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  • Writer's pictureGibbs & Sellers

Your options if seeking damages following injury crash

You have just been involved in a car accident, and you are emotional about it. At the same time, you feel frustrated, as the accident occurred due to another driver’s carelessness. On top of this, you are in pain, and you are worried about the injuries you have suffered in the accident.

Unfortunately, sometimes, serious injury accidents stem from a person’s negligence behind the wheel. Fortunately, if you are injured in this situation, you have the right to seek compensation for your accident injuries. Here is what you need to know about seeking damages following such an accident in Alabama.

Alabama law regarding fault in car accidents

Alabama happens to have a “tort” or “fault system.” This means that if you receive an injury in a car crash, you must demonstrate that the other driver was at fault in the crash before you can recover damages. This includes property damage, compensation for the pain and suffering that the accident caused, and even lost wages.

However, according to Alabama law, you cannot recover damages if you played a role in the crash. This is true even if your crash mostly stemmed from the other motorist’s carelessness.

Damage limits in Alabama

If you are thinking about filing a personal injury lawsuit, you have up to two years to do so. Outside of this, just a handful of limits on monetary damages exist in the state. One of these is the guest statute, which prevents non-paying passengers in cars from filing lawsuits against drivers unless the drivers were determined to have behaved recklessly. Reckless conduct may include driving while texting or driving at too fast of a speed for road conditions, for example.

In addition, if your injury car crash was the result of a police officer who was on duty, or another public employee, you may recover no more than $100,000 from the county or city.

Your rights in an injury-causing car accident

Figuring out how to navigate a personal injury claim can understandably be challenging. However, an attorney can guide you through this process with the aim of establishing liability before the civil court hearing your case. Only if this happens will a judge determine your claim for damages. Any monetary damages you receive may help you to cover your medical bills and other losses stemming from the injury crash.

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