Imagine driving on State Highway 119 near U.S. Highway 280, and you’re suddenly hit by a distracted driver who was texting. You break your forearm and ankle in the violent crash. Who will pay for your medical bills? You can’t work for at least a month, so how will you provide for your family?
Our dedicated Birmingham distracted driver lawyers at Cory Watson Attorneys are based in Birmingham, Alabama. We are ready to hold the distracted driver liable for their bad driving. Read about distracted driving claims and lawsuits on this page. Then, talk to one of our Cory Watson Attorneys for a free consultation.
Our Birmingham car accident lawyers have fought hard and recovered billions in compensation for our injury clients. We are ready to stand up to any insurance company to get compensation for your car accident injuries.
Most auto insurance companies will try to settle your case for pennies on the dollar. But we will never let this happen. We’re ready to fight hard for you.
Birmingham Distracted Driving Guide
- Why Choose Our Birmingham Distracted Driving Lawyers?
- How Is Distracted Driving Defined In Alabama?
- Alabama Distracted Driving Laws
- How Much Is My Distracted Driving Case Worth?
- Where Do Distracted Driving Accidents Happen in Birmingham?
- About Our Car Accident Litigation Practice
- How Our Car Accident Attorneys Fight the Insurance Company
- Common Car Accident Defenses
- What to Do After a Distracted Driving Accident
- Potential Compensation In Birmingham Distracted Driving Lawsuits
- Contact Our Birmingham Distracted Driving Attorney
Why Choose Our Birmingham Distracted Driving Lawyers?
Our skilled, experienced car accident attorneys have fought for compensation for accident victims for 40 years. We have a strong track record litigating for thousands of your personal injury clients.
Our attorneys have gone up against large and small defendants, and we aren’t afraid to go to battle against Fortune 500 companies. There isn’t a distracted driving case that is too big or small for us. We have obtained over $3 billion in settlements and verdict awards for personal injury accident victims.
Our distracted driving accident attorneys in Birmingham are well-established in our community. We have corporate offices close to Alabama Public Television and Brother Bryan Park, so we are never far away.
Whether your case involves distracted driving in a car or truck accident, our attorneys will advocate passionately for your rights. Contact us 24/7 for a free legal consultation about your car accident.
How Is Distracted Driving Defined In Alabama?
Alabama defines distracted driving as any activity that can divert one’s attention from driving.
All driver distractions are dangerous and include:
- Texting on a cell phone
- Talking on a cell phone
- Browsing the Internet on a cell phone
- Eating and drinking
- Talking to others in the vehicle
- Reading maps
- Checking the GPS
- Watching videos
- Changing the radio
Accident statistics in Alabama show that at least 90 percent of highway accidents are because of driver error or inattention. If someone is distracted while driving, they are much more likely to get in a severe accident. It takes only three seconds at 55 miles per hour to drive the length of a football field, so you can imagine how dangerous being distracted can be.
Alabama Distracted Driving Laws
Alabama law 32-5A-350 states that drivers cannot text with a cell phone while driving. It also is against the law for drivers under 18 to use a cell phone while driving, even if it is hands-free. However, it is still legal for people over 18 in Alabama to use a cell phone when driving, as long as they are not texting.
A bill proposed in 2019 would have changed this law, but it was not passed in the Senate. However, the law does allow people to send and receive texts when sitting at a red light. Drivers also can use headsets and headphones.
How Much Is My Distracted Driving Case Worth?
If a distracted driver harms you and you have medical bills and other losses, it’s understandable to ask what your claim is worth. Even a relatively minor car accident injury can be expensive to treat.
Some factors that will influence the value of your distracted driving case are:
- Injuries: How bad are your car accident injuries? Do you require a stay in the hospital, surgery, and weeks or months of additional care? The more extensive your injuries and treatments, the more the case can be worth. For example, if you injured your spine in the crash and needed surgery to fuse the vertebrae, you may recover more compensation than if you suffered whiplash.
- Mental and emotional trauma: For many car accident victims, their anxiety, depression, and PTSD from the accident are almost as bad as the physical injuries. Your attorney will work with your doctor to evaluate your mental suffering and anguish.
- Missed income: Have you missed work time because of your distracted driver injuries? You can be entitled to lost income in the past and loss of income in the future. If your injuries affect your ability to earn a living, this can be a large part of your settlement.
Car accident settlements in Alabama can be worth various amounts of money. Much of the case’s value comes down to your degree of injury. Often, cases settle for whatever the insurance policy limits are.
Where Do Distracted Driving Accidents Happen in Birmingham?
Certain roads in and around Birmingham have more car accidents than others. These accidents are often because of distracted driving, bad weather, speeding, and other factors.
The most accidents in Birmingham happen at these intersections:
- I-20 and I-59: These two interstates run north to south in the city and are the site of hundreds of serious and fatal accidents annually.
- I-65: This interstate also goes through the city from north to south and has seen dozens of severe accidents in the past year.
- I-459: This interstate has seen several dozen serious accidents this year. The road only crosses a small part of town but is a busy highway.
- Jefferson Avenue SW: This is a four-lane road in southwest Birmingham that has many serious accidents every month.
