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Alabama Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Civil Litigation for Alabama on
Q: My boyfriend borrowed a friends car (no insurance on car) with her permission. Something broke on the front end and he

Wrecked the car but didnt hit anyone else. She is threatening to press charges against him if he doesn't buy her another car by end of the week. The wreck just happened last night. Can she do that?

Samuel G McKerall
Samuel G McKerall answered on Jul 9, 2020

No, under the facts as you have given them she cannot do that. On the other hand, if it turns out he did NOT have her permission, then she can, but it won't get her anything since he will then have to be spending money on a criminal defense attorney.

But beyond that, and there's...
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1 Answer | Asked in Car Accidents for Alabama on
Q: I was rear ended in a car accident at 36 weeks pregnant. What is my settlement looking like?

I was rear ended in a car accident at 36 weeks pregnant. I sustained a bruised placenta , and was put on bed rest for the remainder of my pregnancy. I also spent 3 days in the hospital being monitored and almost went into labor twice . This was in October 2019 . I have a lawyer and I am currently... Read more »

Christopher Belk Estes
Christopher Belk Estes answered on Jun 10, 2020

Based on your description of the facts of the crash, liability does not sound like it is in dispute. If liability is in dispute, it can influence the value of a case. As for the settlement amount, there are many factors that go into the (1) settlement value and (2) potential trial value of any... Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: I was at a party and when I was leaving a car was on my blind side of my truck, and I hit it but the police was not

The other drive told me today its 2500 to fix his car. I told him no because the police wasn't called and my phone was died he refuse to call on his phone, my question do i still have to pay for his car after he refuse to call and make a police report, I told him I will pay the $500 so... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 20, 2020

It's your decision, but the fact that there was not a police report does not mean he cannot turn around and sue you. The bottom line is that you really don't know what the other side will choose to do - try to renegotiate, accept your offer, walk away and forget about it, or sue you. No... Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: why doesn’t a car accident attorney get 15,000.00 out of my 21,000.00 settlement in Alabama when his fee said 40%.

The insurance company gave an offer of 21,000 and he called me and said I would pocket 6000.00 that’s a big chunk of money when his fee stated 40% plus other chargers like copies, phone calls ect.

Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

Read your contract. It probably says, expenses are to be reimbursed first and then he gets his 40 percent. And depending on how much his expenses were, you could end up with the amount he is telling you. Filing fees alone in civil cases are around 500-1000.

Then there are medical records to...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Alabama on
Q: You I had a guy rear end me at a red light and it was the guys fault well now his Insurance company is leaving me stuck

His insurance company got me a rental car and now I was informed I have to return it tomorrow. Their garage totaled out my car now they say the check for the van has to be paid to this shady lien holder so now I’m going to be stranded and no money. I’m disabled and I don’t get money until the... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

I'm very sorry that all these things are happening to you on top of the recent loss of your husband. Unfortunately, when it comes to rentals, the allowances are strictly monitored. Once a check is cut, or once a determination of damage is made, that's about the end of the line for the... Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: What are the laws on cutting through a service station or business to avoid a red light?
Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

You should check with an Alabama traffic ticket attorney for actual statutory authority on this issue, but your question remains open for three weeks. As a general matter throughout many jurisdictions, the act of doing that is codified as "avoiding a traffic control device," or something... Read more »

2 Answers | Asked in Car Accidents for Alabama on
Q: Who would be at fault in this circumstance?

I hit a car from behind. It was night time and raining. The car was at a complete stop in the middle of the road (right lane) without lights on or emergency lights. The driver said he had run out of gas. By the time I was able to see the car I could only slam on the brakes causing me to slide until... Read more »

Mr. Stephen F. Thompson Jr.
Mr. Stephen F. Thompson Jr. answered on Dec 10, 2019

I depends. If the other driver's battery worked, then the hazard lights should have been on. If there was an emergency lane, then the car should've been over in it and not in the middle of the road. But maybe there were reasons it wasn't.

Alabama is a contributory negligence...
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2 Answers | Asked in Criminal Law, Divorce, Car Accidents and Child Custody for Alabama on
Q: how can i become a lawyer
Gary Kollin
Gary Kollin answered on Oct 29, 2019

By graduating from a law school, passing the Bar exam and then be approved by the Bar.

But this is not a legal question.

