. However, even if it turns out you don’t need to hire a lawyer, phone consultations are always free. If your in doubt, call now. Retaining an attorney after a car wreck in Morgan County may not be the first thing on your mind after a wreck. However, making sure your lawyer is experienced is important, especially when you have suffered serious injuries in a motor vehicle accident.
- An attorney can assist you in what to do after the accident. This includes getting the police report, giving recorded statements, notifying your insurance company, notifying the other parties insurance company and explaining what compensation you can recover. If you’ve suffered serious injuries or a death in your family, our attorneys can help you negotiate for compensation for your auto accident claim.
- Help explain how to get proper medical treatment. A personal injury lawyer can also help you with medical bills and loss of income. You need a Decatur attorney that can help you get medical treatment, hire experts and help with loss of income. The attorneys at Ferguson & Ferguson can help you every step of the way.
- An attorney can advise you whether to settle your case quickly, or to file suit. They can also advise you on contributory negligence, property damage and future medical expenses.
- Our attorneys can also file a lawsuit if necessary, gather your medicals and prepare your case for trial.
If you have been in a auto accident in Decatur, it may be in your best interest to hire an experienced personal injury attorney. Contact our attorneys now and find out your legal rights.
Who is at Fault in a Auto Accident
In rear end collisions, the driver hitting the other vehicle from behind is usually at fault. While there are circumstances that change liability in these accidents, they are very hard to prove.few and far between. By the Alabama rules of the road, you are required to leave enough room between your vehicle and the vehicle in front of you so that you can stop.
In left turn collision, the driver making the turn is almost always at fault, unless they have a green arrow. That’s because all other vehicles usually have the right of way over a left turning vehicle. The police report will often determine liability, even though it is not admissible in court. It is difficult to get around the details of the official police report, even if it is incorrect.
When someone is in a car accident, they may be unsure of what to do? Most collisions are caused by driver error. Usually, the injured party must show that the other driver who caused the crash was negligent. This requires proving four elements – Duty, Breach, Causation, and Damages.
- Duty: First, the injured person must show that the other driver owed a duty of care to them.
- Breach of Duty.
- Causation: The injured party must show injuries and property damage were a direct result of the negligent driver’s negligence.
- Damages: Injuries, for instance, medical bills, scarring and losses of income suffered by the victim.
Types of Car Accidents
There are numerous types of motor vehicle accidents. Our attorneys have the expertise to handle all types of auto accidents. Our firm has represented clients who have been involved in the following types of accidents:
- Rear-end collisions in which one car is struck by another in the back of the vehicle.
- Head-on collisions in which the front ends of both vehicles collide usually causing serious injuries.
- Motorcycle accidents usually cause severe injuries or death.
- Bicycle accidents.
- Pedestrian accidents usually involve very serious injuries or death.
- Side impact or T-bone collisions in which one vehicle is struck on either the driver or passenger side of the vehicle.
- Rollover accidents in which a vehicle flips or rolls over. Often SUVs or trucks.
- A single-vehicle accident in which A car strikes a ditch, car, tree or other object.
- Multi-carMulti-car pileup in which three or more vehicles are involved in the accident.
- Commercial vehicle accidents in which 18 wheelers and other large vehicles strike other vehicles.
- Construction zone accidents usually involve pedestrian workers.
- Dangerous road accidents.
- Delivery truck accidents.
- Elderly driver accidents.
- Emergency vehicle accidents.
- Intersection accidents.
Causes of Auto Accidents
Thousands are injured each year in automobile accidents in Decatur, Alabama. There are various causes of auto crashes including:
- Lower gas prices mean more people on the road not paying attention
- Driver fatigue
- Speeding: Almost 1/3 of all fatal car crashes in the U.S. are caused by excessive speeding.
- Weather and road conditions: Fog, ice, floods, snow and heavy winds create driving hazards and limit visibility for safe driving.
- Driver distractions: Some common distractions are passengers, cell phones, satellite radio, hands-free devices and outside distractions.
- Drunk Driving: Drunk driving is one of the leading causes of car accidents in the U.S. It is responsible for nearly 30% of all fatal traffic crashes, resulting in more than 10,000 deaths per year.
