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Steps to Take After a Wrongful Death in Alabama
Losing a loved one because of someone else’s negligence or carelessness is a devastating experience. Beyond the grief and shock, families may be unsure about what to do next or how to hold the responsible party accountable. At Moore Law Firm, our wrongful death lawyers in Mobile, Alabama help grieving families take legal action and pursue the justice and financial stability they deserve.
Understanding Alabama Wrongful Death Laws
Under Alabama law, wrongful death is defined as a death caused by another’s “wrongful act, omission, or negligence.” Although proceeds from a wrongful death settlement or award go to the deceased person’s beneficiaries, a lawsuit may only be filed by the personal representative of the estate, not by individual family members.
Punitive Damages
Unlike many other states, the only type of damages available in wrongful death cases in Alabama are punitive damages. Instead of providing compensation to the family for things like medical bills or pain and suffering, punitive damages are designed to punish the wrongdoer and deter them and others from similar behavior. In Alabama, proceeds from this type of lawsuit are not subject to claims by the deceased’s person’s creditors.
Statute of Limitations
The statute of limitations for claims in Alabama is two years from the date of the person’s death. Although there are exceptions. f your wrongful death lawsuit isn’t filed within this two-year timeframe, it will probably be dismissed. In some situations, the clock may be paused or start later if the cause of death wasn’t immediately discovered. These rules can be confusing, so it’s best to seek the advice of an Alabama wrongful death lawyer who can evaluate your case and advise you of your options.
What to Do After a Wrongful Death in Alabama
Contact an Alabama Wrongful Death Attorney
The first step to take after the wrongful death of a loved one is to find a personal injury attorney who understands Alabama wrongful death law and has a proven record of success litigating these types of cases. Your lawyer can:
- Review the circumstances of your loved one’s death
- Determine whether the facts of the case meet the legal definition of wrongful death in Alabama
- Advise you on whether you have a viable claim
- Explain the most effective course of action for finding legal recourse
- Thoroughly investigate your case
- File an insurance claim and/or complaint with the court
- Negotiate with insurers and handle all aspects of your case so you and your family can focus on supporting each other.
Typically, wrongful death claims in Alabama require in-depth investigation, expert witnesses, and a legal team that knows how to build compelling arguments to achieve the best possible outcome for your case.
Open the Estate
If your loved one’s estate hasn’t been opened in probate court, you must open it before filing a claim or lawsuit. If they had a will, the named executor will be the personal representative of the estate. If not, the court will appoint a representative, which is often a spouse, adult child, or another close family member.
Once appointed, the personal representative has the authority to file the wrongful death lawsuit on behalf of the estate. Dealing with opening an estate can be daunting. Our wrongful death attorneys in Mobile, AL can guide you through the process and ensure all your legal bases are covered.
Filing and Litigating the Lawsuit
After the estate is opened, your attorney can file a lawsuit in Alabama civil court. They will likely file a claim with the negligent party’s insurance company as well.
Filing both claims at the same time can help to ensure a lawsuit is filed within the two-year statute of limitations. Most families are unaware that they can do this and simply file a claim with an insurer. This can sabotage your case if negotiations drag on as the lawsuit deadline approaches.
Discovery and Negotiations
Next, your wrongful death lawyer gathers and exchanges evidence with the defendant’s attorneys during the discovery process. During this time, they will likely negotiate with the insurance company as well.
Most cases are resolved through negotiations, so it’s vital to have a tenacious attorney who knows how to counter settlement offers with solid evidence and compelling arguments that prove negligence, liability and the full extent of the losses your family has suffered.
Trial
If a fair agreement can’t be reached, your case proceeds to trial, where each side has the opportunity to submit evidence, examine witnesses, and present their case. A jury or judge then decides whether the defendant is liable and the amount of damages to award to the plaintiff. There is no cap on punitive damages in Alabama wrongful death cases.
How Are Damages Awarded in an Alabama Wrongful Death Lawsuit?
In Alabama, punitive damages are not distributed to an estate like other assets are. Instead, proceeds from a wrongful death settlement or court award are divided among legal heirs according to Alabama intestacy laws. For example, unmarried partners or friends cannot receive a portion of damages even if they are named in a will.
