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Dog Bite Liability Laws In Alabama
Dogs are often considered beloved members of the family, and it can be easy to forget that they have the potential to cause serious harm. If you or a loved one has been the victim of a dog attack, it’s important to know how Alabama liability laws may impact your case. The personal injury attorneys at Moore Law Firm are well-versed in Alabama dog bite laws, and help clients understand the different legal approaches that may be taken in dog bite cases.
Dog Bite Statistics
Dog attacks can cause very serious injuries or death, particularly if the victim is a child. According to the Centers for Disease Control (CDC), approximately 4.5 million Americans are bitten by dogs each year. In a study published by Hunter College, in 2018, dog bites ranked as the 13th leading cause of nonfatal emergency department visits in the United States. Nearly 27,000 people required reconstructive surgery due to dog bite injuries in 2018 as well.
Alabama Dog Bite Laws
Alabama’s dog bite liability laws can be confusing. In some cases, the legal concept of strict liability comes into play, which means that a dog owner is liable for any injury their dog causes. However, it’s important to keep in mind that dog bite injury cases are not always cut and dry. Alabama dog bite laws vary, depending on whether an owner is aware that their dog is aggressive or dangerous.
If a dangerous dog bites someone without provocation, the owner is most likely liable, regardless of where the attack happens, but if a previously friendly dog bites or attacks, there are conditions and limits placed on claims.
Typically, the owner of a previously friendly dog is strictly liable if the bite occurs on property that they own or control, but if a bite happens in a public place, they may not be liable. However, local laws leash laws may also affect the dog owner’s liability under the concept of negligence per se, which is sometimes used in cases involving actions that violate the law. In addition, victims who are bitten by previously friendly dogs may only recover actual damages like medical bills and lost wages. They cannot demand non-economic damages such as pain and suffering.
If you can prove that an owner was aware of a dog’s aggressive tendencies and/or that their negligence caused injuries and damages, you may be entitled to non-economic damages. In rare cases where an owner’s actions were particularly egregious, a victim may be able to recover punitive damages as well. A personal injury lawyer can evaluate your case and determine which types of damages may be available to you, depending on the specifics of your claim.
What Is Emily’s Law?
In 2018, the Alabama legislature enacted Emily’s Law, which was named after Emily Colvin, a 24-year-old woman who was attacked and killed by dogs outside her home. This law established a uniform, statewide procedure for a dog to be officially declared dangerous.
If an investigation by animal control or law enforcement determines that the dog presents a threat, a trial is held before a municipal court or a district court to determine whether the dog should officially be designated as dangerous. If the dog has seriously injured someone or the attack resulted in wrongful death, the dog will likely be euthanized humanely.
If the dog did not cause serious injury, but the court deems it dangerous, the owner must:
- Register the dog with the county and pay any licensing and court fees
- Sign a sworn statement that the dog will be properly secured or supervised at all times
- Show that there is a secure, locked enclosure if the dog is left outside
- Obtain a $100,000 surety bond that covers bite-related costs such as medical bills
- Spay or neuter and microchip the dog
If a dangerous dog attacks someone, in addition to being civilly liable, the owner may face criminal charges. This can include felony charges and a fine of up to $30,000 if their dog severely injures or kills someone.
How An Alabama Personal Injury Lawyer Can help
The statute of limitations for a dog bite claim in Alabama is two years, but the sooner you contact a lawyer, the better. It’s critical to collect evidence in a timely manner and bring a claim while the details of the incident are still fresh in your mind. It’s also important to determine the most effective legal strategy based on the specifics of your dog bite case. Although it’s possible to bring a claim against a dog owner or their insurance company on your own, attempting to do so can be a losing battle. Hiring a dog bite lawyer can increase your chances of recovering the maximum compensation, help to ensure you get the medical treatment you need, and hold dog owners accountable for their actions.
Contact A Dog Bite Attorney In Mobile, AL
If you, your child, or another loved one has been injured in a dog attack, our personal injury attorneys at Moore Law Firm Mobile can help. Call us today at 251-445-7602 or contact us online to schedule a free consultation with a Mobile dog bite lawyer.
Steps To Take If You’re Hit By A Distracted Driver
Many states have laws that forbid the use of cell phones and other technology when motorists are behind the wheel, but unfortunately distracted driving still causes thousands of injuries and deaths each year. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, driver distraction was a factor in 9% of fatal crashes, 15% of collisions involving injury, and 15% of all police-reported motor vehicle traffic accidents. The car accident lawyers at Moore Law Firm know that after an accident, you may feel dazed and overwhelmed, but it’s important to take certain steps to protect your rights and interests.
What Is Distracted Driving?
Talking on the phone or texting and driving aren’t the only behaviors that are considered distracting. Anything that takes your attention away from the road can be a distraction. Causes of distracted driving include:
- Visual distractions such as reading texts or looking at children or pets in the car can all cause crashes.
- Manual distractions occur when a driver takes their hands off the wheel. Things like adjusting controls, eating or drinking, composing a text, rummaging through a bag, or putting on makeup while driving are common manual distractions.
- Cognitive distractions take a driver’s focus away from the operation of a vehicle. They include daydreaming, listening to music, talking on the phone, or having conversations with passengers in the vehicle.
A car traveling at 55 mph travels more than 80 feet per second. All of these distracted driving behaviors divert your attention from the road and can lead to a serious car accident in the blink of an eye.
What To Do If You’re Hit By A Distracted Driver
Call the police and seek medical attention. After an accident, it’s important to get yourself and any passengers to safety. Call 911 and wait for police and EMTs to arrive. Even if you don’t feel like you’ve been seriously injured, it’s critical to seek medical attention as soon as you can. Symptoms of some injuries don’t appear immediately. Visiting the ER or a doctor can help to ensure you get the care you need and provide valuable evidence should you decide to file a personal injury claim.
Collect information. Gather other involved parties’ names, contact information, and insurance information. It’s also a good idea to get their license plate and driver’s license numbers.
Take pictures. Take photos of the scene, your injuries, damage to vehicles and anything else you may think is relevant, like skid marks, signs, or guardrails.
Give a statement to law enforcement. If you noticed that the other driver was distracted, make sure to tell the police exactly what you saw. Ask for a copy of the police report.
Document what occurred. Jot down or voice record everything you can remember about what happened while it’s still fresh in your mind. These details can come in handy when proving that a distracted driver caused a collision.
Call an auto accident lawyer. You can report the accident to your own insurer, but don’t talk to any other driver’s insurance company or accept a settlement before speaking to a car accident attorney. A lawyer can evaluate your case and give you advice on how to proceed. If you have a viable claim, your personal injury attorney will conduct a thorough investigation of the accident, gather evidence, and put it all together to prove that the distracted driver was at fault and demonstrate how your injuries have affected you and your family. Your legal handles all negotiations with insurers and fights to recover the compensation you need to make a full recovery and move on with your life.
Contact A Car Accident Attorney In Mobile, AL
Our auto accident lawyers at Moore Law Firm have helped more than 12,000 injury victims find the healing and financial recovery they deserve. We offer free consultations and you won’t owe attorneys’ fees unless we recover compensation for you. Call us at 251-445-7602 or contact us online to schedule a complimentary case evaluation today.
Tips for Motorcycle Safety Awareness Month in Alabama
There’s nothing like enjoying a gorgeous day out on your motorcycle. However, motorcyclists face unique risks that need to be kept in mind. At Moore Law Firm in Mobile, AL, our motorcycle accident lawyers are dedicated to spreading awareness about how bikers can safeguard their well-being when they’re on the road. Motorcycle Safety Awareness Month is the perfect time to share some of these helpful tips that may just save your life.
Be Aware of Common Causes of Motorcycle Crashes
It’s extremely important to understand the specific risks that motorcyclists face. According to the National Highway Traffic Safety Administration, in 2019 alone, an estimated 84,000 motorcyclists were injured in accidents and 5,014 motorcyclists died, accounting for 14% of all traffic fatalities. Riding without the surrounding protection that other types of vehicles provide makes bikers much more susceptible to serious injuries and fatalities.
Some common causes of motorcycle accidents include:
- Other motorists failing to see motorcycles, especially while making a left turn
- Attempting to avoid or hitting road debris
- Slippery substances or gravel on the road
- Vehicles crashing into motorcycles while making lane changes
- Speeding (both motorcycles and other vehicles)
- Sudden stops and rear-end collisions
- Operating a motorcycle or another vehicle while under the influence of alcohol or drugs
Being aware of these potential dangers can help you avoid them and stay safer on the road.
Follow Alabama Traffic Laws
It’s vital to follow the rules of the road when riding your motorcycle. Speeding can easily lead to catastrophic or fatal accidents, especially if you’re traveling on windy roads or encounter stopped traffic. In Alabama, two motorcycles are allowed to ride side by side in one lane, but it’s important to be extra cautious if you travel this way. Avoid lane splitting completely, as it is against the law in Alabama. Motorcycle safety laws also require riders to wear a helmet at all times. Even if you’re riding in a state that doesn’t require a helmet, motorcycle accident attorneys recommend that both operators and passengers of motorcycles wear DOT-approved helmets.
Make Yourself Visible
Unfortunately, many motorists fail to pay attention to motorcyclists. Always watch out for vehicles making turns, ride with your headlights on, and use turn signals. Another thing to avoid is riding in the blind spots of other vehicles, especially tractor-trailers and other large commercial vehicles.
Invest in Proper Motorcycle Gear
In addition to using a helmet that meets Alabama Department of Safety (DOT) standards, wearing clothing that protects your body can help prevent road rash, lacerations, and other injuries. Some items to consider include:
- Leather jackets and pants that fully cover your arms and legs
- Boots that extend above the ankle
- Gloves that protect your hands and help you grip
- Eye protection such as goggles or a visor connected to your helmet
Wearing reflective protective gear also can help to alert other drivers to your presence.
Practice Active Awareness When You’re on the Road
Being observant and proactive about avoiding potential dangers saves lives. Make sure to look ahead for obstructions or potholes, leave plenty of distance between you and other vehicles, and proceed with caution at intersections – this is where most motorcycle accidents take place. One way to stay on top of your game is to take motorcycle safety classes to hone your skills and learn techniques for safely navigating hazards.