- Failure to yield
- DVD players, music headphones
- Running red lights and stop signs
- Disregarding traffic signs
- Driving too fast for conditions
- Failure to stay in lane
- Failure to watch for motorcycles
- Failure to yield to pedestrians
- Following to close
- Improper passing
- Reckless driving
- Wrong way driving
- Texting and driving
- Construction zones
- Wet roads
- Road debris
- Icy or snowy roads
- Driver error
- Shoulder drop-offs
- Drowsy driving
- Overweight trucking loads
- Defective vehicle parts
- Hazardous road conditions
- Confusing signs
What are the Most Common Car Accident Injuries in Alabama?
More than half of all accidents in Alabama result in an injury to the driver or his or her passengers. If you or a loved one sustain injuries in a car accident in Alabama, you and your loved ones have a right to be compensated for your injuries. The most common injuries that result in automotive accidents include the following:
- Burn injuries
- Catastrophic injuries
- Broken bones
- Whiplash occurs when an impacted vehicle causes the victim’s head to be thrown forward, backward, or to the side.
- Eye injury
- Seatbelt injuries
- Chest injury
- Degloving injury
- Spinal cord injury
- Traumatic brain injury: 17.3 percent of all TBIs (Traumatic Brain Injury) in the United States are caused by car accidents.
- Wrongful death
- Soft tissue injuries
- Hip injuries
- Shoulder injuries
- Strained ligaments
- Post-traumatic Stress Disorder (PTSD) is a common disorder often requiring the treatment of a professional following a auto accident.
- Back muscle sprains
- Scrapes and Cuts
- Broken ribs
- Internal injuries, including abdominal injuries, internal bleeding, injuries to organs and collapsed or punctured lungs.
- Jaw injuries
- Loss of teeth
- Neck injuries
- Crushed larynx
- Crushed trachea
- Broken neck
- Pelvic injuries
- Penetration injuries
What to do After An Auto Accident
- Immediately file an accident report with the police, sheriff or highway patrol, if the agency has not done so at the scene.
- Write down the name, address, vehicle identification numbers (VIN) of the other vehicles involved, insurance company and policy information, and driver’s license number of any and all persons involved in the accident. Record names, addresses and telephone numbers of all witnesses.
- Obtain photographs of the accident scene, all vehicles involved (before repairing) and any visible injuries to the parties involved, such as cuts, bruises, and scars. Take pictures of guardrails or other objects like roadway hazards you believe may have caused or contributed to your accident and tire marks./li>
- Note the weather conditions at the time of the accident; drivers mental state at the time of the accident; traffic conditions at the time of the accident; whether there were any traffic signals in the area.
- Do not discuss the accident or your injuries with anyone, with the exception of your doctor and your attorney.
- Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.
- Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury, and how the injury occurred.
- It is important to keep a daily journal chronicling your injuries.
- Track Your Expenses.
A strong claim clearly outlines the financial impact of your accident. Save all bills and receipts of expenses related to the accident and injury. keep records of your:
- medical bills,
- mileage driven to doctors’ appointments,
- rental car expenses,
- time away from work,
- and any other expenses your accident has caused.
Most Common Mistakes After a Motor Vehicle Accident in Alabama
Having an auto accident can be very stressful and confusing. However, it is important that you remember to avoid these common mistakes in order to maximize your recovery:
- Posting information on social media including pictures or making written statements that can be used against you.
- Not getting treatment as soon as you notice a problem.
- Talking with insurance companies and giving recorded statements from either side. They are not on your side.
- Not talking to an attorney first.
- Not telling your attorney the truth.
- Not following doctor’s orders.
- Trying to do too much too soon.
- Downplaying your injuries.
- Not collecting evidence at the scene. Take pictures, obtain witness statements & file a police report.
- Admitting anything to anyone at the scene or with an insurance company.