How Our Mobile Wrongful Death Lawyers Can Help
Our wrongful death attorneys know that our role involves much more than filing paperwork and negotiating with insurance companies. We realize that this is an incredibly challenging and emotional time for your family. We approach your case with compassion and respect and keep you informed every step of the way. Although no amount of money can change what happened, our goal is to ensure your loved one’s story is heard and help you secure damages that bring your family a sense of justice, accountability and financial security.
Quality Legal Representation You Can Trust
With more than four decades of experience helping injury victims in Alabama, our team has built a strong reputation with our clients and the legal community. We understand the sensitive nature of these claims and provide the compassion and professionalism you deserve. Our lawyers take cases on a contingency fee basis, which means you don’t pay any upfront costs and we get paid only if we win your case.
Contact a Mobile, AL Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone else’s negligence, Moore Law Firm is here to help you hold responsible parties accountable and find justice. To schedule a case evaluation call 251-445-7602, contact us, or use the convenient chat feature on our website to get in touch. Our Alabama wrongful death lawyers serve clients in Mobile, Daphne, Fairhope, Saraland and surrounding communities.
What to Do If You’ve Been Hurt in a Rideshare Accident in Alabama
Rideshare companies like Uber and Lyft offer a convenient way to catch a ride in minutes. Although these services make life easier, what happens when you’re hurt in a rideshare accident? Whether you’re a passenger, pedestrian, bicyclist, or motorist, you may wonder who’s liable for your injuries and how you’ll pay for your medical bills and lost time from work. At Moore Law Firm, our rideshare accident lawyers in Mobile, AL, are well-versed in handling these types of complex cases. Here, we offer some straightforward advice about what to do after a Lyft or Uber accident.
When You’re Hurt as a Rideshare Passenger
If you’re injured in an accident as a rideshare passenger, in some circumstances you may be entitled to recover compensation from the rideshare company. Both Uber and Lyft carry $1 million liability policies, but it doesn’t mean you’ll automatically be compensated for damages. The driver must be logged in and working “on the clock” at the time of the auto accident, and if another motorist is at fault, you may have to file a claim with their insurer.
Depending on the specific situation, you may be able to recover compensation from the rideshare driver’s private auto insurance policy and even your own insurance if you have personal injury protection (PIP) coverage. Sorting out who is at fault and navigating multiple claims can be daunting. A rideshare accident lawyer can identify all potentially liable parties and pursue all possible sources of compensation on your behalf.
If You’re Hit by a Rideshare Driver
Occupants of other vehicles, pedestrians or injured bystanders, and bicyclists may also have several options for compensation if injured in an accident with a rideshare driver. When multiple parties are involved, it can be confusing to sort out who’s responsible for your damages. Because Uber and Lyft have high liability policy limits, their insurers may fight harder to minimize your injuries, offer inadequate settlement amounts, or deny claims. Rideshare accident attorneys are familiar with their tactics and can fight to help you recover the fair compensation you may be entitled to receive.
Steps to Take After a Rideshare Accident in Alabama
Call 911
Whether you’re a passenger, motorist, or another party who was injured in a rideshare accident, it’s vital to call 911 and wait for the police and paramedics to arrive. Police reports are valuable pieces of evidence that can support claims about how a crash occurred. If possible, ask for a copy of the police report at the scene. If it’s unavailable, your rideshare accident lawyer can request it when working on your case.
Gather Information
Ask the rideshare driver for their name, contact information, and license and insurance information. Jot down their license plate number and everything you remember about how the accident happened. Collect contact and insurance information from any other involved parties and ask witnesses for their contact info as well.
Take Photos
Take photos of the scene, including damage to vehicles and your injuries. Video footage can also be helpful in all types of auto accident claims. Collecting as much visual evidence as possible can help your rideshare accident attorney build a strong case.
Seek Medical Care
It’s crucial to seek medical attention after any accident, even if you don’t believe you’ve been seriously hurt. Symptoms of your injuries may not show up right away, but seeking medical care at an emergency room or doctor’s office ensures you get the treatment you need. In a personal injury claim, medical records provide valuable documentation and evidence that demonstrates the severity of your injuries and substantiates your side of the story.
