Dogs are highly commonplace in the U.S. and are usually very friendly animals. However, if the dog feels threatened for some reason and proceeds to attack a person, it usually ends up biting them. Dog bites can inflict severe physical injury and emotional trauma and have a very dire impact on you and your family. Therefore, if you have been bitten, you must understand your rights, work with a professional, and fully understand all the legal remedies available.

First, you must know that in Alabama, dog bite cases are governed by the legal principle of strict liability. Simply put, this means that all dog owners can legally be held responsible for any injuries caused by their dogs; this fact holds whether the owner knows about the dog’s propensity to be vicious or not.

Another vital factor is that this applies to injuries in public places or if the victim is lawfully present on someone’s private property.

Also, most dog bite cases are classified as personal injury lawsuits and, therefore, have a statute of limitations for filing a suit that extends two years from the date of the incident.

Alabama’s personal injury laws also follow the legal concept of “contributory negligence.” This means that if your actions (as the victim) contributed in any way to your dog bite incident, you may be barred from recovering compensation; not many states still adhere to this rule, but Alabama is one of them.

All the above facts highlight the importance of seeking professional legal advice and guidance as soon as possible from an experienced dog bite lawyer whose expertise can effectively protect your rights and maximize your chances of obtaining the compensation you need and deserve.

After a Dog Bite in Alabama, What Kind of Compensation Could I Receive?

As stated, dog bites can inflict severe and sometimes life-changing injuries. Therefore, with experienced and diligent professional representation, as a dog bite victim in Alabama, you could be entitled to various types of compensation, including:

• Payment of all your medical expenses – You can request reimbursement for all medical costs associated with dog bite injuries. This can include hospital bills, needed surgery, medication, rehabilitation, and more.
• Lost wages due to time off work – These injuries could prevent you from working. You could be eligible to claim compensation for lost pay and even loss of your future earning capacity.
• Pain and suffering – Dog bite injuries can inflict significant emotional distress, followed by long-term intense psychological trauma. Therefore, your compensation could include compensation for continued anxiety, depression, loss of enjoyment of life, and other more intangible issues.
• Property damage – Sometimes, a dog bite incident may damage personal property, such as clothing or accessories; property damage compensation may also be pursued.

Every case differs, and the above are only a few more common areas where you can receive compensation. But you must understand that a complete and thorough understanding of the dog bite laws in Alabama is crucial for protecting the rights of a dog bite victim and seeking appropriate compensation for your injuries.
However, these cases are often legally complex, and you must obtain professional representation to compensate you and your family for the incident fully.

What Should I Do Immediately If I, or a Love One, Is Bitten By a Dog?

Dog bites are hard to predict, but many times, there are similar scenarios that can provoke dogs to attack you, such as:

• If the animal is stressed or seems scared or threatened.
• If the dog has puppies, it may feel the need to protect themselves, their owners, or their puppies
• A history of past physical abuse by the owners, etc.

So, even a friendly dog you may have previously been in contact with may be prone to bite if put in the wrong situation.
If you or a loved one has been bitten, there are things you must do as soon as possible, such as:

• Obtain all the dog owner’s contact information, including their homeowner’s or renter’s insurance and more.
• Get copies of the attacking dog’s proof of rabies vaccination, etc. Many injuries from dog bites include infections, sepsis, etc.
• Seek immediate medical attention to treat any wounds.
• Fully document the incident with photos, videos, etc.
• Get contact information of all the witnesses and whoever had immediate custody of the dog during the incident.
• Look for “Beware of Dog” signs; if none are present, photograph this fact also.

Report the incident to the police and the local animal control state agency in your area. They will have information on the dog, such as if it has attacked anyone, etc.
The more documentation you have, the better your chance of receiving the compensation you need to physically and financially recover and move on with your life.

How Can an Alabama Dog Bite Lawyer Help Me Get the Compensation I Deserve?

Alabama has complex dog bite laws, but in most cases, you could seek compensation if a dog owned by another person injures you.

A dog bite in the state is considered a serious offense, and many cases end up in court. Therefore, if you want to obtain the compensation you deserve, the help of a professional, experienced, and empathetic dog bite lawyer is mandatory.

Alabama dog bite laws place a great deal of responsibility on dog owners. If their dog bites someone, the owners could often face serious ramifications.

If a person or child is severely hurt, the police may charge them with a crime. The state’s animal control division will contact them, and they may have to follow new licensing rules and other contingencies if they want to keep their dog.

Always remember that a dog attack can happen in the blink of an eye, but the effects on you, your child, and your family may last for years to come.

That said, if you’ve been a victim, you must be laser-focused on protecting your rights and staying physically and emotionally healthy. The only real way to do this is to have professional legal representation so that no detail is missed and you get the funds needed to move on both physically and financially.