Why You Cannot Trust the Insurance Company
When a crash happens, many people look to their insurance company to help them put their lives back together. That is a mistake. Many of us want to believe that insurance companies have our best interests in mind. But insurance adjusters often work to minimize the amount of money that they have to pay. It is vitally important that you remember one thing – no insurance company is on your side. You cannot trust the other parties insurance adjuster, or your own. Their loyalty is to their company, and they will look to deny or settle your car accident claim for as little as possible. In many cases, an insurance company may attempt to deny your claim saying you were at least 1% at fault.(contributory negligence) That is why you need a Alabama car accident lawyer on your side. You need someone who will look out for your best interests. At Ferguson & Ferguson, our experienced car crash attorneys have settled thousands of auto accident cases over 30 years in business. It is important that you have a car accident lawyer representing you when you are dealing with an insurance company.
Hospitals Serving Decatur, Alabama
People who are injured and require emergency care in Hartselle or Decatur, Alabama have two choices when it comes to medical care. If you have suffered serious trauma in your auto accidents you will normally be transported to either Decatur Morgan Hospital Decatur or Decatur Morgan Hospital Parkway Campus. If you are in either hospital recovering from your injuries, we are available 24-7 to discuss your case. In most instances you will receive at least four bills when you are transported to one of these hospitals. The hospital bill, radiology bill, emergency physician bill and the ambulance bill. If necessary, you may receive other treatment and bills from orthopeadic surgeons and other physicians. You may be worried about how you will pay your medical bills and monthly bills. If necessary, we can connect you to companies that do low interest loans to cover your living expenses and medical bills while you recover. Our injury attorneys can help guide you through the process of recovering for your injuries. Decatur has two hospitals in Morgan County. They are:
- Decatur Morgan Hospital – Parkway Campus
1874 Beltline Rd. S.W.
Phone: (256) 973-2000
- Decatur Morgan Hospital – Decatur Campus
1201 7th St. S.E.
Decatur, Alabama 35601
Phone: (256) 341-2000
Automobile Accident Damages You Can Recover
The Alabama Law Office of Ferguson and Ferguson is an experienced auto accident law firm with a long track record of obtaining for clients the compensation and accountability they deserve. An individual who negligently operates a motor vehicle may be liable for a wide variety of damages that an automobile accident can cause, including but not limited to the following:
- Disability and physical impairment and disfigurement
- Loss of consortium for spouses
- Diminished future potential earnings
- Diminished quality and enjoyment of life
- Medical expenses including surgery, ambulance, therapy, rehabilitation and future medicals
- Past and future lost wages
- Out of Pocket Expenses
- Pain and Suffering
- Wrongful death
- Related expenses for prosthetic devices, braces, walkers and crutches
- The repair costs or fair market replacement value of property losses
- Current and future physical pain and mental suffering
- Reasonable funeral and burial costs in wrongful death claims
You deserve the best auto accident attorney you can hire. Don’t let an out of state insurance company decide what your personal injury claim is worth, contact us today. It’s our job to get you the money you’re truly owed in your case.
Investigating Your Alabama Auto Accident
Once our attorneys commence representation, we will thoroughly investigate your auto accident claim. Our auto accident attorneys will investigate your auto accident to determine who is at fault for the accident. We will do the following:
- Visit the accident scene
- Look at the property damage of all vehicles
- Interview eye witnesses to the accident. People move and their memories fade. The faster we can talk to the witnesses, the better outcome for you.
- Determine the weather conditions at the time of the accident
- Take pictures and video of the scene and make any necessary measurements of skid marks. Private and government security cameras often can provide crash information.
- Obtain and review the police report for errors
- Perform a background check on the defendant, including their criminal history and driving record
- Obtain all medical records before and after the accident
- Retain experts to assist us in presenting your case
Why Hire Decatur, AL Auto Accident Attorneys (Abogados) Ferguson and Ferguson
The law offices of Ferguson and Ferguson takes pride in giving each client individual and personal attention.
- Always choose an attorney with experience handling car accident cases.
- We are committed to excellent client service.
- We care about our clients, and have patience.
- Free phone consultation 7 a.m. to 7 p.m. and Saturdays
- Free office consultation as late as 7 p.m. and Saturdays also
- Locations near you
- We answer all our clients calls, or return them promptly.
- We keep our clients informed of the status of their case.
