According to the latest data from the U.S. Department of Transportation, there were nearly 6.3 million car crashes in the United States in 2015, a number that was the highest it had been in more than 10 years. Out of those crashes, there were 32,166 fatalities and more than 1.7 million injuries. Nearly one in three car crashes will result in a serious injury or fatality. If you drive, you should be prepared to take steps to protect yourself if you are in a car crash, and that includes gathering the proper records and evidence in case you decide to pursue a car accident claim.
If you were in a car accident caused by the negligence of another party, and you pursue a car insurance claim or personal injury lawsuit against them, the success of your claim or lawsuit will depend on your ability to prove fault and the extent of your damages. Having proper paperwork helps your case.
Car accidents can be jarring and stressful. Make sure you keep these records so that you have peace of mind you have all the documents you need, should you decide to pursue legal action if the negligence of another made you a car accident victim.
1. Police Report
If you’re seriously injured in a car accident, it’s always a good idea to call 911. Police can file a formal report of the scene of the accident, as well as interview witnesses and the other parties involved. A police report is a document that holds major clout in the eyes of insurance companies and in court.
When talking with police, be honest about what happened, but do not make statements that place fault or blame on you if you are a victim. In the stress of the car accident environment, sometimes victims offer an apology, even when they did nothing wrong. Don’t do this.
As you talk to police, be sure to point out:
Any traffic violations the other party carried out
Any suspicious behavior you observe in the other party, such as the smell of alcohol or marijuana
Anything the other party said, such as admitting guilt
If there are witnesses of the car accident, ask them to stay at the scene until police arrive, so police can question them, as well. At the very least, ask for the name, driver’s license number and phone number/email address of witnesses, so they can be contacted for statements later.
Get a copy of the police report by contacting the police department that came to the scene. Give your name and the names of any other drivers involved, as well as the name/badge number of the officer who came to the scene, and the date and location of the accident. You’ll want to take note of all this information at the accident scene.
2. Car Accident Evidence
In addition to the police report, it’s helpful to document your own evidence of the car accident. Shoot photos or videos of the damage to your car, as well as damage to any other vehicles involved. If property was harmed in the accident, take photos and videos of that. If there are signs of a car accident like skid marks, take photos of those, too.
You can also document any physical injuries to you or other passengers. If you hear questionable statements from any party, write them down in addition to telling police about them. If your injuries prevent you from gathering evidence at the car accident scene, ask someone for help in doing so, including from police.
After the accident, you may also want to contact businesses close by, who may have had video surveillance and footage of the accident. A video of the accident while it occurred can be extremely helpful.
3. Medical Records
It’s essential to keep all records of medical treatment you receive. It’s helpful to create a binder dedicated to housing all records from your car accident, so you have everything organized in one place. Make sure to keep all your bills in addition to treatment documents. Treatment documents include treatments received, diagnoses, prescribed medications and any other files that contain medical recommendations.
Your medical treatments may last months or more. Gather records that range from emergency medical services you receive at the scene of the accident, all the way to physical therapy that occurs weeks or months after the accident. Verbally request these at your appointments, or call the medical/billing department at your healthcare provider to obtain them.
4. Lost Wages Proof
If you have to miss time off work due to your injury, you’ll want to quantify how much money you’ve lost by showing proof of income. To do this, gather any pay stubs and/or tips records that show your income.
If you receive any documentation from your employer, keep those records, too. If your injury prevents you from returning to work altogether, keep any documentation that shows those losses.
5. Vehicle Repairs and Damage
As you get your vehicle repaired after the accident, keep all records documenting repair work. If your vehicle was totaled, you’ll want to get documentation that shows the estimated value of your car before it was destroyed. If your vehicle was towed away from the scene, contact the towing company and ask them to keep the vehicle intact until it can be examined and documented.
You can consult with several auto body repair shops to get an accurate estimate of damages. Your car insurance company will likely play a prominent role in assessing damages, as well, so retain all documents sent from them.