If you were not able to determine this on your own, then being a lawyer is not for you

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1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Alabama on
Q: If someoone wrecks and leaves the seen but no others were involved and no property damage what can happen?
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

It is possible that the person can be charged with leaving the scene so I would advise them to get their car out of there instantly, for starters.

1 Answer | Asked in Car Accidents for Alabama on
Q: If youbare parking in a parking lot and trying to straighten out must other cars wait until your finished?
Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Depends. They can proceed if you clear the way--they don't have to wait for you to finish. If there was a collision, a lot depends on who is where, when. If they could see you were going back and forth they should have waited.

4 Answers | Asked in Car Accidents and Personal Injury for Alabama on
Q: Would grass clippings blown in the roadway intentionally, causing injury or death in an accident be cause for a lawsuit?
Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on Jul 29, 2019

In my opinion - it "could" be a basis for a lawsuit, but it really depends on the other circumstances. Your inquiry doesn't indicate the AMOUNT of grass clippings or HOW the grass clippings caused the accident/injury, and without this information, I don't think a definitive... Read more »

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1 Answer | Asked in Car Accidents for Alabama on
Q: My Daughter was hit by a hit and run driver. My property was totaled what recourse do I have against the person.
Peter N. Munsing
Peter N. Munsing answered on Jun 14, 2019

If you don't have collision and the police haven't identified the driver there is no recourse. If you have identitified the driver sue the driver.

Your daughter would have a claim for "uninsured motorist" benefits as in most states uninsured motorist coverage applies to...
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1 Answer | Asked in Agricultural Law, Car Accidents and Environmental for Alabama on
Q: Is it illegal to mow grass clippings into the road in alabama
Tim Akpinar
Tim Akpinar answered on May 2, 2019

As a general matter throughout the nation, some jurisdictions have local regulations/codes that treat such clippings as hazards to the public or to traffic. This is aside from any state and local environmental or sanitation regulations that might apply.

Tim Akpinar

3 Answers | Asked in Car Accidents, Personal Injury and Products Liability for Alabama on
Q: I was hit in a car accident March 1st 2019 I had liability on my automobile the other driver was at fault do I have case

audio footage of the accident I had liability I'm looking to sue for the loss of my car my loss of wages pain and suffering

J. Brent Burney
J. Brent Burney answered on Apr 6, 2019

Yes, you would have a claim for the property loss, medical bills, pain, and suffering. You could also recover your lost wages if you have proof that you missed work as a result of the injuries suffered in the accident. The property claim is separate from your bodily injury claim. Thus, you can... Read more »

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1 Answer | Asked in Car Accidents for Alabama on
Q: State al can I file my own papers involving a car accident
Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Not sure what papers you mean. If you mean a claim for injuries you want to first get with a member of the Ala. Assn for Justice in your town--they give free consults. Otherwise you could do things, say things that get you into trouble. If you have a claim get legal advice.

4 Answers | Asked in Bankruptcy and Car Accidents for Alabama on
Q: Can you file chapter 7 on a miscellaneous circuit civil case involving automobile accident in Alabama
Timothy Denison
Timothy Denison answered on Feb 26, 2019

Yes. However, it it involves injuries resulting from s DUI, it will not be dischargeable.

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3 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Alabama on
Q: I was in a car wreck that totaled my car so I converted to CH 7 bankruptcy from 13 will I get any of the settlement?

I was in 13 when it happened, but before the settlement was in I had converted to 7.

John Martin Hilla
John Martin Hilla answered on Feb 1, 2019

You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.

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2 Answers | Asked in Car Accidents and Wrongful Death for Alabama on
Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver

Driver is over 60. Sober. Upstanding citizen. Victim is under the influence.

Peter N. Munsing
Peter N. Munsing answered on Dec 14, 2018

Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.

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2 Answers | Asked in Car Accidents and Personal Injury for Alabama on
Q: If i was in a head on collusion, but dont know who was at fault, what should i do?
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 3, 2018

You should consult an attorney who handles car accident cases and provide them with as much information as you have. You may also be able to retrieve the police report from the investigating police entity. If you do not know then consider contacting the police in your area. We hope that you are... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: Do I have to wait to cash any insurance settlement check for damage to my SUV if I also want to file a personal injury

claim for medical bills?

J. Brent Burney
J. Brent Burney answered on Nov 20, 2018

Generally you do not have to wait. The property damage claim is a separate claim from your bodily injury claim which includes claims for medical bills. You should make certain that there is no language on the endorsement section of the check that states you are waiving all claims related to the... Read more »

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