Perform a Safety Check Before You Ride
Checking the weather forecast and doing a quick inspection before you hop on your bike not only helps you stay safe, but it can also help you sidestep the hassle of dealing with a flat tire or breakdown. Make sure to:
- Check tire pressure and look for any damage to tires
- Test the horn, headlights, turn signals, and brakes
- Look for signs of oil or coolant leaks
- Properly secure and balance saddlebags or cargo
Avoid Riding Under the Influence
If you plan to ride your bike, avoid consuming alcohol, marijuana, and other drugs that could affect your coordination and lead to a DUI accident. Although it’s not illegal to ride your motorcycle as long as your BAC is under the legal limit, it’s best to hitch a ride with someone else if you drink.
Contact a Motorcycle Accident Attorney to Learn More
At Moore Law Firm, we understand that being hurt in a crash can have devastating consequences. For more than 35 years, our motorcycle accident lawyers have helped personal injury victims in Alabama recover the compensation they need to move on with their lives. To schedule a free consultation, contact us online, call 251-445-7602, or use the convenient chat feature on our website to get in touch. We handle numerous areas of practice.
When Do You Need a Lawyer for A Dog Bite?
Dogs and other pets are often considered part of the family. Unfortunately, our furry friends can lash out sometimes, and dog bites and attacks can lead to serious injury or death. If you or someone you love has been the victim of a dog bite, you may be wondering if you should seek the counsel of a personal injury lawyer. The dog bite lawyers at Moore Law Firm in Mobile, AL, provide case evaluations at no charge, so it can’t hurt to speak to an attorney if you’ve been the victim of a dog attack.
Dog Bite Statistics
According to the Centers for Disease Control and Prevention, about 4.5 million Americans are bitten by dogs each year. Few of these people end up being compensated for medical bills, lost wages, pain, suffering, and other damages. Even those who submit claims with insurance companies often are denied compensation or don’t receive enough to cover all injury-related costs. A personal injury attorney can negotiate with insurance adjusters and may take your case to court if necessary to help you get the maximum compensation you need to protect your health and financial security.
Are Dog Bite Claims Worth It?
The short answer? Yes. Even injuries that seem minor at the outset can become worse if infection or other problems set in. A bite on the face or other area may cause scarring, which can affect you emotionally and socially as well as physically. If you’ve lost a loved one due to a dog attack, you may be entitled to file a wrongful death claim.
It’s especially important to file a personal injury claim if you’ve been hurt and don’t have the resources to cover all of your medical costs, injuries are severe, or if the victim is a child. In Alabama, dog owners are liable for damages when their dog bites or injures someone on the dog owner’s property as long as the injured person is lawfully on that property at the time of the injury. If a dog owner can show they were unaware of the dog’s dangerous propensity, they only have to cover all the victim’s actual expenses related to the bite or attack.
Pursuing damages such as pain and suffering is more challenging, and there are several legal approaches that may be effective based on the legal tenet of negligence. If you can show that the dog owner was negligent, you may be able to recover other damages in addition to the cost of medical bills. Regardless of how severe your injury is, it’s a good idea to have a dog bite lawyer take a look at your case to ensure your rights are protected.
What to Do if You Are Bitten or Attacked By a Dog
Many dog bite cases can be handled between the dog owner and the victim, but unfortunately, some pet owners don’t want to take responsibility when their animal bites someone. That’s why it’s crucial to act in a timely manner if an owner refuses to pay for treatment or won’t submit a claim with their homeowners or renters’ insurance. These important steps can help safeguard your rights if you’ve been bitten or attacked by a dog:
- Obtain contact information from the dog’s owner and any witnesses
- Take photos of your injuries
- Seek medical attention immediately
- Follow the doctor’s orders for caring for your injuries
- Write down everything you can remember about what happened
- Report the incident to your local animal control as soon as possible
- Contact a personal injury lawyer
How a Dog Bite Lawyer Can Help
After a dog bite injury, you may feel overwhelmed and unsure of what to do. An attorney can help you understand your rights and options and give you the support you need to get through tough times. Proving liability in personal injury cases can be challenging, and if you go it alone you may not recover a sufficient amount of compensation or any compensation at all.
When injuries are severe, treatment for dog bites can cost hundreds of thousands of dollars, not to mention the pain and inconvenience you may deal with if you have to undergo plastic surgeries and other treatment. Frankly, insurance companies don’t care about your well-being, livelihood, or finances. Their main goal is to pay out as little as possible, and they are well-versed in strategies that allow them to do so.
A dog bite lawyer can aggressively pursue compensation and combat the insurance company’s tactics. Your lawyer also will investigate the incident, contact witnesses, collect medical evidence, and put everything together to prove liability to help you recover the maximum compensation you deserve for your damages.
Contact A Personal Injury Lawyer In Mobile, Alabama
At Moore Law Firm in Mobile, AL, our dog bite lawyers are dedicated to fighting for your rights and helping you recover the compensation you need to heal and move on with your life after an animal attack.Contact us online, call 251-445-7602, or use the convenient chat feature on our website to schedule a free consultation today.
Factors That Influence Dog Bite Claims In Alabama
Many people consider their dogs much-loved members of the family, but it’s important to remember that they are animals and can cause injury. Approximately 4.5 million dog bites occur in the United States each year. Nearly 800,000 of those bites require medical care, according to a study from the Centers For Disease Control and Prevention (CDC).
So who is liable when a dog bites someone? The complexities of dog bite statutes in Alabama can be confusing. The personal injury lawyers at Moore Law Firm have successfully handled dog bite claims for more than 30 years, and can help you understand your rights and options if you’ve been hurt by a dog or another pet.
Alabama Dog Bite Law
There are important distinctions in Alabama’s dog bite laws that can affect your personal injury claim. Dog bite laws in Alabama vary, depending on whether someone knows their dog is aggressive or dangerous.
Dangerous dogs – When owners of a dog that is known to be dangerous are careless or let it wander about, they are liable if it bites someone without provocation
Average dogs – An owner can be strictly liable if their dog bites someone who is on their property legally (i.e. postal worker) and didn’t provoke the animal. Otherwise, the determination is based on the dangerous propensity of the dog and knowledge of the owner.
Dog Bite Claims In Alabama
The tricky thing about Alabama dog bite law is that there are limits to the damages that may be recovered if the dog was previously friendly (average). The bite must occur when an injured victim is on the owner’s property or has left their property and is being followed by the dog. Typically, when a previously friendly dog bites someone in a public place the owner may not be liable. Another issue that can throw a wrench in a dog bite claim is that injured victims can only recover actual damages such as medical bills and wage loss. They are normally not entitled to non-economic damages like pain and suffering or emotional distress.
However, if an injured victim can prove that the owner knew about a dog’s aggressive tendencies, they may be able to recover non-economic damages. That’s why it’s vital to contact an experienced personal injury lawyer to determine what recourse you may have if you’ve been the victim of a dog bite in Alabama.
What Is Emily’s Law?
Named after a young woman who died due to a dog attack, Emily’s Law was enacted in 2018. Complaints about dangerous dogs in Alabama must now be investigated by county officials. Owners of dangerous dogs are now required by law to take the following precautions:
- Register the dog with the county and pay an annual fee
- Sign an affidavit that states the dangerous dog will always be appropriately secured and supervised
- Show that there is a locked enclosure for the dog
- Acquire a $100,000 surety bond that covers the dog
- Spay or neuter and microchip the animal
If a dog that is designated dangerous by the county attacks someone, it may be euthanized, the owner may be subject to personal injury claims, and may even face criminal charges.
How Dog Attack Victims Can Recover Compensation
Dog bites and attacks can lead to catastrophic injuries, especially when a child is involved. Pursuing all possible sources of compensation can help to ensure you or your loved one gets the care they need and holds negligent dog owners accountable. Most homeowner’s insurance policies cover dog bites, although some breeds may be excluded from coverage.
If an owner has a surety bond on their dog, that money should go to an injured victim if the dog attacks someone. An experienced dog bite attorney can help you find out which options may be available to you and fight to help you recover the maximum compensation you need and deserve. The statute of limitations for filing a claim is two years, so it’s critical to contact an attorney right away.
What To Do After A Dog Bite
A dog attack can be a chaotic scene. Try to stay calm, make sure everyone is safe, and seek medical attention as soon as possible. If someone has suffered serious injuries or the dog can’t be subdued, call 911. If possible, get contact information from any witnesses and obtain the insurance information of the dog owner as well.
It’s always a good idea to see a doctor any time you are involved in an accident or bitten by a dog. Medical records are vital evidence that can back up your story and help your lawyer put an accurate value on your claim. Make sure to take photos of your injuries and write down everything about the incident while it’s fresh in your mind. It’s also important to file a report with animal control in your city or county.
How A Dog Bite Attorney Can Help
Dog bite cases can be complex, especially when a victim suffers serious injury. A personal injury lawyer can evaluate your claim and advise you of the most effective course of action to recover compensation. Dealing with insurance companies can be stressful and unpleasant. Your dog bite lawyer can handle all communication and negotiations and help to ensure your claim is not undervalued.
Contact A Mobile Dog Bite Attorney
At Moore Law Firm, our personal injury lawyers have helped hundreds of dog bite victims recover the compensation they deserve. Contact us online, call 251-445-7602, or use the convenient chat feature on our website to schedule a free consultation.
Can I Sue for Emotional Distress from A Car Accident?
After a car accident, injured victims often suffer physical pain from their injuries. However, an unseen repercussion of being involved in a crash is emotional distress. This type of trauma can be life-changing and manifest in many different ways. Seeking damages for emotional distress after a car accident in Alabama can be challenging, but it is possible. For more than 35 years, the car accident attorneys at Moore Law Firm have helped personal injury victims and their families recover all types of damages stemming from car accidents caused by negligence. Learning more about emotional distress can help you understand the law and how it may apply in your case.
What Is Emotional Distress?
Emotional distress comprises the negative mental consequences a victim experiences after an accident. Many injured victims underestimate the psychological impact a car accident can have on their lives. Dealing with serious physical pain can affect your mental health, and typical daily tasks may become impossible to perform, which can be frustrating.