6. Personal Account
Because you may not file a claim or lawsuit until well after the car accident has occurred, the more details you can remember and have access to, the better. Keep in mind, though, that the statute of limitations for filing a personal injury lawsuit in Alabama is two years, which means you must file a lawsuit within two years of your accident.
To keep the details of your accident fresh in your mind, keep an accident journal. This will help especially when you provide testimony in your case. It will also be of great assistance to your legal team.
Begin your journal on the day of your accident. In your journal, document everything that happened at the scene of the accident and how your injuries progress. Also, note vehicle repair chronology. A journal can help you see how the severity of the accident impacts your life, from the medical treatment you have to receive, to how it affects your work. Make sure to date each entry and write about how you’re feeling physically, mentally and emotionally.
Contact a Birmingham Car Accident Lawyer for Help
If you are a car accident victim, the Birmingham car accident attorney team at Pittman, Dutton & Hellums can help. We offer no-obligation, free consultations and will only take on your case if we believe we can win. You don’t pay unless your case is successful.
If you’ve compiled records like those mentioned, those are helpful in how we determine what your case is worth. Contact us for a free consultation today.
Business owners who are hosting holiday parties for their employees must consider one serious factor when planning: alcohol. Employees who get drunk at a party might drive off and get into an accident. You don’t want to face a lawsuit from an employee or someone they hurt, and you definitely want to keep your employees safe and sound after any work party where alcohol is served.
Excessive alcohol use contributes to more than 88,000 deaths a year, according to the Centers for Disease Control and Prevention. With Christmas right around the corner, if you plan on serving alcohol at your work holiday party, read this guide to help employees stay safe and prevent drunk driving after holiday parties.
1. Set Guidelines Before the Party
If you’re going to serve alcohol at a holiday party, let employees know beforehand. This way, they can plan for transportation to and from the event.
Make it clear that the party is not about drinking. Highlight all the non-alcohol entertainment you’ll have at the party, whether it’s games, food, music or dancing. This can help to lessen any pressure employees may feel to drink, and make the purpose of the party one that’s not about alcohol.
State consequences for employees who engage in destructive behavior because of drinking. You may want to add these to your employee handbook and outline that:
Your business is not responsible for damage an intoxicated employee causes to any property.
Your business will enforce punishments for inappropriate behavior, whether a work event is held on-site or not.
Employees are responsible for their behavior at all times.
You may even want to create a written contract to hand out to employees before they attend, where they agree that they are responsible for their actions, even when fueled by alcohol. This can discourage excessive drinking.
2. Prevent Over-Indulgence
One way to avoid over-serving employees alcohol is to employ trained bartenders at your event and instruct them to not serve alcohol to anyone who is visibly intoxicated, or host the event at an establishment with a liquor license.
You may also consider handing out a set number of free drink tickets for the night, like one or two per person. Forcing employees to pay a cash bar for additional drinks may discourage them from drinking too much.
Serving mixed drinks, like holiday punch, or drinks that are made with various types of liquor, can make keeping track of how much you’ve imbibed more difficult. You may want to just serve beer or wine, so it is easier for employees and their guests to track how many drinks they’ve had throughout the night.
You should also serve food at any event where alcohol is served. This can help to give employees a non-drinking activity to participate in (eating), and help to prevent employees from getting drunk as quickly as they would on an empty stomach.
3. Provide Easy Access to Transportation
Ideally, you’ll host a holiday party close to public transportation. If not, you could partner with a ride-sharing service to provide holiday party ride codes to employees, so they have a free ride home if they’re intoxicated.
Think about how much each of your employees is worth, and what kind of hit your business will experience if you lost one due to an injury or even death. Adding free rides to your holiday budget, whether it’s a party bus or ride-sharing credits, can keep everyone safe. At the very least, have the numbers of local taxi cab companies available for attendees to call.
You could also host a party near a hotel, so that attendees have a place to stay afterward without having to worry about driving home.
4. Get Extra Protection
At any event where you’ll be mixing alcohol with employees, you might want to get extra insurance to protect you. You may face the risk of being sued by a victim of an employee who drives while drunk, so covering your bases with insurance and signed contracts by party attendees may help protect you.