I Have Been Injured by a Dog Bite; How Should I Proceed?

First, ensure you get the medical attention you need, and formally report the incident to the authorities. Dog bites are usually serious injuries and must be managed by medical professionals.

Additionally, as soon as possible, obtain advice and legal guidance from a Phoenix City dog bite lawyer who will go above and beyond to provide you with the highest legal representation for victims and their families.

The skilled and well-versed dog bite lawyers at the Bence Law Firm Call are intimately knowledgeable about these complex cases and will manage all the numerous details while you focus on getting well.

Call them today at (334) 539-5000 for a free consultation on your unique dog bite case, and they will work tirelessly to get you the compensation you must have to recover and move optimistically on with your life.

The post Legal Steps to Take After a Dog Bite Incident appeared first on Bence Law Firm.

Taking thoughtful steps in the aftermath of a car accident in Alabama can significantly impact your safety, legal rights, and potential compensation. Alabama’s unique legal landscape, particularly its pure contributory negligence law, makes it crucial to approach the situation with care and knowledge. Enlisting the assistance of a knowledgeable local car accident attorney can help you ensure your rights are protected and you receive the full compensation you are entitled to for your injuries and losses.

How Can Your Decisions at the Accident Scene Impact Your Wellbeing and Any Future Claims?

The moments directly following a car accident are critical. Ensuring the safety of yourself and others involved should be your primary focus. If possible, move your vehicle to a safe location off the road to prevent further collisions. Turn on your hazard lights to warn other motorists of the situation. If anyone is grievously injured or the accident has caused significant damage, remain where you are and wait for emergency responders.

Once you’ve ensured immediate safety, it’s time to call the police. In Alabama, you are legally required to report accidents that involve significant property damage or injuries. When law enforcement arrives, provide them with a clear and honest account of the accident. Avoid speculating about fault or making any admissions of guilt, as these statements could be used against you later.

What Evidence Should You Gather at the Accident Site?

While waiting for the police to arrive, you can begin documenting the accident scene. This step is crucial for strengthening your potential claim. Use your smartphone or camera to take comprehensive photos of any injuries, the vehicles affected, and the overall accident scene from multiple angles. Pay particular attention to road conditions, traffic signs, and any factors that may have contributed to the accident.

Collect contact information from all parties involved in the accident, including names, phone numbers, addresses, and insurance details. If there were any witnesses to the accident, gather their contact information as well. Witness statements can provide valuable third-party accounts of the accident, which can be essential for determining liability and proving fault.

If you are too injured to perform these tasks, contact a trusted friend, family member, or personal injury attorney as soon as possible. Motor vehicle accidents are rapidly cleared to ensure public safety and efficient traffic flow, but this can result in the loss of key evidence regarding the crash. Ensuring someone is on-site promptly to document the incident can prove vital to the outcome of your case.

Why is an Immediate Medical Evaluation Strongly Recommended?

Even if you feel fine immediately after the accident, seeking medical attention as soon as possible is crucial. Certain severe injuries, such as whiplash or internal damage, may not be immediately apparent. Delays in treatment can allow the condition to worsen and may even prove life-threatening. A prompt medical evaluation ensures that any injuries are diagnosed early and adequately documented, which can substantially strengthen your case if you need to file a personal injury claim later.

If your doctor identifies injuries, follow all prescribed treatments and attend all follow-up appointments. Keep detailed documentation of all medical visits, treatments, and prescriptions. This documentation will be key in proving the extent of your injuries and the medical costs incurred due to the accident.

What Do You Need to Know Before Contacting Your Insurer?

Once you’ve left the scene and received medical attention, it’s time to report the accident to your insurance company. In Alabama, you are required to report accidents to your insurer within a reasonable time frame. Be honest about the details of the accident, but avoid over-explaining or making any definitive statements about fault. Provide your insurer with the necessary documentation, such as the police report and scene photographs.

However, it is important to be cautious when dealing with insurance companies. Insurance adjusters often look for ways to minimize payouts, so you should be careful about what you say. Avoid giving a recorded statement until you have consulted with a personal injury attorney. An experienced lawyer can help you navigate the insurance process and protect your rights.

Why is it Important to Understand Alabama’s Comparative Fault System if You Are Involved in a Car Crash?

Alabama is one of the few states to follow a pure contributory negligence system, which can significantly impact your ability to recover damages after a car accident. Under this strict standard, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation for your injuries or losses.

The pure contributory negligence rule sets a high bar for accident victims to recover damages. Insurance companies and defense attorneys will often try to find any evidence that you shared even a tiny portion of liability for the accident, as this could completely negate your claim. For example, if you were hit by another driver who ran a red light, but you were driving slightly over the speed limit, you could potentially be found partially at fault and lose your right to compensation.