About Our Car Accident Litigation Practice
Depending on how severe your distracted driving auto accident was, you can have weeks or months of treatment going forward. Our car accident lawyers at Cory Watson Attorneys will handle every part of the process so you can get better.
Our car accident attorneys will work with you to determine:
- How did the distracted driving accident happen? Learning all the facts about the crash can be critical to determiningfault. For example, perhaps the driver was texting on their cell phone in Birmingham, ran a red light, and slammed into you. A thorough understanding of the accident will help us fight any allegation that you were at fault. If a cell phone is likely involved, our attorney will subpoena the driver’s cell phone records.
- Your injuries: The severity of your car accident injuries will greatly affect the compensation we obtain for you. For instance, a shattered pelvis in a high-speed crash will lead to more money than a broken wrist.
- Required treatments: The more severe your injuries, the more treatments you will need. Juries will often award more compensation to accident victims who need major operations, such as hip surgery or brain surgery, followed by physical therapy. Our attorneys are skilled in working with physicians to argue for the most compensation for your injuries and medical treatments.
- How the injuries affect your life: Not everyone fully recovers from a serious car accident. Even after treatments are complete, you can suffer chronic pain, limited mobility, and stiffness. Physical injuries can also cause mental trauma.
How Our Car Accident Attorneys Fight the Insurance Company
One of the most important tasks of your Birmingham distracted driving accident is to get adequate compensation from the insurance company. The at-fault driver will likely have auto insurance to cover your damages. Their personal auto insurance policy may have enough coverage to pay your damages, but not necessarily.
Even if there is adequate coverage for your medical bills, lost earnings, and pain and suffering, you can bet the insurance company will fight. Our car accident attorneys know how aggressively insurance companies can contest claims.
We are comfortable negotiating aggressively on your behalf. They want to pay car accident victims as little as possible, but we won’t allow it.
Our attorneys will demand the most money; if the insurance company balks, we can file a lawsuit. Sometimes, just saying we’ll sue is enough to encourage a fair settlement, but if not, we know how to make a persuasive injury case to a jury.
Common Car Accident Defenses
When a distracted driver hits and injures you in Alabama, you may think that winning your case will be simple. Not necessarily.
Drivers and their insurance companies use many tactics to defend against liability for injuries, including:
- Blaming you for the accident
- Questioning the cause of your injury
- Claiming your injury was pre-existing
- Stating you have insufficient evidence
If you want to file a distracted driving lawsuit in Alabama, Cory Watson Attorneys will do their utmost to counter defense arguments.
What to Do After a Distracted Driving Accident
After a distracted driving attack can be a whirlwind of confusion and stress. You may have difficulty thinking about what to do next, but there are several things you should do to ensure your health and legal options.
The most important step after a distracted driving accident is to get medical attention. You must ensure your injuries are treated quickly and don’t worsen.
Other critical steps for your claim after the accident are:
- Call the police: Some at-fault drivers might try to persuade you that there’s no need to call the police. Don’t listen to them. Remember, Alabama law requires you to report any crash with injuries or death. Also, getting a police report can be helpful for your lawsuit later. If you drive away without calling the police, nothing can prevent the other driver from calling and changing their story. They can blame you for the accident!
- Document your car accident injuries: If you’re hurt with visible injuries, you should get them photographed and videoed right away. You also can have your doctor take photographs and videos if needed.
- Write down or video everything you remember after the car accident. Your memory will fade after a few days, so record everything you remember about what happened. If the other driver apologized, note this because it helps your case.
- Keep a record of all car accident medical treatments. Keep all receipts, invoices, prescription drug expenses, and other medical-related costs. Also, keep copies of your paystubs and note how many work hours you have missed.
- Keep a record of any communications you have had with the at-fault driver’s insurance company. It’s best to have your Cory Watson Attorney deal with the insurance company so they don’t use your words against you. Handling insurance companies is our business; we do it well, so let us talk to them.
Potential Compensation In Birmingham Distracted Driving Lawsuits
Under Alabama law, you can receive the following damages in your distracted driving lawsuit:
- Economic damages for your accident injuries, including current and future medical costs, lost income, and property damages
- Non-economic damages, such as pain and suffering and mental anguish
- Punitive damages can be allowed if the driver was especially reckless and wanton in their disregard for the safety of others
Remember that the statute of limitations for a personal injury case for distracted driving in Alabama is just two years. Thus, you have only two years from the accident date to file your lawsuit. That is why it is critical to talk to a Cory Watson Attorney as soon as possible.
Contact Our Birmingham Distracted Driving Attorney
If a distracted driver injured you, our car accident attorneys in Birmingham, Nashville, and Memphis want to help.
Cory Watson Attorneys have recovered over $3 billion for auto accident clients. Whether the driver was distracted by a cell phone or something else, we can hold the distracted driver accountable for your medical bills, lost earnings, and pain and suffering. Call (205) 328-2200 today or complete our online form for your free consultation with our Birmingham personal injury attorneys.
For a free legal consultation with a distracted driving lawyer serving Birmingham, call 877-562-0000
Birmingham Office Location
2131 Magnolia Ave s.
Birmingham, AL 35205
(205) 850-1242
Call or text 877-562-0000 or complete a Free Case Evaluation form