- We make sure that our clients understand each step of their case.
- Always consider the past auto accident cases they have handled.
- You should look for an attorney with trial experience. Although most auto accident cases will settle, you want to hire a law firm that will take your case to trial. Sometimes am insurance company will only take you serious if they fear going to court.
- We have great compassion for the physical, emotional, and financial problems that our clients suffered, and will do everything possible to get them through their difficult time.
If you have been in a car wreck in Decatur and an injury or death has occurred, you should get help from an experienced accident attorney. Contact our attorneys by phone or email or fill out the free consultation form. Insurance companies have adjusters, investigators, and attorneys working for them. Their goal is to limit the amount of money paid to auto accident victims like you. Insurance companies are not on your side. Don’t make their job easier by providing them with information that they can use or manipulate to deny your claim. Make sure you have the best auto accident attorney you can hire on your side to aggressively protect your interests.
Alabama Auto Insurance Requirements
Mandatory liability insurance in Alabama was the following as of 2020:
- $25,000 for bodily injury or death per person
- $50,000 total for bodily injury or death per accident
- $25,000 for property damage
The insurance limits in Alabama do not provide enough coverage in many accident claims. Because the limits are so low, you should try to have your own medical payments coverage and uninsured-underinsured on your auto insurance. Since healthcare is so expensive, and the death of a loved one can destroy a family financially, it is so important to check your auto insurance policy to make sure you are covered. Since most people do not have assets to cover a major accident, protect yourself with sufficient uninsured-underinsured coverage.
Alabama is a contributory negligence state. If you contributed to the accident by one percent you may be unable to recover any damages from the other driver’s insurance or your own. Insurance companies understand that they may be able to avoid paying you damages by showing that you contributed to the auto accident. That is why you need to hire our firm immediately after an accident, or the evidence may be lost, and your case gone forever.
Auto Accident FAQ
Q&A With a Alabama Automobile Accident Attorney
After an auto accident, you often have questions. Our goal is to make you better understand your rights. After reading the below FAQ, we encourage you to give us a call. We are here to help.
What Happens if I am Injured in an Accident Visiting Alabama?
If you are hurt in Alabama, where the laws are confusing to say the least, you need to hire a local attorney. Being a non-resident, living a distance away from where the liable party lives, can be difficult. You need an experienced Alabama personal injury lawyer who handles auto accident cases throughout the state.
What are my rights if another driver caused my accident and injuries?
Under Alabama law, you have a right to recover for your property damage and your personal injury damage. Under most circumstances, your case can be settled without filing a lawsuit.
How much is my claim worth?
This is the most common question we receive at our initial free consultations. It all depends on your injuries, medical bills, lost wages, available insurance coverage and your attorney. Our goal is to get you the maximum compensation possible in your case.
Should I settle with the insurance company?
Insurance companies are not in the business of paying out money. They like to take your money, but not pay it out. Their goal is to pay you nothing or as little as possible. You should always talk to an attorney before settling any auto accident case.
How long do I have to file a claim after a auto accident accident?
The statute of limitations for personal injury claims in Alabama is two years from the date of the incident. The statute of limitations is different for minors. If you don’t settle or file before two years, your case is gone forever. You generally have two years from the date of your car accident to file a personal injury lawsuit, per Alabama Code § 6-2-38. A general two-year deadline also applies to wrongful death lawsuits, per Alabama Code § 6-5-410.
Failing to take legal action within this time frame could prevent you from recovering damages via a lawsuit. Although this may seem like a generous amount of time, it can go quickly as you struggle to put your life back on track.
Should I do a police report following an accident?
Yes. A police report is very important in your case.
Should I release my medical records to the insurance company?
No. Let your attorney get your records for the insurance company.
The insurance company is offering a settlement. Should I accept it?
No. Insurance companies do not make reasonable offers to unrepresentative people. In most cases, we can get you a much better settlement than what the insurance company offers.
What happens if I am partially at fault for the accident in Alabama?
Contributory negligence means if you are at fault at all, you cannot recover anything in your case. Talk to an attorney before you just believe the insurance company. Insurance companies often say you were 1% at fault to avoid paying you what you deserve.