Fear, insomnia, nightmares, headaches, and constant worry can be serious problems that affect your quality of life. Emotional distress from a car accident can also manifest in the form of embarrassment or indignity if you’ve been seriously disabled or disfigured. Some common emotional issues that injured victims often deal with include:
Sadness and depression – An injury that affects your mobility, ability to work, and keeps you from doing things you love can make you feel sad and depressed. Even if you eventually make a full recovery, depression can stick with you and have a long-term impact on your life and sense of well-being. Serious conditions like traumatic brain injury can also cause depression, headaches, cognitive issues, and behavioral changes.
Anger and antisocial behavior – Injured victims may be irritable, lash out in anger, or even become violent due to the frustration they feel when trying to cope with the changes they’re going through. They may be angry at the people they feel are responsible for the accident and may even harbor resentments towards themselves for being injured. They may withdraw from family and friends, which can negatively affect their mental state even more.
Anxiety – Feeling anxious about your injuries, medical treatment, and what may lie ahead is normal, but it can become crippling. Panic attacks and PTSD due to trauma suffered during and after a car accident can interfere with sleep and take a serious toll on an injured victim’s overall health. Some victims fear driving or even getting in a car so much that they end up isolating themselves completely.
Proving Emotional Distress In An Alabama Car Accident Claim
In Alabama, it’s tough to recover damages for emotional distress alone, as the law only allows recovery for an intentional infliction of emotional distress. However, damages for mental anguish and pain and suffering may be included in a car accident claim. It’s important to keep in mind that pain and suffering damages must be proven to recover compensation. It can be particularly tough to prove mental anguish if you haven’t suffered any physical injuries.
Some important factors that will be considered to prove emotional distress include:
- The severity and circumstances of the accident
- The amount of time you have suffered from emotional distress/mental anguish
- The severity of your symptoms
- How your emotional distress has impacted your quality of life
- Treatment and medication you have received for your mental condition
Although the testimony of doctors, psychologists, and other professionals can help prove your pain and suffering, documentation of your experience can provide very powerful evidence. After your accident, keep a journal of how you feel physically and emotionally every day. If you fail to keep a journal and are called to testify later, it can be hard to describe how you’ve felt over a period of time.
How Much Will I Receive In Damages For Emotional Distress After A Car Accident?
Putting a price tag on non-tangible losses like pain and suffering, emotional distress, and mental anguish is difficult. That’s why hiring an experienced car accident attorney is critical to helping you recover the full amount of compensation you deserve to make things right. Insurance companies will try and minimize your physical and emotional injuries, but with a seasoned personal injury attorney fighting for your rights, you have a much better chance of making a recovery that can help you get the treatment and financial stability you need to move on with your life.
Contact A Mobile Car Accident Lawyer To Learn More
At Moore Law Firm, we’re dedicated to protecting and fighting for injured victims’ rights. If you or a loved one has been hurt in a car accident and is suffering from emotional distress, contact us online, call us at 251-445-7602, or use the convenient chat feature on our website to schedule a free consultation today.
Can I Sue a Truck Driver’s Employer in A Truck Accident Claim?
Contact A Mobile Truck Accident Lawyer
After an accident with a tractor-trailer or other commercial vehicle, it can be tough to figure out who may be liable for damages. Suing a trucking company can be daunting, so it’s important to know what you’re getting into before filing a claim. The personal injury lawyers at Moore Law Firm have successfully recovered compensation for injured victims in all types of truck accident liability cases. Understanding the factors that determine who may be liable for your injuries and losses can help you make informed decisions when it comes to option for recovering compensation.
Who Is Liable In A Truck Accident Claim?
It depends. The circumstances surrounding an accident and whether or not a driver is an independent contractor or employee of the trucking company are two crucial elements that must be considered. Determining who may be responsible can be a complex process and require extensive investigation, so it’s critical to hire a personal injury lawyer who has extensive experience handling and winning truck accident cases.
When The Driver Is An Employee Of A Trucking Company
When the driver is an employee or agent of the trucking company that owns or leases a vehicle, they are typically responsible for damages if an accident was the driver’s fault. If the operator was negligent, both the driver and trucking company may be jointly and severally (individually) liable. This means that an injured victim or the family of someone who was killed in a truck accident may file a claim against either or both the negligent truck driver and trucking company.
What If A Truck Driver Is An Independent Contractor?
The circumstances and facts surrounding the relationship between the driver and trucking company are vital. It’s good to be wary when a trucking company claims that a driver involved in an accident is working as an independent contractor. Merely stating that a driver is not an agent of the company doesn’t prove that the driver isn’t an employee. Your truck accident attorney will thoroughly investigate to determine whether the driver is truly an independent contractor or employee or agent of the company.
Unfortunately, some trucking companies will engage in underhanded tactics to give a false impression that a driver is an independent contractor when they are really an employee or agent. For example, trucking companies may “lease” their trucks to “independent operators” who transport goods exclusively for that trucking company. However, when these claims are scrutinized, it often turns out that a driver is on the payroll of the company.
It’s important to note that a driver may work as an independent contractor for some trucking companies and be an employee or agent of another. If a truck driver is truly an independent contractor, your options for recovering compensation may be limited. You may have to file a claim with the driver’s insurance company and possibly your own insurer, not the trucking company.
Proving Negligence In A Truck Accident Liability Claim
Just because you were involved in a crash with a truck, it doesn’t mean the driver or trucking company was at fault. Regardless of which parties may be liable, you must prove negligence to recover compensation in a truck accident claim. There are four basic elements that must be shown to prove liability, including:
- The driver had a duty to be reasonably careful
- The driver breached that duty
- Their breach of duty caused your injuries
- You suffered demonstrable damages or losses
Investigation Of Truck Accident Claims
Although proving these elements can seem straightforward, extensive investigation of a truck accident claim is usually necessary. This involves getting the trucker’s driving log, data from the black box recorder in the vehicle, evidence of whether the driver and trucking company followed Federal Motor Carrier Safety Administration regulations, and other valuable evidence, such as a driver’s training, driving, and medical records, maintenance and repair documentation, and expert testimony from accident reconstructionists and professionals involved in the trucking industry.
If a maintenance and inspection company, parts manufacturer, or vehicle manufacturer was negligent, they may be liable for damages as well. Putting all of the facts and information together to create a strong truck accident liability claim is challenging. Our attorneys know how to build a compelling case that proves liability and negligence, fight to hold all relevant parties responsible for their actions and negotiate aggressively on your behalf to recover the maximum compensation you deserve.
Contact A Mobile Truck Accident Lawyer
Truck accident liability can be confusing and overwhelming, especially when you’re injured and trying to on your recovery. At Moore Law Firm, our Mobile truck accident attorneys know how to investigate these cases and fight to recover maximum compensation for injured victims. If you’ve been hurt or have lost a loved one in a trucking accident, contact us online, call us at 251-445-7602, or use the convenient chat feature on our website for a free consultation.
How Much Does A Car Accident Lawyer Cost?
Finding a lawyer after a car accident can be overwhelming, especially if you’re unsure of how you’ll pay for their services. Finding out how much a car accident lawyer will cost can set your mind at ease and help you make informed decisions about who you want to hire. The personal injury lawyers at Moore Law Firm work on contingency, which is the most common way attorneys get paid for car accident cases.
What Is A Contingency Fee?
The vast majority of car accident attorneys charge a contingency fee, which means they don’t get paid unless they obtain a financial recovery for a personal injury client. The fee is usually a certain percentage of the total settlement amount and can range anywhere from 33% – 50%, depending on the complexity of the case.
Unfortunately, lawyers who charge more than 33% often end up taking home more than their injured clients when all is said and done. However, Moore Law Firm’s personal injury attorneys believe clients should always come away with more in their pockets when recovering compensation for serious injuries and losses. In addition to charging a low 33 1/3% contingency fee, they will adjust the amount the firm collects from a settlement to ensure the client receives more than the attorney, regardless of the cost of medical bills and the total amount of the award. This can result in personal injury victims receiving tens of thousands more than they would have if they had chosen an attorney who charged higher contingency fees and didn’t offer a fee guarantee.
Before a lawyer begins to work on your case, you’ll discuss payment and sign an agreement that specifies what their contingency fee will be and how other costs will be paid. Most car accident attorneys offer free case evaluations, so you have nothing to lose if you contact a lawyer after being injured or losing a loved one in a crash.
Benefits Of Contingency Fees
Contingency fees benefit both the client and their car accident attorney. The injured party doesn’t have to come up with a large sum of money to hire a lawyer, and contingency fees motivate attorneys and their legal teams to do their best and work hard to recover maximum compensation for their clients. This doesn’t mean that car accident lawyers only take cases in which they know the award will be hundreds of thousands or millions of dollars. Many personal injury attorneys are happy to take on smaller cases when they believe a client has a solid, recoverable claim.
Know What You’re Getting Into Before You Sign On The Dotted Line
Having a clear understanding of how much a car accident lawyer’s services may cost before you sign an agreement is essential. Carefully review the contract and ask questions if you’re confused about how the contingency fee works or how other costs will be paid. Up-front expenses such as expert witnesses, court filings, and medical records requests may be deducted from a car accident settlement or award you receive. It’s also important to find out if you’re responsible for reimbursing your attorney for these out-of-pocket costs if they fail to recover compensation for you.
Knowing exactly what your financial obligations for legal representation are can save a lot of headaches down the road and allow you to focus on what’s important—healing and moving on with your life. If someone is hesitant to answer questions or explain specifics so you have a full grasp of how much your auto accident attorney will cost, it’s probably best to continue your search for another lawyer.
Contact A Car Accident Lawyer To Learn More
At Moore Law Firm, we’re dedicated to helping clients get through difficult times. We put our experience to work for you and won’t back down in our pursuit to recover the maximum compensation you deserve. If you’ve been injured due to someone else’s negligence and have questions about how much a car accident lawyer will cost, contact us online or use the convenient chat feature on our website. You can also call our Mobile, AL office at 251-445-7602 to schedule a free consultation. We proudly serve personal injury clients in Mobile and throughout the state of
Can I Sue for A Car Accident if I Wasn’t Injured?