Also, make sure you have some party attendees who agree to be sober drivers for the night. These people can be the ones to do last-minute errand runs or trips to get an item that is running low or has run out of stock. You might also consider offering a bonus to employees who volunteer to be sober designated drivers for their coworkers, so that there are lots of sober driving options available.
Host a Safe Holiday Party This Season
At Pittman, Dutton & Hellums, we wish you, your business and your employees a very merry holiday season. Make employee safety a priority at any event where alcohol is served, so you protect employees and your business.
If you’ve been in a serious accident where you experienced a personal injury, like a car crash or a slip and fall accident, you may be wondering about whether or not to contact an attorney. The good news is, with many personal injury lawyers, you can explain what happened and get a free consultation with no obligation to work with the attorney. This allows you to get to know many lawyers before deciding on the one you want to work with.
In general, the following are signs that you may be entitled to compensation for your case – in some cases, much more than an insurance company is willing to offer you.
The other party’s negligence caused your injury
The injury was serious enough to warrant a trip to the emergency room, hospital or multiple doctor’s visits
The injury resulted in expensive medical bills, time missed off work or a permanent disability
There is evidence and/or testimony that can demonstrate the fault of another party
If just one of these situations is present, you may have a personal injury case on your hands. What you may not know is that the statute of limitations in Alabama and in states throughout the country mandates the time period in which a victim can file a personal injury claim. Here’s what you should know.
What Is the Statute of Limitations in Alabama?
The statute of limitations in Alabama is a law that stipulates that victims of personal injury or the loved ones of victims who have died due to negligence have a specific amount of time in which to file a claim. The statute of limitations is in place so that offending parties do not have a legal issue that they may have to deal with for the rest of their lives, and so that victims start the legal process to gain compensation in a timely manner.
In Alabama, the statute of limitations for personal injury is two years. This is according to Alabama Code Section 6-2-38, which also states that commencement of actions must be brought within two years for negligence causing death, as well as actions of libel, slander, recovery of wages and property damage.
This means, if more than two years have passed since the date of an accident causing an injury, you will not be able to file a claim for damages for your injury. There are some cases, such as those involving medical malpractice that result in injuries long after the damaging actions were done, where a plaintiff may seek to extend the statute of limitations in accordance with the time the injury was discovered.
Benefits of Calling a Lawyer Quickly After an Accident
In addition to taking advantage of a free, no-obligation consultation, there are many advantages to contacting a Birmingham personal injury lawyer as soon as possible after a serious accident. These include:
A Lawyer Can Help with an Inaccurate Police Report
If the police report of your accident is inaccurate, including if it puts you at fault for the accident when you were solely the victim, contacting an attorney means you can get a headstart on rectifying the falsehoods.
An Attorney Can Protect Your Rights with Insurance Companies
The offending party’s insurance company will likely contact you quickly after the accident, and may pressure you into saying something you don’t want to or shouldn’t. A lawyer can prepare you for this. Also, often insurance companies will settle for far less than the victim deserves, or not offer a settlement at all. When you have significant medical bills or are missing time off work because of an injury, getting a case started with a lawyer can help you get compensated more quickly.
Working with a Lawyer Prepares You for Dealing with the Other Party
Depending on the other party that caused the accident, you may be facing a business with a full team of lawyers, or even a government entity with the funds to fight you. Victims can be pressured into giving away information or providing inaccurate information that helps the other party, or be bullied into taking a low settlement. Knowing what your case is worth increases your chances of getting the compensation you deserve.
When you can work with a personal injury lawyer that works on a contingency basis, like the team at Pittman, Dutton & Hellums, you have the peace of mind that the attorney is working in your best interests, since they don’t get paid unless you do. If you’ve been in a serious accident and experienced an injury, don’t delay. Contact the personal injury team at Pittman, Dutton & Hellums today for a free consultation.
