We're open 24/7
200 West Side Square, Huntsville, AL 35801
Personal injury and car wreck attorney in North Alabama
Fault in car accidents is determined through an investigation that considers various factors. Here are the most common aspects used to establish fault in a car accident in Huntsville:
Police Reports: Law enforcement officers who arrive at the scene will often create a detailed report that includes their observations and any citations issued. This report can serve as a key piece of evidence in determining fault.
Eyewitness Statements: Witnesses to the accident can provide crucial details about how the incident occurred. Their statements can corroborate or challenge each driver’s account of the events.
Traffic Laws and Violations: Violating traffic laws, such as running a red light or failing to yield, can often establish clear fault. A Huntsville personal injury attorney can help interpret how these violations impact your case.
Vehicle Damage and Accident Reconstruction: The location of damage on the vehicles involved and accident reconstruction analysis can provide insights into how the collision happened, helping to clarify fault.
Knowing what to do immediately after a car accident can significantly influence how fault is determined. Here are some steps that can help strengthen your case:
Document the Scene: Take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. This evidence can be invaluable when proving who is at fault.
Gather Witness Information: If there are witnesses, ask for their contact information and a brief statement of what they saw.
File a Police Report: Even in minor accidents, having an official report on file can help validate your account of the incident.
For more detailed guidance on post-accident steps, check out our page on Steps to Take After a Car Accident in Huntsville, Alabama.
Alabama’s strict contributory negligence laws can make it difficult for victims to receive compensation if they are found partially at fault. This is where an experienced car accident lawyer in Huntsville, AL comes in. A lawyer like Phil DeFatta can help you gather evidence, negotiate with insurance companies, and build a solid case for compensation.
Phil DeFatta has a deep understanding of Alabama’s fault laws and has helped numerous clients successfully navigate the complexities of car accident claims. As a trusted Huntsville injury lawyer, he ensures that every aspect of your case is thoroughly analyzed to maximize your chances of a favorable outcome.
Insurance adjusters often play a significant role in determining fault after a car accident. They will:
Review the Police Report: The adjuster will scrutinize the police report for any evidence of fault, including citations issued at the scene.
Analyze Statements: Both drivers' accounts, along with any eyewitness statements, will be considered. Adjusters look for inconsistencies or admissions of fault.
Evaluate Physical Evidence: This includes damage to the vehicles and any available surveillance footage or photographs taken at the scene.
Working with an experienced lawyer for auto accident cases can help ensure that your side of the story is fairly represented during the insurance company’s assessment.
Understanding the common causes of accidents can also shed light on how fault is determined. Here are a few frequent causes:
Distracted Driving: This includes texting, eating, or using a GPS while driving.
Speeding: Drivers who exceed speed limits often fail to react in time to avoid accidents.
Driving Under the Influence: Alcohol or drug impairment is a leading cause of accidents and often results in clear fault determination.
If you are involved in an accident due to any of these reasons, it’s crucial to contact a personal injury attorney in Huntsville, AL for a free consultation to evaluate your case.
1. Can I still recover compensation if I am partially at fault?
No, under Alabama’s contributory negligence law, if you are found even slightly at fault, you cannot recover damages. This makes it vital to have a personal injury lawyer near me who can help demonstrate the other party's fault.
2. What if both parties disagree on fault?
If there is a dispute over fault, it may be necessary to collect additional evidence or hire an accident reconstruction expert. An experienced car accident lawyer can help facilitate this process and ensure your case is strong.
3. How long do I have to file a claim?
In Alabama, you have two years from the date of the accident to file a personal injury claim. Consulting with a Huntsville personal injury attorney as soon as possible can help ensure that you meet all deadlines.
“One of the best injury attorneys in Huntsville, Alabama. Mr. DeFatta's work ethic is simply unparalleled.” - Drew
Phil DeFatta is not just a car accident lawyer in Huntsville, AL—he is a dedicated advocate for his clients. With years of experience in personal injury law, he has a proven track record of successfully handling car accident cases. When you choose Phil DeFatta, you get:
Personalized Attention: Phil understands that every case is unique. He takes the time to listen to your story and develop a strategy tailored to your needs.
Extensive Knowledge: As a seasoned personal injury attorney in Huntsville, Phil is well-versed in Alabama’s fault laws and insurance tactics.
Proven Results: Many clients have benefited from his expertise, securing the compensation they deserve.