Can I recover if I am a passenger injured in an accident?
Yes. You can recover against the other driver if they are at fault. You can even recover against the driver of your vehicle if they were wanton. If one or both drivers are at fault, and are uninsured or underinsured, you may be able to recover from your own uninsured or underinsured automobile insurance.
Can I recover if the other driver is uninsured, underinsured or leaves the scene?
Yes. If you have uninsured and underinsured coverage on your own insurance, you can recover just like you can from the other driver.
Who is responsible for my rental vehicle?
If the other person is at fault, his or her insurance company will provide a rental. If liability is being debated, you should be able to obtain a rental from your insurance company.
- 32% write text while driving.
- 42% read texts while driving.
- 70% of drivers talk on a cellphone while driving.
- 48% say they have driven 15 mph over the speed limit on a freeway.
- 32% admitting to drowsy driving. Drowsy driving kills — it claimed 795 lives in 20172017.
- 39% reporting running red light.
- 13% admitting to driving under the influence of alcohol.
The Car Accident Settlement Process in Alabama
Our car accident will discuss the facts of your case in an honest straightforward manner, including the odds of you winning and losing in court. We will go over your medicals records, bills and wage loss information and explain how we calculate the value of your claim. At that point, we will make a demand on the insurance company in your case. If they do not make you a fair and reasonable offer, we will go to trial if needed. Usually a trial can be avoided and a favorable settlement reached. Our goal is to get you a fair settlement. We are not a settlement mill law firm that will talk you down in terms of settlement, to benefit us. You decide if the settlement is fair to you. To reach an experienced Alabama car accident attorney, please call us at 256-534-3435.
Steps in a Alabama Auto Accident
Draft and file complaint. The complaint lists the details of what happened in the accident, the damages claimed from the accident, and why the defendant is responsible for the accident. The complaint is then served on the defendant. The defendant normally has 30 das to answer the complaint, unless the complaint is served with discovery. If the defendant has insurance, the insurance complaint for the defendant normally hires an attorney to answer the complaint served on the defendant. After the complaint is answered the discovery process starts. This is where the parties exchange relevant information related to the case. This includes filing admissions, production, interrogatories and usually doing depositions. If the case does not settle, the parties often go to mediation in Decatur. If the case does not settle the case goes to trial. This is where you go in front of a jury and present opening statements, evidence and closing arguments. During the trial process, you have the right to settle at any time. If the other party provides a settlement offer that is satisfactory, you may settle the case before you get a jury verdict.
Free Case Review
Recovering compensation after a Decatur, Alabama automobile wreck can be difficult, and a knowledgeable Decatur auto accident lawyer can make all the difference. Making the decision to hire a auto accident lawyer is an important choice that takes careful consideration. Are you looking for an attorney by searching for the”best attorney near me”, or the “best lawyer near me”. With all of the cheesy out of town attorney television and billboard ads you see, it can be difficult to determine who to call. If you need a Decatur, Alabama automobile accident lawyer, you need to hire the best auto accident lawyer you can hire. Some lawyers, due to their lack of skill or resources, may not pursue all claims and compensation available to you. Many of the television and billboard attorneys have you talk to their paralegals. Don’t hire an attorney who you will never meet, or a law firm that bounces you between attorneys. If they send you the paperwork to sign, throw it in the garbage and call us. At Ferguson & Ferguson, you only deal with attorneys. A client should be able to get a hold of their attorney. All of our attorneys give their clients their cell phone numbers and email addresses. If you have been a victim of an automobile accident in Decatur, Alabama, do not hesitate to call our skilled and experienced personal injury attorneys for a free assessment of your situation. Our consultations are free. We can visit you or your loved one at a hospital, residence, or workplace. Take the first step and call us today if you’ve been seriously injured. Call now 1-800-752-1998 or 256-534-3435. We are here to help.
Huntsville Office Location:
303 Williams Avenue SW
Huntsville, AL 35801
Decatur Office Location:
401 Lee Street, Suite 607A
Decatur, AL 35601
Our auto accident attorneys serve every city and county in the State of Alabama.