File a Report with the Rideshare Company
If you’re a passenger who’s been injured in a rideshare crash, you can report it through the app. Other parties can report accidents to Uber and Lyft on their websites. When you report the crash through the app or online, provide basic facts about the accident and your injuries. However, do not speak to rideshare company representatives or their insurance companies, sign any documents, or accept a settlement offer without contacting a personal injury lawyer first.
Contact a Rideshare Accident Lawyer in Alabama
Regardless of your role in the accident, it’s vital to contact a rideshare accident attorney for legal advice as soon as possible. Our personal injury attorneys offer free consultations and work on a contingency basis, which means you won’t incur any up-front expenses or pay attorneys’ fees unless you win your case. A rideshare accident lawyer can evaluate your case, advise you on the viability of your claim, and offer the best course of action for recovering compensation.
How an Attorney Can Help with Rideshare Accident Claims
Victims often underestimate the cost of their medical care and lost time from work. It’s also challenging to put a number on non-economic damages, such as emotional distress and pain and suffering. A rideshare accident lawyer knows how to accurately calculate the monetary value of your claim. This is particularly important if you’ve suffered a serious injury that has significantly impacted your quality of life or requires long-term treatment.
Unfortunately, insurance companies are not looking out for injured victims’ best interests. Their main goal is to pay out as little as possible. When multiple insurance companies are involved in a rideshare accident claim, they may work in concert to try and discredit your claims or undervalue your settlement. Car accident lawyers know how to counter these underhanded strategies. As your advocate, a rideshare accident attorney with a record of success in recovering compensation can negotiate on your behalf and handle all aspects of your case so you and your family can focus on your recovery.
Contact Us to Learn More about Rideshare Accident Claims
Since 1985, Moore Law Firm has represented more than 15,000 victims in personal injury cases. If you’ve been injured or have suffered the loss of a loved one in a Lyft, Uber, or another type of crash, our rideshare accident attorneys in Mobile, AL, can help. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us to schedule a free consultation today.
How Attorneys Prove Truck Driver Fatigue
Although most drivers make an effort to stay safe on the road, truck driver fatigue is often one of the leading factors in commercial vehicle crashes. At Moore Law Firm, our personal injury attorneys in Mobile, AL, understand the vital elements that go into proving truck driver fatigue. Our truck accident lawyers are dedicated to helping injured victims get the fair compensation they need and deserve after a crash.
Understanding Truck Driver Fatigue
Truck driver fatigue is a serious issue that plagues the transportation industry. Driver fatigue happens when a motorist becomes impaired due to lack of sleep, extended work hours, or inadequate rest. Fatigued drivers have slower reaction times, decreased awareness, and impaired judgment, making them more prone to accidents. According to the Centers for Disease Control and Prevention (CDC), truck drivers are more likely than other motorists to drive while fatigued.
Causes of Truck Driver Fatigue
Although federal regulations limit the hours a truck driver can be on the road, truck drivers are often under pressure to deliver goods quickly. Irregular schedules, insufficient rest, and sleep disorders can all cause fatigue that endangers everyone on the road. Because lack of rest is the most common cause of driver fatigue, a truck accident attorney must know how to gather and present relevant, effective evidence that proves this was the cause of a crash.
Truck Driver Fatigue Laws
The Federal Motor Carrier Safety Administration (FMCSA)
Because driver fatigue is a major factor in many truck crashes, the Federal Motor Carrier Safety Administration (FMCSA) has established regulations to combat drowsy driving, including Hours of Service (HOS) rules that limit the number of hours a driver can operate a commercial vehicle. These regulations are important in proving truck driver fatigue, as they offer a clear standard for acceptable driving hours and required rest periods.
FMCSA regulations state that a driver is permitted to drive up to 11 hours within a period of 14 consecutive hours, after being off duty for 10 hours or more. Drivers are not permitted to drive for more than eight hours without a 30-minute break. In addition, drivers are not allowed to drive more than 60 hours every seven days or 70 hours every eight days, depending on the specifics of their schedules.