While this aspect of law makes Alabama one of the most challenging states in which to pursue a personal injury claim, you should never automatically assume that you will be unable to recover damages. It’s crucial to gather as much evidence as possible to prove that the other party was entirely at fault for the accident. Thorough documentation of the accident scene, detailed witness statements, and prompt medical attention become invaluable in bolstering your claim. It’s also essential to consult a knowledgeable personal injury lawyer who can evaluate your accident case and advise you on your options for moving forward.

Why Contact Our Firm if You Have Been Injured in a Motor Vehicle Accident?

A car crash can impact every area of your life. Accident victims can experience massive medical expenses, lost wages during recovery, severe pain, and traumatic emotional responses due to the incident. The aftermath of an accident can feel overwhelming, and it may be difficult to determine your next step, but you don’t have to face the claims process alone. At Bence Law Firm, LLC, we take pride in providing tailored, compassionate legal representation to injured victims so they can reach the best possible outcomes in their cases.

However, prompt action is critical. Under Alabama’s statute of limitations, plaintiffs typically only have two years from the date of the accident to file a claim, and this timeline may even be as short as six months in some situations. Contact our office today at 334-539-5000 to begin your free case evaluation.

The post Steps to Take Immediately After a Motor Vehicle Accident appeared first on Bence Law Firm.

A car accident victim can file claims for two primary categories of financial compensation after the accident.

• Economic damages are quantifiable monetary amounts, including out-of-pocket medical bills (present and future), lost wages, transportation costs to medical appointments, vehicle repair, and funeral and burial costs if the victim dies. These can usually be calculated using medical and repair bills, pay stubs showing wages withheld from being away from work, etc.
• Non-economic damages. These can be more difficult to calculate because they’re not based on hard numbers but on the concept of pain and suffering. That can include post-traumatic stress disorder (PTSD), depression, insomnia, anxiety, and loss of consortium (relationships with loved ones), among others.

There’s a third category of compensation that isn’t as commonly used as economic and non-economic damages, and that’s punitive damages. While economic and non-economic damages are calculated based on the victim’s experience, punitive damages are focused on the at-fault driver. When the driver was especially egregious or even intentional in driving in such a way that it harmed the other driver, the court may order punitive damages to act as a deterrent from behaving that way in the future. It’s not enough for the driver to have been careless or negligent. They have to be proven to have intentionally driven in a harmful manner.

How Are Damages Calculated in Alabama?

Every car accident case is unique, and numerous factors may be considered. To understand the possible damages that might be awarded to you, contact an experienced car accident attorney who can review the specifics of your case and help you understand what’s possible. These are just a few of the factors that might play a role in the amount awarded.

• The extent of the injuries and/or property damage
• Future impact of the injuries (lost work, etc.)
• Long-term physical and emotional effects

These will need evidence to back them up. That can come in many forms.

• Medical bills
• Vehicle repair or replacement costs
• Doctor or therapist reports and records
• Expert testimony
• Witness testimony (for example, family or friends who can testify about how the victim has changed physically or emotionally after the accident)

What Is Alabama’s Comparative Negligence Law?

In many accidents, more than one driver has some fault. For example, one driver may have run a red light and hit another driver who was speeding. Both broke the law, so both have some liability for the accident. There are three types of laws that address these cases, and each state in the U.S. uses one of them.

• Pure comparative negligence. This law says that even if the victim is found to be 99% at fault for the accident, they can still receive 1% of any damages awarded to them.
• Modified comparative negligence. This law says that if the victim is about half responsible (the exact percentage is either 50% or 51%, depending on the state), they can’t receive damages. If they’re less than half responsible, they can collect damages awarded to them minus the percentage of liability.
• Contributory negligence. This law says that if the victim is even 1% at fault for the accident, they’re ineligible to receive damages.

Unfortunately, Alabama is one of only four states and the District of Columbia that uses contributory negligence. This makes a car accident claim especially complicated with high stakes for the victim.

What Happens if the Victim Dies in a Car Accident in Alabama?

When someone dies in a car accident caused by someone (or something, such as a defective part in a vehicle), that’s known as wrongful death. In a wrongful death case, the victim obviously can’t file for damages on their own behalf. Instead, the victim’s personal representative can file a wrongful death claim. A personal representative is the executor of the victim’s estate. They’re the only legally viable person in Alabama to file this claim.

The representative can file on behalf of the surviving spouse and children, if any. If there is a spouse but no children, the spouse receives all the wrongful death funds. If there are children but no surviving spouse, the children receive it all and share it among them if there is more than one. If there is both a spouse and children, the spouse receives $50,000 off the top, half of the r

If there are no surviving spouses or children, the victim’s parents are next in line, followed by their siblings.

What Should I Do if I Was Injured in a Car Accident?

