Articles Tagged with contributory negligence

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Alabama Accident & Injury LawyersIt’s the day after a serious car accident. The events of yesterday are a blur. You are hurting. You are stiff. For many people, the first few hours and days after a serious car accident are a time of increasing pain. Hopefully, you’ve never experienced this. Those who have will understand.

You are hurting. You start to worry about your health. You start to worry about work. You are probably worried about your car. You may have lots of concerns and questions. That’s when you receive the call. An adjuster calls. Often, the adjuster calls with a friendly voice. She wants you to think you are in good hands. She sounds helpful. She may even tell you to send your medical bills and sign paperwork so they can get your records. She hints they will pay the bills if you send them. Don’t believe it. I talk to accident victims weekly. So many of them are misled by adjusters into believing the insurance company wants their actual bills to pay each of them.

If the at-fault driver’s insurance company pays anything for your injuries, they are going to want you to sign a release giving up your claims. So, why is the adjuster calling? Why is she acting friendly at first? The truth — The insurance company is investigating the accident and you. The insurance company is gathering information. And, it will use the information to defend the claim or to pay as little as possible.

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Slip1-300x300We receive many calls from people injured after a fall in Alabama. Many people believe (wrongly) that a local business is always responsible for any fall-related injury on its premises. This belief is wrong. In truth, we turndown almost all potential slip and fall cases. Alabama slip and fall cases are very difficult to win.

Alabama Supreme Court Issues New Decision Which Discusses Problems With Slip And Fall Cases

In January 2020, the Alabama Supreme Court issued a decision discussing one of the biggest defenses in slip and fall cases — The Open And Obvious Defense. You can read my prior blog article discussing this case at:

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Blackwell Law Firm - Huntsville Personal Injury LawyersAlabama remains a car-focused state. Historically, we have been a rural state with few areas where both cars and pedestrians are present. Naturally, most pedestrian injuries occur in the downtown areas of our largest cities or near our college campuses. I have read the research on pedestrian accidents and have prepared several serious pedestrian death cases for trial. I’ve also seen the many lawyer advertisements that beg for calls but provide no substance on these difficult cases. So, here are a few brief observations of mine related to Alabama pedestrian accidents.

Pedestrian Injuries Are Increasing

In a recent tweet, the Insurance Institute for Highway Safety (IIHS) noted that over the last 10 years pedestrian deaths have increased 69% across the United States. The data shows increases in both pedestrian and bicyclist deaths. In its 2017 Alabama Statewide Bicycle and Pedestrian Plan, the Alabama Department of Transportation (ALDOT) recognized the rise in serious accidents:

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Blackwell Law Firm -- Huntsville Accident & Injury LawyersMost of the people who call us about car accident injury claims were wearing their seat belt when the crash occurred. Most, but not all. Some people do call after a wreck where they were not wearing a seat belt. One of the first questions they ask — Does that impact my personal injury claim?

I’m happy to discuss the question. But, I still want to start with a discussion of safety. Seat belts clearly save lives!

SEAT BELTS SAVE LIVES!

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Alabama Car Accident LawyersHurt in a car wreck? Have a claim for your injuries? For most people, the rules and procedures are unfamiliar territory. Hopefully, a car crash injury is something you will never experience.

Each state has its own laws and rules related to car accidents. While most rules serve an important purpose, a few are unfair and unjust. Some of these unjust rules can unfairly harm your potential claim. Many of these unfair rules should have been changed long ago. Here are five bad rules that can unjustly harm your Alabama car crash claim:

I.      Alabama Guest Passenger Statute

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