Even if you’re not injured in a car accident, a damaged or totaled vehicle can be more than a minor inconvenience. When someone else’s negligence causes a crash, they may be responsible for paying the costs of repairing or replacing your vehicle. Typically, these types of claims are more easily settled than personal injury claims.
The Cost of Property Damage Caused by Accidents
According to the most recent study on the economic impact of motor vehicle crashes by the NHTSA, the yearly cost of damage-only accidents is $71 billion in the United States. If you have comprehensive coverage, you may be able to recover compensation for property damage from your insurance company.
However, if someone else was responsible for causing the accident, you could pursue a claim with their insurance company. Unfortunately, many people on Alabama roadways are uninsured or underinsured. In these cases, filing a claim with your insurance company is the easiest way to get repair costs covered.
Building A Property Damage Claim
In a claim involving property damage to your vehicle, you typically must demonstrate three things to prove the other party’s negligence:
- The other motorist’s actions caused property damage
- The other driver failed to practice reasonable care before the accident occurred
- You suffered tangible financial losses
Even if you’re involved in a minor fender bender, it’s important to call the police after an accident, regardless of whether you were injured. An accident report can provide evidence of how the accident occurred and who was responsible for causing the crash. If a negligent driver admits to police that they were at fault, that information may be included in an accident report, as well. Other evidence to support your claim includes photos and video of the scene and damage to your vehicle, witness statements, and repair bills.
Damages That May Be Covered
In a car accident claim that doesn’t involve injury but damaged your vehicle, you may be able to seek compensation for:
- The cost of repairing the damage or replacing your car or other property
- The cost of a rental car or public transportation while you were without your vehicle
- Lost wages/ Loss of Use from time spent away from work due to the accident
- Diminished Value of the vehicle if the vehicle is relatively new
Make sure to save all accident-related bills and receipts you have as proof of your losses.
Hiring an Attorney
The majority of car accident settlements that don’t include compensation for injuries are typically negotiated out of court. Litigation is costly and time consuming for everyone involved. Most insurance companies would rather settle out of court to save time and money. However, if a negligent party or insurance company refuses to provide the amount you deserve, filing a property damage lawsuit may be the only way to recover any money.
Because you’ll have to present your case to a judge or jury, hiring an attorney is beneficial. A car accident lawyer can investigate the circumstances surrounding the crash, collect evidence, put an accurate value on your damages, and build a solid claim. Before you go to trial, your lawyer may even be able to negotiate a fair settlement with the insurance company. Having a lawyer handle your case can also cut down on the stress that’s often involved when dealing with a property damage claim.
The maximum amount a party may sue for in small claims court in Alabama is $6,000. If your total amount of damages is less or close to this amount, taking your case to small claims court may be your best bet.
What Should You Do When Your Personal Injury Claim Is Against the Government?
When you’re hurt due to someone else’s negligence, a personal injury claim is a legal remedy you may pursue to recover damages. But what happens when you’re injured due to the negligence of a government entity or employee? The attorneys at Moore Law Firm realize that winning a personal injury claim against the government is challenging.
Understanding the special protections that many governmental agencies enjoy and following Alabama’s strict guidelines for bringing a personal injury claim against them is vital. An experienced lawyer can advise you if local or federal laws and regulations apply in your case.
Personal Injury Claims Against the Government in Alabama
The Alabama Constitution provides protections for the state and claims “the State of Alabama shall never be made a defendant in any court of law or equity.” This is based on the idea of sovereign immunity, which stems from the old English concept that no one could hold the king accountable for any wrongdoing since the king made the laws. Although there are very few exceptions in Alabama, each U.S. state still considers this rule, which makes it tough to win or even bring a personal injury claim against the government.
Alabama law provides distinctions between claims against state government entities and claims against its employees acting as individuals. Practically all state claims in Alabama are barred due to immunity. Still, state-agent claims involving individual employees are allowed if the employee who caused harm failed to act in good faith and behaved, “contrary to clearly established law.”
If you’re unfamiliar with Alabama law and the processes involved in filing this type of claim, you likely won’t get far if you attempt to file a lawsuit on your own. That’s why it’s vital to contact a personal injury attorney who can assess your case and advise you of your options.
How to File a Personal Injury Claim Against a Government Employee or Entity
Although these claims can be filed in the state’s civil court, it’s vital to determine whether your claim is against an employee of the state or local government, such as a county or city worker. Rules vary by jurisdiction, so seeking the counsel of a local personal injury lawyer who understands the ins and outs of state and municipal law is critical. It’s important to act fast. In Alabama, formal claims against a municipality must be brought within six months of the date of injury and within one year if you’re filing a claim against a county.
If you’re bringing a claim against a state worker, the Alabama statute of limitations for personal injury claims is typically two years from the date of the accident or injury. Other exceptions apply in cases involving minors. If an injured victim is a minor in the state of Alabama (19), the statute of limitations begins when they turn 19.
What Is a Notice of Claim?
Most federal, state, and local governments require you to file a Notice of Claim with the proper agency before actually filing a lawsuit. The Notice of Claim’s purpose is to inform the government of your intention to bring a suit against them. Having a lawyer assist you with your Notice of Claim is important because it must be filed with the proper agency within strict deadlines and contain specific information, such as explaining what occurred, evidence of your injuries, and other vital information. If a Notice of Claim isn’t properly executed, it may be denied before you even get a chance to file a lawsuit.
Why You Should Consult a Lawyer Before Filing a Personal Injury Claim
Bringing a personal injury claim against the government is a complex process. Most personal injury lawyers offer free consultations and work on contingency, meaning you won’t owe attorney fees unless compensation is recovered in your case. Having an experienced attorney handling lawsuits against government entities evaluate your case is a win-win. Even if they determine that you don’t have a viable claim, at least you won’t have to expend time and energy filing a claim only to have it be denied. If a personal injury attorney advises you to proceed with your claim, you’ll have someone by your side to guide you through the process, acting as your advocate.
Contact a Mobile Personal Injury Lawyer
Our team at Moore Law Firm in Mobile, Alabama, understands that filing a personal injury claim against the government can be daunting. Our personal injury attorneys have more than 35 years of experience handling claims against local, state, and federal governmental agencies. We care about our clients and fight aggressively to help you recover the maximum compensation you need and deserve. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us online to schedule a consultation.
Do I Need A Lawyer After A Car Accident?
Being involved in a car accident can leave you shaken and unsure of the next steps to take. If you or a loved one has been injured, an experienced car accident lawyer can help you understand your rights and options for recovering compensation, giving you peace of mind. Like most personal injury lawyers, the car accident attorneys at Moore Law Firm offer a free initial consultation, enabling clients to have their case evaluated without paying any fees.
When To Contact A Car Accident Attorney
Although most minor crashes don’t require the assistance of a car accident attorney, there are cases in which it’s vital to have legal representation to ensure your rights are protected. You should definitely contact a lawyer as soon as possible if:
- Someone else’s negligence causes a motor vehicle accident
- An accident causes injury to you or someone you love
- An accident leads to the wrongful death of a loved one
- You are unable to work because of your injuries
- Fault is not clearly established after a crash
- You were injured as a pedestrian, bicyclist, or motorcyclist
- You’re involved in a crash with a tractor-trailer or other commercial truck
- A collision occurred in a construction or school zone
- You disagree with what is stated in the police report
- A crash involves an uninsured or underinsured driver
- An accident involves a driver who was under the influence
- The other driver’s insurance company disputes your claim, even though their insured was at fault
- Your own auto insurance company denies your claim
The sooner you contact a car accident lawyer, the better. In Alabama, you have two years from the date of injury to file a claim. Valuable evidence may be lost or compromised if you don’t act fast. Even if you believe your injuries aren’t severe, symptoms of certain conditions may not show up for days or weeks. Going to the emergency room or seeing a medical provider shortly after your accident can provide documentation that may be valuable if you proceed with a personal injury claim.
Benefits of Hiring An Auto Accident Lawyer
Hiring an attorney can help take some of the weight off your shoulders during the healing process. Your car accident attorney acts as your advocate, which means you have someone in your corner who will fight against unscrupulous insurance companies and work to recover maximum compensation for your damages. Insurance companies are not concerned with your health or ability to earn a living — their main goal is to pay as little on claims as possible.
If you’ve been involved in an accident, do not give a statement to an insurance adjuster, sign anything, or accept a settlement without speaking to a lawyer first. A car accident attorney knows how to accurately value your claim and handle all negotiations with insurers.
An Attorney Can Help You Recover A Bigger Settlement
Although it can be tempting to go it alone, injured victims who have an attorney representing their interests recover significantly larger settlements than those who negotiate on their own behalf. Skilled car accident attorneys are well-versed in the law and understand how to prove fault in personal injury cases. They also have extensive experience investigating car accidents. Their teams often employ the help of professionals, such as accident reconstructionists, medical experts, and private investigators, to prove fault and hold all responsible parties accountable.
Depending on your specific circumstances, lawyers may be able to help you recover compensation for:
- Past and future medical expenses
- Past and future loss of income
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
- Wrongful death
- Other applicable damages
Another benefit of hiring a car accident attorney is that they take cases on a contingency basis. This means you won’t incur any up-front costs or owe attorney fees unless they recover compensation for you. Fighting for injured victims is about more than money for most personal injury lawyers — they truly care about their clients and are dedicated to helping them receive the justice and compensation they deserve.
Contact A Car Accident Lawyer Today
Over the past 35 years, the Attorneys at Moore Law Firm has represented more than 12,000 personal injury victims. If you’ve been hurt or have lost a loved one due to someone else’s negligence, our car accident lawyers fight for your rights and won’t back down until we obtain the maximum recovery you need to protect your health and financial future. To schedule a free consultation, call us at 251-445-7602, use the convenient chat feature on our website, or contact us online.
Personal Injury Law 101 — What You Need To Know
At Moore Law Firm, our attorneys have helped more than 12,000 clients seek compensation for their damages in all types of personal injury cases. We believe that the more our clients know about the law, the more empowered they feel to make well-informed decisions. Knowing what to expect if you’re considering filing a personal injury claim can help you better understand the process and potential outcomes that may result.