Call the Bence Law Firm at 334-539-5000 to talk to an attorney for free. We understand how traumatic it can be to be injured in a car accident. We also understand how complex personal injury law is in Alabama. Our team of experienced, knowledgeable car accident attorneys can review your case and its evidence to help determine what the right approach may be to achieve the best possible outcomes.

Something you should not do: Have any communication with the other driver involved, their insurance representative, or their attorney. Alabama’s contributory negligence laws mean that they’ll be motivated to try to get some of the fault for the accident assigned to you so they don’t have to pay out. If that doesn’t work, they may try to get you to agree to a far lower settlement amount than you might otherwise receive. Don’t respond to any communications; forward them to your attorney.

The post What Compensation Can You Seek After a Car Accident? appeared first on Bence Law Firm.

A severe injury in an Alabama traffic crash can abruptly and unexpectedly change your life, and not in a good way. If you are injured by a negligent driver in or near Phenix City, you must be advised by a Phenix City traffic accident lawyer, and you must contact that lawyer promptly.

Alabama is an “at fault” state for traffic accidents, so the driver who is responsible for a traffic accident is also accountable for the costs. The central legal issue in a personal injury case arising from a traffic collision is determining which motorist was at fault and has liability.

Under Alabama law, the injured victim of a negligent driver is entitled to compensation for medical bills, lost wages, and other crash-related damages, but a victim’s compensation doesn’t simply appear in the victim’s mailbox or bank account.

What Steps Will an Injured Victim of Negligence Need to Take?

Instead, the victim (called the “plaintiff” in a personal injury case) and his or her attorney must prove that the motorist accused of being at fault – the “defendant” – was driving negligently and should be assigned liability for the accident.

A plaintiff and his or her Phenix City car accident attorney must also prove the defendant’s negligence was the direct cause of the accident and injuries. It’s hard, for example, to prove an accident caused a back injury if you have an old back injury or a history of back trouble.

Lastly, with the assistance of your Phenix City traffic accident lawyer, you must offer evidence of the extent of your injury, and you must provide documentation of your medical costs, lost wages and projected future lost earnings, and all additional accident-related losses and damages.

What Should You Do Immediately After a Traffic Accident?

To succeed with a personal injury claim, you’ll need evidence in support of that claim. A lawyer can help you – later – but when an accident happens, you must remember to take these steps to put yourself in the best position to prevail with an injury claim:

1. Summon medical and police assistance at once, and ask the police how to acquire a copy of their accident report. That report may or may not help you, but any hint that the defendant was driving recklessly or negligently helps confirm your injury claim.
2. Take plenty of photos. Photographs can be persuasive evidence in personal injury cases. Photograph the damage to the vehicles, the license plates, your visible injuries, and the general accident scene. If you’re injured, ask someone to take the photographs for you.
3. Speak to any eyewitnesses and try to get their names, phone numbers, street addresses, email addresses, their employers’ names – any contact information that can help you and your lawyer reach an eyewitness about offering testimony or making a statement.

If you’re not taken to a hospital or treated at the accident scene, obtain a medical examination at once, and within 24 hours if possible. That examination protects you if you’ve sustained a latent injury, and it establishes the medical documentation you’ll need to file a personal injury claim.

How Do Personal Injury Lawyers Help Injured Victims of Negligence?

Your Phenix City car accident attorney will conduct a comprehensive investigation of the accident, and if necessary, your attorney will seek assistance from medical authorities, accident reconstruction specialists, insurance professionals, and other experts.

Every facet and detail of a traffic collision will be scrutinized to determine which motorist has liability. Your personal injury lawyer will then develop a legal strategy to obtain the maximum possible amount of compensation from that motorist’s auto insurance provider.

In some accidents, neither motorist is at fault. For example, millions of vehicles are recalled each year for defective parts, so if a defective vehicle or part was the real cause of an accident, your lawyer may recommend filing a product liability claim against the vehicle or part manufacturer.

What Else Should Drivers in Alabama Know?

The law in this state makes some presumptions that Alabama motorists should know and understand. Rear-end crashes, for instance, are usually considered the fault of the rear vehicle driver – even if the vehicle in front was stopped improperly or illegally.

Alabama law presumes that every driver must be able to brake safely – in almost all driving situations – and that drivers who don’t stop safely are probably negligent.

Similarly, a driver turning left is almost always presumed liable for a crash with a driver who was moving straight through an intersection. Unless the driver moving through the intersection was violating a traffic law, the driver who was making the turn is usually presumed to be at fault.

How Soon Do You Have to Take Legal Action? And What Will Justice Cost?

In most cases and with very few exceptions, the deadline for taking legal action with a personal injury claim in Alabama is two years from the date you were injured, but you must not wait two years to consult an accident attorney.

