Experienced Personal Injury Attorney Representing Alabama Car Accident Victims
A car crash can be a traumatic experience and have long-term emotional and financial consequences for those involved. Whit Thomas, an experienced Foley auto accident lawyer, can provide you with the legal representation you need in the aftermath of a collision. With over three decades of legal experience, our practice can help you hold the careless parties responsible for their actions. Please give us a call to see how we can help you and your family.
Establishing Liability for a Car Accident
Collisions can occur for a variety of reasons, including speeding, distracted driving, drunk driving, swerving, reckless driving, poor weather conditions, unsafe lane changes, and many others. In some cases, a car accident can have multiple causes.
If you or someone close to you has been injured in a car crash, you may be able to seek compensation for your injuries and any costs associated with the accident. Under Alabama law, the victim of a car accident can sue the at-fault party under the theory of negligence.
To succeed on a negligence claim, the victim must prove the following four elements:
The defendant owed the victim a duty of reasonable care;
The defendant breached his or her duty of care by driving carelessly;
The defendant’s violation caused the accident; and
The victim suffered injuries or damages as a result of the accident.
Exercising reasonable care means acting as a reasonably prudent person would in the same or similar circumstances. It is a standard of care owed to others in society. For example, car drivers speeding or swerving excessively would breach their duty of care to others on the road. A speeding driver who causes an accident may be held liable for any injuries or damages that ensue.
In Alabama, you have two years from the date of the crash to file a claim for personal injury or property damage to your vehicle. It is critical to file within that time, or you may lose your right to have a court hear the case.