What Is Personal Injury Law?
Also known as tort law, personal injury law enables someone who has been harmed or injured to sue a negligent party or entity for damages in civil court. Financial settlements or awards in tort cases are intended to make the injured person “whole” after they have suffered an injury due to someone else’s negligence or intentional act.
The Elements Of Personal Injury Law
These four elements are typically applied to prove negligence in most personal injury cases, including:
- Duty of Care — In tort law, a duty of care is a legal obligation to practice a standard of reasonable care to avoid causing harm to others. For example, motorists are legally obligated to follow the rules of the road to keep themselves and others safe. In this situation, a motorist owes a duty of care to others.
- Breach of Duty — A person or entity that causes harm owes the person who was injured a duty of care, even if they breached that duty. For instance, if a dog owner knows their animal is prone to attacking people or other animals and lets it walk around unleashed or unsupervised, they have breached their duty of care.
- Causation— To prove causation, you must show that the negligent party’s breach of duty caused harm or losses to the person who was hurt, which can be challenging to do on your own. A lawyer who is experienced in personal injury law understands how to use evidence and the details surrounding the incident to prove causation.
- Damages— The final element that needs to be proven is damages, which means that the injured victim must demonstrate that they sustained loss of compensation or were harmed because of a breach of duty of care.
Common Types Of Personal Injury Cases
Accidents — When someone behaves negligently or carelessly and causes harm to another person, they may be liable for any injuries or damages that are generated. The most common personal injury cases involve motor vehicle crashes and premises liability, which includes slip and fall injuries, dog bites, and other scenarios in which someone is hurt on another person’s property.
Product liability — Designers, manufacturers, and sellers have a legal obligation to ensure their products are safe for reasonable use. They must provide adequate instructions for a product’s usage, and prominent warnings about its potential dangers must be apparent as well. Product liability can apply to a countless number of products, from faulty auto parts to medications with side effects that can cause harm.
Intentional acts — When someone causes deliberate harm to another, the injured person may bring a personal injury lawsuit against them. A common example of this is assault and battery.
Alabama Personal Injury Law
Alabama tort law is complex, and not necessarily victim-friendly, so having a personal injury attorney to represent your interests and protect your rights is crucial. For an adult, there’s a two-year statute of limitations for bringing a personal injury action, so it’s essential to act fast following an injury.
In Alabama, pure contributory negligence is applied in personal injury cases, which means if an injured person is determined to be even 1% at fault, they potentially cannot recover any damages regardless of how negligent a party’s conduct may be. However, there are some exceptions such as wanton on reckless conduct which is why it is important to reach out to an experienced personal injury attorney.
In addition, Alabama only awards punitive damages to the estate of victims of wrongful death, and only the severity of the defendant’s conduct is taken into account, not the value of the life of the person who died.
There are other limitations and nuances in Alabama personal injury law. If you’re unfamiliar with tort law, trying to represent yourself is usually a losing battle. A seasoned personal injury attorney can help you understand the law, how it’s applied, and what’s involved in building and proving a solid claim.
What’s The Process For Personal Injury Claims?
Although no two cases are the same, most personal injury claims follow similar paths. A person injured or harmed can usually bring a charge against a negligent party’s insurance company. Your lawyer knows how to accurately determine the value of your claim, depending on the extent of your injuries and losses. They’ll aggressively fight against the tactics insurance companies often use to discredit or devalue claims to ensure you recover the full and fair compensation to which you’re entitled.
Your personal injury lawyer will work to prove your case and handle all settlement negotiations. Most personal injury suits are settled out of court. However, if a reasonable agreement can’t be reached, you may file a personal injury lawsuit in civil court. Mediation is sometimes required before a trial begins. If it’s not effective, evidence and arguments are presented in court, and a judge or jury will reach a verdict.
There’s no set timeline in personal injury cases. Sometimes they’re straightforward and only take a few months to settle, while more contentious or complex cases take multiple appeals and years to resolve. Regardless of how long it takes, making things right for injured victims is well worth the time and energy.
Contact An Attorney To Learn More About Personal Injury Law
If you’ve been hurt or have lost a loved one due to someone else’s negligence, our Mobile personal injury lawyers can help. Call Moore Law Firm at 251-445-7602, or contact us online to schedule a consultation.
How To Talk To Your Loved One If You See Signs Of Nursing Home Abuse
Trusting others to take good care of an aging or disabled loved one can be daunting. At Moore Law Firm, we’re well acquainted with nursing home abuse signs and how this mistreatment affects victims and their families. Our personal injury attorneys handle all types of nursing home abuse claims, and we’re committed to holding abusers, nursing homes, and personal care facilities accountable for their actions. While it may be challenging to broach the subject, if you notice signs, it’s important to speak to your loved one about nursing home abuse or neglect.
Identifying Nursing Home Abuse Signs
Nursing home abuse takes a heavy toll on the most vulnerable members of our society — the elderly and disabled. Abuse may involve physical, sexual, and emotional violence, neglect, and financial misuse. Sometimes abuse can be so subtle that it can be hard to identify, but there are many signs you can look for to protect your loved one.
Some of the most common nursing home abuse signs are behavioral changes, such as depression, lack of interest in things your loved one used to enjoy, or becoming withdrawn and disinterested in engaging visitors. These changes in behavior can occur over time, so it’s vital to be observant of your loved one’s behavior and emotional state.
Physical signs of nursing home abuse or neglect can take the form of bruises, cuts, scars, broken bones, bedsores, poor personal hygiene, weight loss, and dehydration. Accidents do happen, but if you suspect that someone is being abused or neglected, opening a dialogue about what may be happening could save their life.
Talking To Your Loved One About Nursing Home Abuse
Being reluctant to talk about or claiming not to remember how an injury occurred is common in people who are abused. Your loved one may be embarrassed or afraid to talk about it or may think that they won’t be believed. Nevertheless, it’s important to be straightforward and ask your loved one if they need help.
Ask Questions
A few simple questions that can help get the conversation started include:
- Is anything wrong?
- Do you need help with anything that’s happening at your nursing home?
- I see that you have an injury, bedsores, etc. Can you tell me what happened?
- I’ve noticed that you seem depressed or withdrawn. Could you tell me why?
If your loved one is reticent about sharing information with you, explain that abuse isn’t their fault and you’re there to help.
Listen
It’s important to listen without interrupting or making judgments. Practice compassion and show empathy, but don’t react with strong emotions, such as pity or anger, even if you feel them. Let your loved one know that you’re there for them and you believe them.
Offer Encouragement
Abuse victims often blame themselves. Provide your loved one with information and resources, so they understand that they’re not alone. Make it a point to tell them that nursing home abuse and neglect can happen to anyone, and it can be stopped if it’s reported.
What To Do If Your Loved One Has Been Abused
If you recognize signs of nursing home abuse or neglect, speak with your loved one’s caregivers, physicians, nurses, and their supervisors. You may also report any abuse or neglect to local law enforcement and the Alabama Department of Senior Services. In addition to taking these steps, it’s a good idea to contact a personal injury attorney who is well versed in elder law and can advise you on what to do to protect your loved one’s rights and help them find justice.
Contact An Attorney If You Notice Nursing Home Abuse Signs
If you suspect that a loved one’s injuries or death was caused by nursing home abuse, our compassionate personal injury lawyers at Moore Law Firm can help you hold responsible parties accountable and recover maximum compensation for the damage that has been done. Call 251-445-7602 or contact us online to schedule a consultation.
Five Reasons You Should Hire An In-Town Attorney
There are quite a few factors to consider when choosing an attorney. Hiring an attorney can be daunting, especially if it’s the first time you’ve ever considered seeking legal representation. Our team at Moore Law Firm has served the Mobile community for more than 35 years. We understand the value of being available and meeting with our clients face-to-face. That’s why we recommend hiring local attorney, particularly if you’re pursuing a personal injury claim. These are just a few reasons why hiring a local attorney to represent your interests is critical.
#1. Relationships Built On Trust Are Important
Trust is one of the most important elements of the attorney-client relationship. Forming a positive working relationship with your attorneys and their team is vital. There’s nothing like meeting in person, shaking hands, and sitting down to talk about the facts of your case. Seeing someone’s demeanor and style in person just can’t compare to videoconferencing or talking on the phone. It’s a lot easier to be honest and share details with someone you know that’s looking out for your best interest. Having an in-town attorney handle your case allows you to build a rapport that can lead to a deeper understanding of your specific situation and a positive outcome for your case.
#2. Local Connections
Many lawyers work and interact with the same people for decades in various state, county, and local courts. Well-established relationships with judges, law clerks, prosecutors, law enforcement, and other professionals can help expedite your claim and make the process run more smoothly. In-town attorneys typically have solid relationships with other lawyers, local physicians, scene reconstructions, and additional experts as well. Not only that, if you opt to hire a local personal injury attorney, you can ask family, friends, coworkers, and neighbors to recommend a firm that has gotten positive results for them in the past.
#3. Knowledge Of Local And State Law
Laws, statutes, and court processes vary by jurisdiction. Hiring an attorney who’s well-versed in local, state, and federal law is essential to ensure all your legal bases are covered. A lawyer who isn’t licensed to practice law in your state is unlikely to be familiar with the nuances of state and local laws that are relevant to your claim. An in-town personal injury attorney should know state and local statutes of limitations, compensation standards, and filing requirements and deadlines that apply to your claim.
#4. Cost
Most personal injury attorneys work on a contingency basis. This means that they don’t collect attorney fees unless they recover compensation for you. Hiring an attorney who doesn’t typically work in your area can lead to lots of additional expenses that you might not incur when seeking the counsel of someone who’s local. An in-town attorney and members of their team won’t have to travel far to investigate the facts of your claim or file motions with the local court, which eliminates travel costs, such as mileage, airfare, hotel accommodations and other expenses. The more expenses your lawyers incur, the less money you’ll receive when you recover a personal injury settlement or award. In addition, attorney fees may be a lot higher for those who practice in other states or large metro areas.