Your lawyer should see the evidence while it’s fresh (and before it’s lost or altered), and your lawyer should speak with the witnesses before their memories fade. You should contact an accident attorney at once after you’ve been seen by a doctor and treated for your injury.

If you’re injured, your first consultation with an Alabama personal injury attorney is offered with no obligation or cost. If you proceed with legal action, you’ll owe your personal injury attorney nothing upfront and nothing until your attorney recovers your compensation.

Take Your Personal Injury Case to the Bence Law Firm

With sixteen years of legal experience, Alabama personal injury lawyer David Bence has recovered more than $50 million for the injured victims of negligence in this state. Attorney David Bence knows how to resolve the most complicated and difficult personal injury claims.

He will make your case a priority. If you’ve been injured by a negligent driver in or near Phenix City, or if you’re injured this way in the future, find out more about your rights – or start the personal injury process at once – and call the Bence Law Firm immediately at 334-539-5000.

The post How Can You Prove Fault in a Motor Vehicle Accident? appeared first on Bence Law Firm.

Have you been in a car crash? You may be entitled to financial compensation. Learn how to maximize your financial recovery today. As a car accident victim, you may be entitled to financial compensation for your injuries, medical bills, pain and suffering, and other losses related to the auto accident. In order to pursue justice and financial recovery, it is strongly recommended that you work with an experienced personal injury lawyer in your area. Our law firm has extensive experience representing clients in various personal injury cases, including motor vehicle crashes. To learn more about our legal services and how we may assist you during this difficult scenario, please get in touch with our law office to schedule your free initial consultation today.

What Types of Financial Compensation Can You Recover in a Car Accident Case?

After a car accident, you may file a claim with the at-fault parties insurance company in pursuit of financial compensation for your injuries and other losses. If successful, you will be awarded economic and non-economic damages for your pain, vehicle repairs, medical expenses, and more.

Economic damages may include:

·         Lost wages and lost income earning capacity

·         Past medical bills and future medical expenses

·         Physical therapy and rehabilitation expenses

·         Property damage and motor vehicle repairs or replacements

·         Transportation costs

·         And more

Non-economic damages may include the following:

·         Emotional distress and mental anguish

·         Loss of quality of life

·         Lost companionship or consortium

·         Physical pain and suffering

·         Post-traumatic stress disorder

·         Wrongful death

How to Maximize Your Car Accident Settlement?

It may seem unfair, but not all car accident victims receive the same amount of financial compensation that others might. Insurance companies will do everything they can to limit how much they must pay for a car accident claim, including trying to shift the blame onto you. In order to combat this, there are several steps that motorists can take after an auto accident to help maximize the potential compensation for their personal injury claim.

Get Immediate Medical Attention

As soon as you are able following the car crash, it is important that you seek professional medical treatment from doctors and nurses. Not only can medical attention help save your life or reduce the severity of your injuries, but it can also help bolster your personal injury claim. This is important regardless of whether you believe your injuries to be serious in nature. Failure to seek medical care after a car collision could result in your personal injury claims being dismissed or devalued. Your personal injury lawyers will be able to use your medical records as valuable evidence in the pursuit of maximum compensation for your case.

Obtain Contact Information from the Other Motorists and Witnesses

At the scene of the accident, attempt to obtain contact information and insurance provider information from the other motorists. This will be valuable information for when you seek financial recovery from the insurance company. Additionally, seek out any potential eyewitnesses to the motor vehicle crash in order to obtain their testimonies. Eyewitness testimonies can be valuable evidence for your personal injury attorneys when they file your lawsuit.

Document Evidence of the Collision

It may be difficult to remember all the steps you should take at the accident scene, but it is important that you attempt to record valuable evidence to support your claim while that evidence still exists. This includes getting photographs and videos of your injuries, the state of the vehicles, debris left on the road, and more.

Never Admit Fault or Diminish Your Injuries

While you should remain polite, do not go so far as to admit fault or diminish the severity of your injuries. Anything you say after the accident could be used to diminish the value of your personal injury claim. Be polite to the other driver, but never say sorry or try to brush off the seriousness of your injuries.

Record What Happened in the Auto Accident and Document Your Losses

As soon as you can, document exactly what you remember about how the car crash transpired. This may include your speed, attention to the road, awareness of the other driver, and more. In the future, keeping a personal injury journal may be useful for documenting the severity of your injuries and your recovery. Additionally, keep an accurate accounting of all of your financial losses. All of this will be valuable evidence for your car accident lawyer when it comes time to file a claim.

Hire an Experienced Car Accident Lawyer

If you have not done so already, now is the time to schedule a consultation with our law firm. Our legal team has extensive experience representing clients and personal injury matters, including the complexities of car accident cases. It is highly recommended that you hire legal help, especially when seeking the maximum settlement for your injuries.