Truck Driving Laws in Alabama
Alabama follows the Hours of Service rules established by the FMCSA. The Alabama Department of Transportation (ALDOT) and the Alabama Law Enforcement Agency Motor Carrier Safety Unit (MCSU) work collaboratively with the FMCSA to reduce accidents, injuries, and fatalities caused by driver fatigue and other issues.
Commercial drivers are required to pass medical and background screenings and hold a current CDL. Vehicles must undergo routine safety inspections, with specific guidelines for brake, tire, and other equipment standards. Trucking companies must also maintain comprehensive records of driver qualifications, vehicle maintenance, driving logs, and other relevant documents.
Drivers and companies who violate FMCSA regulations or Alabama law may be liable for any injuries, fatalities, or other truck accident damages caused by a fatigued truck driver.
Proving Truck Driver Fatigue
Proving any personal injury claim requires evidence, and driver fatigue cases are no different. One of the first things your truck accident attorney will do is gather valuable evidence such as:
- Police reports – Police officers are trained to recognize when someone is fatigued or sleep-deprived. A police report documenting bloodshot eyes, obvious exhaustion, or a statement from the driver admitting they were tired can help create a solid foundation for a truck driver fatigue case. Police officers may also be interviewed or called to testify and provide a firsthand account of what they witnessed.
- Logbooks and billed hours – Typically, commercial trucks manufactured are required by law to have Electronic Logging Devices (ELD), which can be used to demonstrate how many hours a trucker was on the road. If a truck doesn’t have an ELD, drivers are required to keep handwritten logbooks. Invoices from independent truck drivers who bill companies for the hours they’ve logged can also show how long they were driving. If logged or billed hours go beyond what FMCSA regulations allow, that is evidence of driver fatigue.
- Black box data – Tractor-trailers and other commercial trucks have “black boxes” much like airplanes, containing data that can be analyzed. This information can offer evidence of driver fatigue and other poor driving behaviors.
- GPS history, receipts, and tolls – A truck accident lawyer may be able to create a timeline of where and when a trucker was on the road using this type of evidence.
- Evidence of health issues or substance use – Records documenting health conditions, medications, or alcohol and drug use can also be factors in proving liability in a fatigued truck driving case.
Driver Avoidance and Time of Day
One of the most obvious signs of drowsy driving is evidence that shows whether a driver tried to avoid an accident. If an alert driver loses control or believes there’s potential for an accident, they’ll try to regain control of their vehicle or veer away from danger. However, if a truck driver is fatigued or has fallen asleep at the wheel, they may not notice the danger at all.
Witness statements, accident reconstruction, a detailed analysis of skid marks, and other evidence can often show whether a driver tried to stop or avoid an accident. Failing to try to avoid an accident is often a clear sign that a driver was too exhausted to operate their truck safely.
The time of day that a crash occurs can be another indication that driver fatigue played a part in an accident. Drivers who operate trucks from 1 a.m. to 5 a.m. are more likely to have been driving throughout the night, possibly without required breaks.
Your personal injury attorney will collect relevant evidence and identify all potentially liable parties in a truck accident case. They may employ accident reconstructionists, sleep specialists, and other experts to help them analyze data. They know how to put all the pieces of the puzzle together and create compelling arguments that prove driver fatigue and negligence.
A Truck Accident Attorney Can Protect Your Rights and Interests
If you’ve been involved in a truck accident, it’s vital to contact a personal injury lawyer as soon as possible. Trucking companies and their insurers often send investigators to the scene of a crash immediately. Don’t provide a statement, sign anything, or accept a settlement without speaking to an attorney first. A truck accident lawyer can evaluate your case, advise you of your options, and fight to help you recover the maximum compensation you need to protect your health and financial security.
Contact a Truck Accident Lawyer in Mobile, AL
Proving truck driver fatigue can be a complex undertaking. For nearly 40 years, Moore Law Firm has been dedicated to making things right for injured victims and providing compassionate legal support you can trust. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us to schedule a consultation with a truck accident attorney in Mobile, AL, 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