#5. Convenience
Regardless of the type of case, being able to walk or drive to your attorney’s office is convenient, which can help cut down on stress. When you need to appear in court, knowing your attorney is right around the corner can be reassuring. The personalized attention you receive from an in-town attorney and their team can help make the process easier and take some of the weight off your shoulders. If you have a question or concern, they may be able to meet with you in a matter of minutes. At Moore Law Firm, we give all of our clients our personal cell phone numbers.
Contact An In-Town Attorney At Moore Law Firm
Choosing a local attorney that’s right for you doesn’t have to be overwhelming. At Moore Law Firm, we’re dedicated to helping injured victims and their families in the Mobile community recover the maximum compensation they deserve. We’ll gladly answer any questions you may have and give you a straightforward assessment of your case. To schedule a free consultation with a Mobile personal injury attorney, call us at 251-445-7602 or contact us online today.
When You’re Injured As A Passenger In A Car Crash
If you’ve suffered an injury as a passenger in a car accident, it can be confusing to figure out how to recover compensation for your medical bills, lost wages, and other damages. There are several options that may be available to you when filing an insurance claim. Our personal injury attorneys at Moore Law Firm understand that being injured in an accident is often a harrowing experience. Having an understanding of the law and knowing what to do after a car accident can help you recover the compensation you need and deserve.
Passenger Injury Law In Alabama
Due to the Alabama Guest Statute, recovering compensation as a passenger injured in a car accident can be challenging. Unless a driver is found to have willfully or recklessly operated a motor vehicle, the Alabama Guest Statute typically forbids a nonpaying “guest” from bringing a claim against the driver after an accident. Willful or reckless misconduct may involve distracted driving, speeding, driving while under the influence of alcohol or drugs, and other unsafe driving practices.
This statute doesn’t apply if you’re a paying passenger in a vehicle, such as a taxicab, Uber, or Lyft. The distinction between a guest and a passenger is important in these cases, and a variety of factors may affect the official classification of someone who was injured while riding in a motor vehicle. If it can be proven that a driver was acting recklessly at the time of the accident that caused your injuries, you may be able to recover compensation from their auto insurance company. That’s why it’s critical to contact a skilled car accident attorney who’s well-versed in the law and has experience investigating and proving these types of cases.
Recovering Compensation As A Passenger Who’s Been Injured
If the driver of another car was at fault for the accident, you should be able to seek compensation from their insurance company. Depending on the circumstances, if you have your own auto insurance, you may be able to recover compensation for your medical bills and other damages from your own policy. Your health insurance may also cover some costs of medical treatment.
How A Car Accident Lawyer Can Help
As you can see, cases involving passenger injuries are complex. Recovering compensation for damages, including loss of income, pain and suffering, and emotional distress, can be virtually impossible without a seasoned attorney in your corner. If you’ve suffered catastrophic injuries, such as amputation, traumatic brain injury, or paralysis, you may require expensive, lifelong medical treatment. Regardless of the extent of your injuries, it’s vital to explore every option to get the care you need. An experienced car accident lawyer assesses your specific situation and determines the most effective approach to recover maximum compensation for your injuries.
What To Do After A Car Accident
After any car accident, getting the medical care you need should be your first priority. However, if you’re able, taking the following steps can help protect your rights and back up your personal injury claim.
- Call 911 immediately and check to see if anyone needs assistance.
- Gather contact and insurance information from all drivers who were involved.
- Collect contact information from witnesses.
- Take photos of the scene and your injuries. Write down what you can remember about the accident while it’s fresh in your mind.
- Get a copy of the police report, if possible.
- Call a personal injury attorney.
Make sure to seek medical treatment as soon as possible and save all the bills you receive, even if you believe your injuries are minor. Symptoms of more serious injury may not appear until days or weeks later. Don’t give a statement, accept a settlement offer, or sign anything from an insurance company until you’ve spoken with a car accident attorney. Although an offer may seem generous, it’s important to remember that insurance companies don’t have your best interests at heart. Personal injury lawyers are familiar with tactics insurers often use to deny or minimize personal injury claims. They’ll fight to protect your rights and work to recover the maximum compensation to which you’re entitled.
Contact An Auto Accident Attorney
If you’ve been injured as a passenger in a car crash, you don’t have to go it alone. Call Moore Law Firm today at 251-445-7602 or contact us online to schedule a free consultation with a Mobile car accident lawyer.
Motorcycle Safety Tips
Riding a motorcycle is much different than driving a car.
Our motorcycle accident attorneys at Moore Law Firm have represented many clients who sustained catastrophic injuries in motorcycle accidents. It’s vital to understand your responsibilities under Alabama motorcycle safety law. These tips can help you become a better rider and stay safe on the road.
Wear A Helmet Every Time You Go For A Drive
Wearing a helmet is the most effective way to protect yourself against catastrophic head and brain injuries. Not only that, both operators and passengers are required to wear helmets under Alabama motorcycle safety law. A face shield or protective eyewear add an extra layer of protection you’ll appreciate if you do get into an accident.
Wear Proper Safety Gear
In addition to wearing a helmet with a face shield, protective gear is critical to protect the rest of your body. Leather jackets, gloves, and boots that are specifically designed for motorcyclists can help minimize your chances of getting road rash or other injuries
in the event of an accident. Buying reflective gear or putting reflective tape on your clothing will make you more visible to other drivers as well.
Follow The Rules Of The Road
Following all traffic and motorcycle safety laws in Alabama can keep you and others safer when you’re on the road. Speeding is definitely out of the question; the faster you ride, the longer it takes you to stop, which can be deadly if you encounter traffic that’s at a standstill. Although a maximum of two motorcycles may share a lane side by side, you can forget about lane splitting — in Alabama, it’s illegal under motorcycle safety law.
Ride Defensively And Make Yourself Visible
Many motorists don’t even notice motorcycles when they’re driving, especially when a rider is making a left turn. Always be aware of your surroundings. Ride with your headlights on at all times and use turn signals well in advance of making lane changes or any turn. Avoid riding in drivers’ blind spots and keep an eye out for turning vehicles.
Keep Your Skills Sharp With Riding Courses
Although Alabama is one of a few states that don’t require a separate license or test for motorcyclists, completing a motorcycle safety class can help you learn how to perform evasive emergency maneuvers that could save your life. It also helps you hone your riding skills. Taking an approved safety course from time to time is a great refresher, and it’s always good to learn something new. You may even get a discount from your insurance company if you take motorcycle safety classes.
Don’t Drink And Ride
Avoid drugs and alcohol when you ride. According to the NHTSA, in 2016, 26% of motorcyclists killed in motorcycle accidents had a blood alcohol concentration (BAC) of 0.08% or higher. Being impaired affects your alertness and reduces reaction time, coordination, judgment, and balance. In addition to avoiding drugs and alcohol, make sure you’re well-rested when you get on your bike. Fatigue can also negatively affect your reaction time and riding skills.
Do A Bike Check Before You Get On The Road
Ensuring your motorcycle is fit for the road is just as essential as following Alabama motorcycle safety law. You never know when you may have a blown tire, mechanical malfunction, or burned-out headlight. Make sure to check the following:
- Tires — Look for holes, bulges, and cracks in your tires, and always check the pressure before riding.
- Lights — Check your turn signals, headlight, and taillight. These are critical for staying visible to other drivers.
- Oil and Coolant — Check oil and coolant levels at least once a week and be on the lookout for any leaks
- Brakes — Test both the front and rear brakes before you hit the road.
- Horn — Your horn is another way to make motorists aware of your presence. Don’t ride without a working horn.
- Mirrors — Alabama motorcycle safety law requires that motorcycles be equipped with at least one mirror. Adjust and clean your mirrors for better viewing while riding.
Contact A Motorcycle Accident Lawyer
Unfortunately, even if you follow all of the safety tips above, it is still possible to be involved in a motorcycle accident through no fault of your own. If you’ve been injured in a motorcycle crash, our experienced legal team can help you understand your rights under Alabama motorcycle safety law. At Moore Law Firm, our motorcycle accident attorneys fight for your rights and help you recover the compensation you deserve. Call us today at 251-445-7602 or contact us online to schedule a free consultation
5 Things Auto Insurance Companies Don’t Want You To Know
When you’ve been hurt in an auto accident, handling a personal injury claim without an attorney often results in recovering little or no compensation. An insurance company’s top priority is to do everything it can to minimize your settlement or deny your claim altogether. To protect the company’s bottom line, an insurance adjuster uses a variety of tactics and keeps important auto insurance facts from you. Our personal injury attorneys at Moore Law Firm in Mobile, Alabama, understand the games insurance companies play, and they tell you what auto insurance companies don’t want you to know.
- 1. The Insurance Company Isn’t Your Friend
After an accident, the insurance company representing the other driver calls you about your claim. They want you to believe they’re your friend and are only trying to help you through a trying time, but they’re not on your side. A claims adjuster’s job is to protect the company from paying you any more than they have to by disputing or even denying your claim. You shouldn’t answer any questions the adjuster asks or sign anything until you’ve spoken to a personal injury attorney.
- 2. They Use Delaying Tactics
Insurance companies aren’t obligated to treat you fairly, and their priority is to try to get out of paying claims or limiting the amount they pay. A common tactic is to delay handling your claim. The purpose is to increase your worry overpaying your bills and make you more open to accepting whatever amount they offer.
Another ulterior motive of delaying payment on your claim is to run out the clock on your right to file a lawsuit. In Alabama, unless you’re a minor or you’ve been declared incompetent, you only have two years from the day of your car accident to file a personal injury claim. Once this statute of limitations expires, you lose your right to seek compensation through the courts.
- 3. Settlements Are Often Lowballed
Underpaying legitimate claims saves insurance companies billions of dollars. They know car accident victims are under a lot of stress as they worry about mounting medical bills and how they’re going to repair their car. They prey on this vulnerability to try to get you to settle quickly, minimizing the settlement amount. Insurance companies almost always offer a lowball settlement first, and these offers are frequently accepted because the claimant doesn’t have all the auto insurance facts. In Alabama, you can recover economic and noneconomic damages, including medical expenses, pain and suffering, and lost wages, so don’t settle for less than you deserve.