Get Estimates on the Costs of Motor Vehicle Repairs or Replacements

Before making your demands to the insurance company and the at-fault driver, accurately calculate the cost of vehicle and property damage repairs. We recommend getting estimates from a couple of different repair places to get an idea of how much your vehicle repairs or replacement may cost.

Don’t Accept the Initial Settlement Offer from the Insurance Company

When insurance companies receive your car accident claim, they will do everything they can to limit how much they need to pay for your expenses and demands. In many cases, this may involve offering a lowball settlement offer in an attempt to make the case go away. You do not need to accept the first offer. You do not even need to accept the second offer. You are allowed to negotiate for better terms. Our law firm can lend valuable legal assistance during these negotiations.

Don’t Wait Too Long Before Filing Your Car Accident Lawsuit

There is a strict statute of limitations for filing car accident claims against the at-fault drivers in Alabama. You must file your personal injury lawsuit within two years of the date of the accident if you hope to recover compensation. Failure to file your personal injury claim within that time window could result in your claim being dismissed entirely.

What is Contributory Negligence?

Alabama is one of a handful of states that operates by a contributory negligence understanding of personal injury law. Under contributory negligence laws, any party that is deemed even the slightest bit responsible for causing an accident will be barred from recovering compensation. 

Schedule a Free Consultation with an Experienced Car Accident Attorney Today

Perhaps the greatest mistake that people make when pursuing financial recovery following a car accident is attempting to do it all themselves. If you want to get the maximum compensation for your personal injury case, we strongly recommend retaining professional legal representation.

To learn more about our legal services and how we may assist you during this difficult time, please schedule your free case evaluation today. You can reach us at 334-539-5000.

The post How to Maximize Compensation in Car Accident Settlements appeared first on Bence Law Firm.

The ongoing COVID-19 pandemic has kept many people at home and out of their cars. But despite the shift to remote work for many Americans, motor vehicle deaths skyrocketed. Researchers recently reported that traffic fatalities are at their highest level in 15 years, even as the number of miles driven has fallen across the country.

Sharp Increase in Traffic Fatalities During Pandemic

According to the Los Angeles Times news reports, 38,680 people died in car accidents across the United States in 2020, a surge in comparison to years prior. This is the highest number of traffic deaths recorded nationwide since 2007, according to the National Highway Traffic Safety Administration (NHTSA). The 2020 figures represented a seven-percent increase in fatalities compared to the previous year, according to NHTSA.

What’s especially alarming about the rising number of car crash deaths is that they were recorded despite a sharp drop in the number of miles driven. Early data from the Federal Highway Administration show that Americans drove 430.2 billion miles in 2020, a 13.2 percent decrease from 2019 levels. However, the massive increase in traffic deaths means the overall fatality rate jumped from 1.11 deaths per 100 million vehicle miles traveled (VMT) in 2019 to 1.37 deaths per 100 million VMT in 2020. “This was completely unprecedented,” Ken Kolosh, a researcher at the National Safety Council, told the Los Angeles Times. “We didn’t know what was happening.”

Why Have Car Crash Deaths Increased?

Researchers noticed an increase in several risky driving behaviors that could be behind the surge in traffic deaths. These behaviors include:

• Impaired driving: One survey of driver behavior during the pandemic found that drivers were seven percent more likely to drink and drive than they were before the pandemic. Drivers who are impaired are at a much higher risk of hurting themselves or others in an accident.
• Not wearing seat belts: Researchers also noticed an increase in the number of drivers who failed to wear their seat belts during the pandemic. Unrestrained motorists are much more likely to be ejected in an accident and die from their injuries.
• Speeding and aggressive driving: Speed-related accidents also increased during the pandemic. Researchers found that drivers are acting more aggressively and are more likely to tailgate, cut other drivers off, or fail to yield.

While researchers have not fully identified why car crash deaths have increased so dramatically across the country, some suggest that it is due to riskier driving behavior. “I fear we’ve adopted some really unsafe driving habits, and they’re going to persist,” Kolosh said. “Our roads are less safe than they were pre-pandemic.”

Talk to a Car Accident Lawyer If Post-Pandemic Driving Behaviors Have Led to the Death of Your Loved One

Researchers have noted that car crash deaths surged during and after the pandemic. If you’ve been injured in a car accident in Georgia or a loved one has died due to someone else’s negligence, a personal injury lawyer from Bence Law Firm, LLC can review your case and determine your rights to compensation. Call or contact us today for a free consultation with a car accident lawyer.

The post Car Crash Deaths Surged During Pandemic appeared first on Bence Law Firm.