We are extremely proud to announce that 5 of our attorneys have been selected to The Best Lawyers in America and one attorney selected as the Top Lawyer in America! Less than 5% of attorneys nationwide achieve this peer-nominated, coveted distinction. We consider our selves to be not only one of Alabama’s top law firm but of the countries finest. Congratulations to the hardworking attorneys and staff that made this possible.
Chris T. Hellums was recognized and awarded as the Lawyer Of The Year for Mass Tort Litigation & Class Actions – Plaintiffs as well as being recognized and listed as one of Americas Best Lawyers for his accomplishments in litigating anti-trust cases.
W. Lee Pittman was recognized and listed to the prestigious Americas Best Lawyers for his work in
Medical Malpractice Law – Plaintiffs Personal Injury Litigation – Plaintiffs Product Liability Litigation – Plaintiffs
Mr. Pittman has been consistently recognized as one of Americas Top Attorneys dating back to 1991.
Thomas E. Dutton was the recognized as one of the Americas Best Lawyers in America for his work in
Some of the most common car accident causes are preventable. These include:
Not paying attention to other vehicles
Failing to adapt to changing road conditions
Following other vehicles too closely
Ignoring blind spots
Driving while impaired
Allowing emotions like anger to influence unsafe driving behaviors
Ignoring dangerous driving conditions
Defensive drivingis the safest driving technique that requires that drivers stay alert and aware of their surroundings and adapt accordingly. Using defensive driving strategies helps drivers avoid problems unsafe drivers or road conditions can cause.
As we’ve learned in the cases that we’ve helped clients earn more than $800 million in settlements from, when it comes to driving, it’s always better to be safe than sorry. Here are some defensive driving strategies you can use to avoid a costly accident – not just in terms of money, but in terms of human safety.
1. Focus on Driving
Don’t text, don’t look down at your phone, and don’t turn around to talk to the passenger in the back seat. Don’t eat food or apply makeup while driving.
Keep your eyes focused on the road and changing traffic conditions. Observe speed limit changes, the state of the road and any obstacles, traffic controls and cars in front of, behind and next to you.
2. Make Safety the Top Priority
You may encounter unsafe driving behaviors that tempt you to react unsafely, as well. For example, if someone is tailgating you on a freeway, you may want to speed up to create some distance, but that just makes you speed, as well.
If another driver is swerving, following you too closely, changing speeds erratically or driving in another way that is unsafe, don’t react – avoid the driver and move away from them.
3. Assume the Worst
You may be an impeccable driver, but you can’t count on other drivers to be as safe as you. That’s why you should always follow all traffic laws, which are in place to keep motorists safe.
In addition to paying attention to unsafe driving behaviors that are happening, you should take extra precaution while driving in case something dangerous happens unexpectedly. Be sure to:
Leave at least one car length in front of you and the next driver in front of you for every 10 miles per hour you are driving, in case the driver stops suddenly or decreases speed for some reason.
Drive the speed limit.
If you need to change lanes, do so early and check your blind spots before merging, so you can avoid a driver speeding up and preventing you from doing so safely.
Use turn signals and obey all traffic controls.
Even if you have the right of way, yield for drivers when it appears they won’t yield for you. Remember that some reckless drivers will run red lights or fail to let you pass in front of them.
Constantly scan your surroundings to identify any unsafe behaviors you want to avoid. Don’t just look directly in front of you. Be aware of conditions down the road to anticipate how to react to them.
4. Never Drive While Impaired
Alcohol, illegal drugs and even some prescription drugs can all impair your ability to drive alertly. Follow all directions to avoid driving after taking certain prescription drugs. Never drive while intoxicated, because that will slow down your reaction time.
Avoid driving while your emotions are heightened, as well. Anger could cause you to drive aggressively, while even a positive emotion like euphoria could make you feel more confident in using reckless driving behaviors.
5. Maintain Your Car
Finally, one of the easiest ways to increase the safety of your driving is to make sure your car is in perfect working condition. A car that breaks down in the middle of the freeway can cause car accidents. If your windshield wipers don’t work, and it starts raining, your visibility will suffer. Proper car maintenance goes hand-in-hand with safe driving behaviors.