- 4. You Don’t Have To Accept A Settlement
Many companies use a “Take It or Leave It” tactic to make you believe that their first settlement offer is the only offer you’re going to get, and if you don’t take it, you’re going to be left with nothing. This isn’t true. If the offer won’t even cover your current medical and car repair bills, turn it down. If you accept a settlement before the extent of injuries or bills are known, you may receive a much shorter amount than what you really need. Once you accept a settlement, you can’t get a second settlement to cover any leftover or new costs.
- 5. You Can Hire An Attorney Immediately
Insurance companies discourage you from hiring an attorney by trying to convince you that you don’t need one and that you’ll get way less money because of the attorney’s fee. They may also say you must wait to hire an attorney until they’ve had an opportunity to settle the claim first. You don’t have to wait to hire an attorney and should hire one immediately after your accident.
A personal injury attorney knows how to negotiate with insurance companies to get you a higher settlement than you would on your own. An attorney negotiates for the highest possible settlement, and even after they collect their fee, your settlement is still higher than what you would have received.
Get The Auto Insurance Facts
For more than 35 years, Moore Law Firm has helped clients who have suffered personal injuries in Mobile and throughout Alabama. Our personal injury attorneys provide individualized, straightforward legal representation and fight to help you recover the maximum compensation you deserve. We work on a contingency basis, so there’s no fee until we successfully win your settlement. If you’ve been injured in a car accident, contact us at 251-445-7602 for a free, no-obligation case evaluation today.
Third Party Liability In Drunk Driving Accident Claims
At Moore Law Firm, our auto accident attorneys have seen the devastating impact injuries sustained in a crash with a drunk driver can have on victims and their families. Although state laws are designed to hold intoxicated drivers accountable, like many other states, Alabama also has dram shop laws, which allow injured parties to seek compensation from a third party such as a business or individual who provided alcohol to someone who was clearly intoxicated.
Recovering Damages From A Third Party
Most auto accident cases involve two parties — the injured person and the negligent party who caused injury to that person. However, if a bar, nightclub or restaurant provided alcohol or drugs to a person who was visibly intoxicated, they may be liable for any harm that was caused under a concept known as vendor liability. Individuals who provide alcohol or drugs at a private party or event may be subject to social host liability. If you’ve been hurt in a drunk driving accident, you may be entitled to recover compensatory and punitive damages from a third party, but proving fault in a dram shop case is often challenging.
The law doesn’t apply to every situation where someone serves alcohol to a driver who ends up injuring someone. Typically, dram shop laws do not permit an intoxicated person who is injured to seek compensation from the vendor or host who provided the alcohol or drugs. To recover damages, the victim must prove that the driver was served alcohol despite the fact that they exhibited signs of intoxication. An experienced auto accident attorney will understand how to properly investigate the facts of your case and create an effective litigation strategy to demonstrate fault in a DUI dram shop case.
Types Of Damages
Under Alabama law, you are entitled to seek actual and exemplary damages in a dram shop claim. Actual damages compensate injured victims for measurable losses such as medical expenses, lost income and damaged property.
Also known as punitive damages, exemplary damages are not designed to compensate an injured party for their injuries and losses. The purpose of exemplary damages is to punish the defendant for their carelessness or egregious actions and deter others from committing the same type of act.
Statute Of Limitations In Personal Injury Cases
Alabama sets a deadline of two years from the date of the accident for filing a personal injury claim. If you fail to take action within this designated time frame, the court most likely will not consider your claim. Seeking counsel from a personal injury attorney right away is vital to ensure that a drunk driver is held accountable for your damages. Your attorney will also determine whether a dram shop or social host liability claim is worth pursuing.
Contact An Auto Accident Attorney
If you’ve been injured or have lost a loved one in a drunk driving accident, our personal injury attorneys at Moore Law Firm can help. Our skilled and compassionate legal team is committed to fighting for your rights and helping you recover the maximum compensation you deserve. Contact us online or call 251-445-7602 to schedule a consultation.
5 Motorcycle Safety Tips From An Accident Attorney
There’s nothing like the feeling of hitting the open road on a beautiful day. Exercising caution and staying safe while riding your motorcycle can help prevent accidents and save lives. These five simple safety tips from our motorcycle accident attorney at Moore Law Firm can help keep you safe and sound when you’re out cruising the streets.
- 1. Don’t buy more bike than you can handle.When shopping for a motorcycle, choose one that fits you, both figuratively and literally. You should easily be able to rest both feet flat on the ground when seated, and handlebars and controls should be within close reach. If a bike feels too heavy, it probably is.
- 2. Take a riding course.A motorcycle safety riding class will teach you techniques such as how to perform evasive emergency maneuvers. Many insurance companies offer a discount if you take an approved safety course, and in some states you may be allowed to skip the test part of the licensing process.
- 3. Wear the proper gear.Even if it’s not required by law in your state, making sure you and your passengers wear a helmet when riding can save your life. Serious head injury is one of the most common causes of traumatic brain injuries and fatalities in motorcycle accidents. According to the National Highway Transportation Association (NHTSA), helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. High-visibility protective gloves, jackets and boots provide protection from serious injury should you fall or become involved in an accident. Wearing this type of gear will also help you stand out to other drivers.
- 4. Stay alert and practice caution.Hazards such as oil, sand or wet leaves can cause a bike to slide unexpectedly. Ruts, potholes and other defects in the road can pose a serious danger when on a bike, so keep an eye out for these things at all times. Don’t tailgate — keeping a safe following distance is vital to make sure there’s plenty of stopping distance and time for you to react to other vehicles and obstacles in the road. Avoid the dangerous practice of lane splitting — most drivers do not expect a motorcycle to drive between them at any time, let alone in slowed or stopped traffic.
- 5. Don’t drink and ride.Motorcyclists more likely to die in an alcohol-impaired crash than those driving other types of vehicles. In 2016, 26 percent of motorcyclists who sustained fatal injuries had a blood alcohol concentration (BAC) of 0.08 percent or above. In single-vehicle crashes, the rate of fatal injury was 37 percent, according to the NHTSA. For your safety and the safety of others on the road, avoid alcohol when riding your motorcycle.
If You’ve Been Injured, Contact A Motorcycle Accident Attorney
Although these motorcycle safety tips can help you avoid injury, accidents do happen. If you or a loved one has been hurt in a motorcycle crash, our accident lawyer can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
What To Do When You’re Injured In A Slip And Fall Accident In A Public Place
Pubic slip and fall accidents often happen when a property owner, business, governmental agency, university or public school fails to properly repair or maintain their property. At Moore Law Firm, our slip and fall accident lawyers have recovered compensation for hundreds of clients who have been injured on public property.
Slip And Fall Accidents And Premises Liability
Slip and fall accident claims are usually based on a legal concept known as premises liability. Regardless of whether it’s a private business or public entity, property owners must exercise reasonable care to make sure that their premises are safe from dangerous conditions. If a person is injured due to the owner’s failure to prevent or repair a dangerous condition, they may be liable for any injuries that occur.
Steps To Take After A Public Slip And Fall Accident
After any accident, it’s important to seek medical attention as soon as you can, even if your injuries seem minor. Many symptoms may not show up until days or weeks later, and documenting your injuries with a health care professional can provide valuable evidence should you decide to file a personal injury claim. If you’ve been seriously injured, call 911 so you can receive the care you need right away.
Report your accident to the person in charge of the property where you fell, and ask to file a formal report. Some businesses and most governmental agencies have policies and notification procedures to follow and forms to complete that will document your accident and injuries. Obtain and keep a copy of the report. If law enforcement responded to your accident, get a copy of the police report as well.
Gather evidence and information. Jot down notes surrounding everything you can remember about the incident. Take photos or videos of the area and your injuries. If there were any witnesses, get their contact information and statements.
Do not speak to the property owner’s insurance company. Whether it’s a private business or a public entity, do not give a statement to or sign anything from their insurance company without speaking to experienced slip and fall accident lawyers first. Insurance companies often try to offer minimal settlement amounts in personal injury claims or may even deny your claim altogether.
Contact A Slip And Fall Accident Attorney
In a slip and fall claim, you must prove that the property owner’s negligence caused your injuries. These types of cases can be multifaceted, especially when a government entity is involved. That’s why it’s essential to seek the counsel of knowledgeable slip and fall accident attorneys who understand the complexity of proving negligence and are experienced in filing personal injury claims against governmental agencies.
It’s important to keep in mind that Alabama has a two-year statute of limitations on claims against private individuals, and businesses, local, state and federal government agencies have strict procedures and deadlines for making personal injury claims, which may limit the amount of damages you’re entitled to receive. Our slip and fall accident lawyers will ensure that your claim is filed in an accurate and timely manner and help you understand the ins and outs of the laws surrounding government negligence.
At Moore Law Firm, our slip and fall accident lawyers can help you recover maximum compensation for your medical expenses, lost income, pain and suffering and other damages. Call 251-445-7602 or contact us online to schedule a consultation.
7 Truck Driving Safety Tips From An Accident Attorney
Many truck drivers love what they do. Seeing the country while cruising the open road sounds like a blast, doesn’t it? Trucking is one of the most important — and dangerous — jobs in the United States, and driving a big rig means that your life and the lives of others are in your hands every time you get behind the wheel. These seven truck driving safety tips from our big truck accident attorney at Moore Law Firm can help keep you safe, happy and healthy on the road.
Safety Tips For Truck Drivers
- 1. Keep A Close Eye On Blind Spots
Truck accidents are most likely to occur when other motorists are driving in your blind spots. These areas are typically off to the side right in front of the cab, immediately behind your side mirrors and directly behind your truck. Motorists in other vehicles are often unaware of these blind spots and may drive dangerously close to them. Always exercise extreme caution and look twice to avoid accidents when changing lanes or turning.
- 2. Obey The Speed Limit
Specific speed limits for trucks are posted for a reason. Following the speed limit, especially in work zones and hilly or mountainous areas, can prevent thousands of accidents and fatalities each year.
- 3. Take It Slow On Curves And Ramps
There are times when driving way below the posted speed limit is crucial. A large truck can easily tip over if you take curves too fast. Slow down on exit ramps to ensure that you have plenty of stopping distance to avoid hitting whatever may be in front of you.