Anyone stopped by the police is protected by certain constitutional rights and can invoke them at any time. Unfortunately, citizens who don’t know their rights or are intimidated by officers may comply with everything they’re told to do. It’s critical to remember these three constitutional rights if you are pulled over and to know what you can do to prevent an unfavorable or harmful outcome from the encounter.

Your Rights Against Self-incrimination

A law enforcement official is not allowed to pull you over without reason. They can’t stop you and hope to find something wrong, such as an expired registration or a warrant for your arrest. But that doesn’t mean some won’t try.

After being pulled over by the police, they might ask you questions. You don’t have to answer. During the traffic stop, you have the right to remain silent under the Fifth Amendment of the Constitution, and you should let them know that you’re exercising that right. Even if you believe you could mitigate the situation by explaining what you’re doing and where you’re going, what you say will likely get entered into a police report. If you’re arrested after answering their questions, the prosecutor could use anything you said against you in court.

Your Right to Refuse a Search

The Fourth Amendment of the Constitution gives you the right to deny a request to search you or your vehicle after being stopped by the police. You must refuse verbally, not by just shaking your head. Tell them that you don’t consent to a search even if they don’t ask directly.

Law enforcement sometimes uses casual terms to confuse people. They might tell you to pop your trunk or ask to look through your purse or backpack. Those are similar questions to asking you for consent to a search, and you have a constitutional right to deny their request.

Do You Have the Right to Refuse a Field Sobriety Test?

Driving under the influence of alcohol with a blood alcohol concentration (BAC) of 0.08 or higher is illegal in Alabama. If law enforcement tells you to step out of your vehicle to take a field sobriety test, you can politely say no under Constitutional law.

Most people don’t realize that it’s voluntary to consent to this type of testing, which is notoriously unreliable. Officers may act like you don’t have a choice in the matter, hoping they can obtain incriminating evidence against you. But there is no state law requiring you to submit to a field sobriety test.

However, it’s important to realize that under Alabama’s implied consent laws, drivers lawfully arrested for driving under the influence are required to submit to a chemical breath, urine, or blood test to determine their BAC. Refusing to take one of these requested tests will result in your license being suspended for 90 days. If you have refused one of these tests in the last five years, your license will be suspended for one year.

Contact Us If the Police Violated Your Constitutional Rights During a Traffic Stop

These three constitutional rights are important to remember if you are pulled over by the police. If you believe an officer violated any of your rights during a traffic stop, staying calm and treating an officer with respect while invoking your rights can mean the difference between driving away unharmed and ending up behind bars.

If you’re charged with a crime, arrested, booked, or interrogated, you should immediately contact an attorney. It might be possible to avoid paying a fine, going to jail, or facing criminal charges. Contact Bence Law Firm, LLC today to learn more, and we could help you get connected with a criminal defense attorney.

The post Three Constitutional Rights To Remember If You’re Pulled Over appeared first on Bence Law Firm.

ALABAMA TRUCK ACCIDENT STATISTICS

IN ONE RECENT YEAR

9,351 COMMERCIAL TRUCKS

were involved in accidents in Alabama, accounting for 3.4% of all crashes in the state

THESE COLLISIONS LED TO

101

DEATHS

2,563

INJURIES

24%

INCREASE OVER THE PAST DECADE

HOW OFTEN DO TRUCK ACCIDENTS HAPPEN IN ALABAMA?

Considering that nearly

10,000 TRUCK ACCIDENTS

occurred in Alabama in a single year, it’s safe to say that these types of crashes happen all too frequently. They also happen on all kinds of roads.

Roughly 33% of tractor-trailer accidents in Alabama occur on state or U.S. routes. Another 30% happen on interstates, with the remainder occurring on city, country, or other local roads

Roughly 33% of tractor-trailer accidents in Alabama occur on state or U.S. routes. Another 30% happen on interstates, with the remainder occurring on city, country, or other local roads

COMMON CAUSES OF ALABAMA TRUCK ACCIDENTS

Improper lane change

Failure to yield the right of way

Failure to observe vehicle or person

Tailgating/ following too closely

Misjudged stopping distance

Defective equipment or vehicle parts

Maneuvering to avoid an animal, person, or other object

Improper turning distance

Improper backing up

Crossing the median or center line

Failure to yield the right of way

Failure to heed a traffic sign or signal

Truck driver fatigue

Improper passing

Running off the road

Driving under the influence of alcohol or drugs

Speeding

Types of injuries caused by Truck accidents

Cuts and bruises

Broken bones

Back and neck injuries

Soft-tissue injuries

Misjudged stopping distance

Traumatic brain injury (TBI)

Organ damage and internal bleeding

Thermal or chemical burns

Amputation

Disfigurement

Truck accident fatalities In alabama

111 Fatal truck accident

There is an average of 111 fatal truck accidents in Alabama per year, according to recent statistics from the National Highway Traffic Safety Administration.

