We understand that finding a lawyer is challenging and can sometimes be a difficult process. Many of our clients have never been personally involved in a lawsuit before and have many questions. Here are some of the questions we are frequently asked:
Car Wrecks
Q: What do I do if I am involved in an automobile accident?
A: The most important thing to do after an automobile accident is to seek medical attention if necessary. You also need to call the police and fill out the appropriate paperwork. It will be necessary to obtain the other driver's insurance information and to notify your insurance company as soon as possible. Your own automobile insurance policy should have a provision that will pay some medical costs if you do not have health insurance. At some point subsequent to the accident, you will need to reach a settlement regarding the property damage to your vehicle.
Q: Should I contact an attorney?
A: If you are involved in a fender bender accident with just property damage, you can often handle the case on your own. However, you must be careful because the insurance company will have adjusters that handle these types of claims everyday, and they know all of the tricks. On the other hand, this will probably be your first dealings with an insurance adjuster. You should make a claim for the diminished value of your vehicle. Your vehicle will not be worth as much after it is repaired as it was before the accident simply because the automobile has been wrecked.
Q: How do I select an attorney?
A: The most important aspect in seeking an attorney is finding one whom you can trust. First, ask family, friends, or members of your church for a recommendation. You can also call your local bar association and ask for a referral. If you have dealt with an attorney before in family court or in a criminal matter, you can contact this lawyer and he/she can refer you to an attorney who handles car wrecks. You should beware of lawyers who advertise on television and in the yellow pages because every attorney holds himself out to be a "wrongful death" lawyer. Ask yourself the question, "If I needed brain surgery, would I check the yellow pages to find the best doctor?" Of course you wouldn't. You should ask numerous questions of your potential lawyer and ask them if they have handled cases involving eighteen wheelers, cases where wrongful death or serious injury were involved and if they have actually tried such cases in court.
Q: How do I pay an attorney?
A: Most attorneys work on what is called a contingency fee basis where the attorney will pay all of the expenses and charge no hourly fee. If there is a recovery, the expenses will be reimbursed to the attorney and the lawyer will take a certain percentage of the recovery as a fee. In a simple car wreck, thirty to forty percent is the common fee. If the case is lost, the client pays nothing.
Q: Can my case be settled without a lawsuit?
A: This varies on a case by case basis. Some insurance companies will do the right thing and others will delay and delay unless suit is filed. For the most part, it is rare that cases settle without a lawsuit when death or serious injuries are involved. The fact of the matter is that a lawyer can often increase the amount of recovery for the client.
Q: What is my role if a lawsuit is filed?
A: The client will need to answer written questions under oath asked by the opposing side. The client will also need to sit for a deposition where they answer questions from the opposing party's attorney. The client will also need to prepare for trial if settlement is not reached and testify at trial.
Q: What percentage of cases actually goes to trial?
A: Approximately 1 of 10 cases actually goes to trial.
Q: What damages am I entitled to recover?
A: Compensatory damages are damages such as past and future lost wages, mental anguish (loss of sleep, inconvenience, embarrassment), pain and suffering, and past and future medical bills. Punitive damages are designed to punish and deter certain conduct and are rewarded where there is reckless conduct, a conscious disregard of safety, and in wrongful death cases in Alabama.
Q: How much time do I have to file suit after a car wreck?
A: In Alabama, the statute of limitations is two years from the time of the wreck. However, suits should be filed well in advance of this deadline.
Q: What is uninsured/underinsured motorist coverage?
A: This is a very important area of the law. This coverage is used if an at-fault driver has no insurance or not enough insurance to cover your injuries. This is not the same as liability insurance which covers you if you are at fault in an accident. You should check your policy and make sure you have plenty of uninsured/underinsured motorist coverage. This will protect you and your family. Plus, this coverage is not very expensive.
Tractor/Trailer Cases
Q: If I am involved in a wreck with an eighteen wheeler, is it important to get an attorney early?
A: It is very important to retain an attorney if you are injured in a wreck with an eighteen wheeler. In these cases, the trucking company will have someone investigating the wreck almost immediately. You need someone investigating the wreck as well. Companies are only required to retain important records for a certain period after the accident. Therefore, an attorney needs to be involved so that he can ensure that these records are not destroyed. These records include drivers' logs, onboard computer data, and dispatch records.
Q: What are the Federal Motor Carrier Safety Regulations?
A: These are special rules and regulations which govern commercial motor vehicles and companies who operate these vehicles. They regulate such things as the amount of time a driver can drive before resting, the amount of rest required, the requirement that logs be kept, and the amount of weight that can be carried. The purpose of the Federal Motor Carrier Safety Regulations is to reduce accidents and save lives.
Q: Do certain lawyers or law firms specialize in trucking litigation?
A: Yes. Certain lawyers and law firms are extremely familiar with the Department of Transportation's rules and regulations and deal with these Federal laws on a day-to-day basis. These are very complex cases. Certain attorneys are familiar with the industry and experts in the industry. Further, attorneys specializing in these types of cases are familiar with the special licensing and training requirements of truck drivers.
Q: Who are potential Defendants in cases where people are injured by eighteen wheeler trucks?
A: The driver of the truck, the trucking company, the owner of the truck, the owner of the trailer, the company who maintained the vehicle, the manufacturer of the tractor or trailer, and/or the manufacturer of your vehicle.
Q: What are some of the common problems with the trucking industry that often lead to wrecks?
A: There are good and bad trucking companies. Everyone has had a bad experience with an eighteen wheeler truck. The bad companies put profit over safety. Companies that take shortcuts will put unsafe vehicles and drivers on the road. Drivers often drive when they are fatigued, they will speed or overload their vehicles. Some drivers have drug problems and extensive criminal backgrounds. To stay awake on the road, drivers will sometimes take amphetamines or "uppers." Drivers have also been known to use alcohol and marijuana while on the road. Drivers may also be poorly trained, their trucks may not be properly maintained, drivers may drive in bad weather conditions, they may drive aggressively, trucks may have improper reflectors, lights, or other warning devices, and the truck may not have the proper underride protection underguard.