- 4. Slow Down In Bad Weather
Inclement weather is responsible for almost one-fourth of all speeding-related truck driving accidents. If you’re driving in the rain, reducing your speed by a third can save lives. In snow and ice, reducing your speed by half can keep you and others much safer on the road. It’s also important to allow more time for maneuvering in bad weather. Signal well in advance before changing lanes or turning. If the weather makes it unsafe to drive, pull over in a safe place.
- 5. Load Cargo Properly
Always follow Federal Motor Carrier Safety Administration (FMCSA) regulations when loading and securing cargo. Remember that the higher you stack your freight, the more drag on the truck. If you can, stack cargo lower and spread the freight evenly through the full space of the truck for improved handling and your fuel economy.
- 6. Keep Up On Proper Maintenance And Repair
Give your truck a thorough once-over every time you get on the road. Check fluid levels and ensure that your brakes, horn, lights and mirrors are in good working order before you begin your journey. If anything seems awry, have it checked before attempting to drive.
- 7. Take Good Care Of Yourself
Getting plenty of sleep, eating a healthy diet, exercising and relaxing during your down time will help you feel more refreshed and at ease, which makes for safer driving habits when you’re behind the wheel.
If You’ve Been Injured, Contact A Truck Accident Attorney
While these truck driving safety tips from our accident attorney can help keep you safe, serious accidents and injuries still happen. If you or a loved one has been hurt in a truck accident, call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Dangers of Distracted Driving
At Moore Law Firm, our motor vehicle accident attorney has seen the devastating consequences of injuries caused by distracted drivers. Sometimes distractions are unavoidable, but there are many things you can do to keep your focus on driving and keep yourself and others safe.
What Is Distracted Driving?
When a driver engages in a secondary activity that interferes with the primary task of driving a vehicle, it is considered distracted driving. There are three categories in which driver distraction typically falls:
- Visual — averting your eyes from the road
- Physical — removing your hands from the steering wheel
- Cognitive — taking your attention away from the actual task of driving
Secondary task distraction takes a driver’s attention away from driving. This type of distraction includes using a smartphone, putting on makeup, eating, smoking or dealing with pets or children in the vehicle.
Driving-related inattention occurs when you look down at the speedometer, check mirrors, or glance behind or away before changing lanes or parking.
Non-specific driver inattention happens when a motorist looks away from the roadway but at no specific object, person or activity.
Drowsiness can also be considered a distraction, as it involves closing your eyes, yawning and even falling asleep at the wheel.
Distracted Driving Leads To Thousands Of Injuries And Deaths Each Year
According to the NHTSA, distracted driving claimed 3,450 lives in 2016 alone. Failing to keep your attention on the road can lead to accidents such as head-on collisions, sideswipes and rear-end collisions that can cause serious injury and death.
There are countless ways in which drivers may be distracted by things inside or outside of their vehicle, but smartphones, GPS and other electronic devices have caused many people to become more even more distracted when they’re on the road. Some top causes of distracted driving and motor vehicle accidents include:
- Talking on the phone
- Texting or checking social media
- Using GPS devices
- Using the radio, CD and DVD players
- Daydreaming
- Talking with other passengers in the car
- Operating vehicle controls such as windshield wipers, lights, heat and air conditioning
- Eating or drinking
- Smoking
- Gawking at car accidents, billboards or other objects
How To Avoid Distracted Driving
Putting in the effort to pay attention while driving makes the roads safer for everyone. These tips can help keep your focus on the important job of operating your vehicle:
- Put your phone away. If you do need to answer a call or text, pull off the road and stop at a safe place.
- Learn how to use your car’s features such as windshield wipers, heat and CD player/radio without taking your eyes off the road.
- Enter an address or location in GPS before you get on the road. Make sure audio turn-by-turn directions are on and easy to hear.
- Keep conversation calm, cool and collected while driving.
- Don’t let your pets or children distract you while driving — if you need to deal with someone or something, pull over.
- Don’t eat or drink while driving.
- Make sure you get plenty of sleep before driving. If you’re drowsy on the road, find a safe place to rest.
If you’ve been injured or have lost a loved one in an accident with a distracted driver, our motor vehicle accident attorney can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Pursuing A Claim Against A Negligent Motorcyclist
Although the majority of motorcyclists are safe, conscientious riders, some riders cause serious accidents when attempting dangerous practices such as lane splitting, weaving in and out of traffic and traveling at excessive speeds. Our motorcycle accident attorney at Moore Law Firm has over 30 years of experience handling all types of motor vehicle accident cases and can help you recover maximum compensation for your damages if you’ve been injured in an accident with a negligent motorcyclist.
Liability In Motorcycle Accidents
Liability in all different types of motor vehicle accidents falls under the legal concept of negligence. A person is considered negligent when their careless behavior causes injury to another person. All drivers on the road, including motorcyclists, have a duty of care to avoid injuring other motorists, passengers, pedestrians or cyclists. If a motorcyclist does not exercise good judgment, fails to be reasonably careful or rides in a reckless manner and injures someone as a result, they can be liable for any injury or death caused by the accident.
Lane Splitting
Motorcycle lane splitting is a dangerous practice that puts the lives of the motorcyclist and others at risk. Lane splitting occurs when a motorcyclist rides between two lanes of slow or stopped traffic. Because of the close proximity of other vehicles and reduced space for the motorcycle to maneuver, lane splitting is a common cause of motorcycle accidents. Drivers in the vehicles surrounding the motorcycle typically don’t anticipate that any vehicle will be passing them in slow-moving or stopped traffic, which creates a recipe for disaster.
When a motor vehicle accident occurs while a motorcyclist is lane splitting, the actions of both the driver of the car and motorcyclist prior to the accident are taken into consideration. If lane splitting is illegal in the state where the accident occurred, the motorcyclist will most likely be considered at fault for the accident. Seeking the counsel of a motorcycle accident attorney who understands the complexities of how to demonstrate fault in types of cases is vital to ensure that all your legal bases are covered and your rights are protected.
Speeding And Alcohol Use
Many accidents involving motorcycles are caused by speeding or alcohol use and are much more likely to result in death or serious injury. Following any accident, it is vital to call 911 and collect all the evidence you can at the scene. Photos, notes, witness statements and police reports are invaluable tools that can help your attorney get an accurate account of what happened when the accident occurred and provide a solid factual foundation upon which negligent motorcyclist accident claims can be proven.
If you’ve been injured or have lost a loved one in a collision with a motorcycle, our motorcycle accident attorneys can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
What Happens if You Don’t Immediately Pursue Workers’ Compensation
If you’re injured on the job, workers’ compensation can provide you with the wage replacement and medical care coverage you need to help you get back on your feet. But what happens when you don’t report the injury or immediately file for workers’ compensation in the state of Alabama?
Not Reporting Your Injury
According to the Alabama Department of Labor, the law requires that you report the claim to your employer within 5 days of the injury occurring. In some cases, you can wait longer, but if you fail to give notice within 90 days following the accident, you risk losing your right to workers’ compensation benefits. Plus, if you don’t report the injury and continue working, you could cause more damage to your body in the meantime, and make the workers’ compensation process more complicated. It’s important to notify your employer immediately after the injury occurs so you can seek the proper medical treatment and receive accurate compensation.
Losing Your Benefits
If your job-related injury goes unreported, you could miss out on the workers’ compensation benefits you would have receive had you filed the claim immediately following your injury. Depending on your injury and your employer, workers’ compensation can help cover a variety of your medical expenses, including hospital stays, rehabilitation sessions and the mileage costs to and from your medical appointments. You can even receive weekly injury compensation benefits depending on your average weekly earnings on the job, so you can earn a wage even while you’re recovering out of work. If you wait to report your injury and are late applying for workers’ compensation, you could forfeit the many benefits you would receive had you filed the claim immediately.
Contact Moore Law Firm
The best course of action you can take following a work-related injury is to call our office in Mobile, Alabama. Our workers compensation lawyers can help you receive the proper medical treatment and benefits you deserve. Call us for a free consultation at (251) 445-7602 today.
Manufacturing, Design And Marketing: Breaking Down Product Liability Defects
From improperly manufactured tires to prescription medicines with damaging side effects, defective products cause numerous injuries and deaths each year. There are different types of product liability claims, and our personal injury lawyers at Moore Law Firm can help you understand your rights and develop effective legal strategies to ensure you receive maximum compensation for your damages.
Manufacturing Defects
A manufacturing defect occurs when something happens during the manufacturing process that makes a product unsafe even when it’s used properly. Types of manufacturing defects may include:
- Contaminated food or beverages
- Using the wrong types of fasteners on mechanical parts
- Installing incorrect or outdated components that may cause electrical shock
- Improperly cut molded plastic products that contain sharp edges
- Other types of manufacturing errors
Design Defects
A claim based on defective design contends that the product is inherently dangerous in its design alone, rather than an error made during the manufacturing of the product. Design defect claims are often complicated. For example, if a defect in the design of a medical device causes injury, the plaintiff must prove that the injury was specifically due to the design, not a manufacturing defect or human error. This is just one reason why it’s vital to seek the counsel of a personal injury attorney who knows the ins and outs of product liability claims.
Marketing And Labeling Defects
Any and all risks associated with a product must be clearly listed on a warning label or in the instructions for the use of a product. If manufacturers fail to include adequate warnings for a product, they may be liable for any illness, injury or death sustained from use or exposure to the product.
Prescription medications must also include sufficient warnings about potential risks and side effects — if these risks were not disclosed by the pharmaceutical company and you become sick or injured, you may be able to pursue compensation for your injuries. Adequate warning labels are particularly important for potentially hazardous items such as cleaning products that contain toxic chemicals and toys that pose choking hazards to children and should be clearly marked as such.
A marketing or labeling defect can happen if the product instructions are vague or contain mistakes, warnings are unclear about the risks the product presents, the consumer is unable to read the warning, or the manufacturer fails to include a warning label at all.
If you’ve been injured or have lost a loved one due to a defective product, we can help you understand the nuances of how product liability law works and determine the best course of action to take. Contact Moore Law Firm in Mobile, AL, to schedule a consultation today.