Truckers die in these wrecks

Around 17% of truckers die in these wrecks, with the remainder being occupants of other vehicles, bicycles, or pedestrians.

The post Truck accident statistics in Alabama appeared first on Bence Law Firm.

Do You Need Insurance Before Registering a Car in Alabama?

Yes. You must provide proof that you carry the following state-mandated minimum amounts of auto insurance before you can register a car in Alabama:

• At least $25,000 per person in bodily injury liability coverage, which pays for costs associated with other people’s injuries if you are at fault for an accident
• At least $50,000 per accident in bodily injury liability coverage
• At least $25,000 per accident in property damage liability coverage, which pays for costs associated with vehicle or property damage if you are at fault for a crash

Keep in mind that your liability insurance does not cover your losses after an accident. It only pays for injuries or damage to others resulting from accidents you caused. To ensure you are covered in any circumstance, you may want to purchase additional medical payment coverage (MedPay) or collision insurance that pays for your losses after an accident, regardless of who is at fault.

Does an Expired Registration Affect My Insurance Coverage?

No. An expired registration will have no direct impact on your car insurance coverage. If you continue to pay your monthly premiums on time, your car insurance will remain valid regardless of your registration status.

Similarly, your expired registration should not affect your ability to claim compensation from another driver’s liability auto insurance provider. This is because the entities that insure and register vehicles are entirely separate. The Alabama Department of Motor Vehicles (DMV) manages vehicle registrations in the state, while private insurance companies are responsible for insuring registered vehicles.

While you must show proof of insurance to register your vehicle in the first place, your insurance coverage will not be affected if your registration expires. However, if you are pulled over with an expired registration, you may receive a citation and fine for a non-moving traffic violation.

The post Will Liability Insurance Cover My Car If It Has An Expired Registration? appeared first on Bence Law Firm.

The idea of filing a legal claim after a family member’s death in a car accident can feel overwhelming. A compassionate wrongful death attorney at Bence Law Firm, LLC can take the burden off your shoulders. We’ll give you time to grieve by handling all the legal legwork of the case for you. You can rely on us to fight aggressively for justice on your loved one’s behalf. Call or contact us today for a free consultation

Top Causes Of Fatal Crashes In Alabama

Sadly, most fatal crashes in Alabama are entirely preventable. Some of the most common causes of deadly car accidents in the state include:

• Distracted driving
• Driving while intoxicated
• Driver fatigue
• Speeding
• Aggressive driving
• Failure to yield
• Disregarding traffic signs and signals

wrongful Death Lawsuits In Alabama

Alabama defines wrongful death as a fatality that occurs as a result of a “wrongful act, omission, or negligence” on the part of someone other than the decedent. To successfully bring a wrongful death lawsuit, you will need to demonstrate the defendant’s liability—that is, their legal responsibility—for the accident that resulted in your loved one’s death.

In Alabama, the only person who can file a wrongful death lawsuit is the estate’s representative, or the executor. There is a two-year statute of limitations on wrongful death claims. Fail to file before the time limit expires, and you could lose your right to compensation forever.

What Are My Rights After A Fatal Car Accident?

After losing a family member in a fatal car accident, you could be entitled to compensation. If you are the estate’s executor, you (or your wrongful death attorney) can file the claim yourself. Otherwise, whoever is named as the executor must file suit.

In most states, plaintiffs in wrongful death cases can seek damages for financial and non-financial losses resulting from an accident. These losses could include medical bills, funeral expenses, pain and suffering, and loss of consortium. But not so in Alabama.

In Alabama, a wrongful death lawsuit can only seek punitive damages, which serve to punish the responsible party for their wrongdoing rather than compensate the surviving relatives for the specific losses they suffered. Alabama also places no cap on the compensation you could seek through the lawsuit. The focus is more on punishing the negligent party for their actions rather than reimbursing family members for their accident-related losses.

Contributory Negligence To Negligent Homicide

To prevail in a wrongful death case in Alabama, claimants must prove that the deceased did not contribute to the accident in any way. The state’s harsh contributory negligence law says that if an individual was even one percent at fault for the accident that led to their death, their claim could be thrown out entirely. This is one of the most important reasons to hire an experienced wrongful death lawyer. A fatal car accident lawyer knows what evidence is necessary to prove the other party’s fault, which can prevent deserving family members collect the money they deserve.

A motorist who causes the death of another person through carelessness or recklessness could also be charged with negligent homicide. To secure a conviction, a prosecutor must show that the defendant engaged in dangerous behavior that any reasonable person would have recognized as a gross deviation from their ordinary duty of care. However, criminal charges are not required in order to file a wrongful death claim.

The post What Happens If My Family Member Was Killed In A Car Accident In Alabama? appeared first on Bence Law Firm.