You generally have two years from the date of the injury to file a lawsuit under Alabama Code Section 6-2-38. If you miss this deadline, you will likely lose your right to seek compensation. However, there are some exceptions, which is why consulting an attorney early is critical.
Because of Alabama’s strict contributory negligence law, if you are found to be even 1% at fault, you cannot recover any money. This makes it absolutely vital to have an attorney who can effectively argue that the other party was 100% responsible and protect you from allegations of shared fault.
The value of a case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, and the impact the injury has had on your life. We can give you a better idea of your case’s potential value after a thorough review of the facts.
The timeline varies greatly. A straightforward case might settle in a few months, while a complex case that goes to trial could take a year or more. We strive to resolve cases efficiently, but we will never rush a settlement if it means accepting less than you deserve.
Probably not. The vast majority of personal injury cases are settled out of court through negotiations with the insurance company. However, if a fair agreement cannot be reached, we are fully prepared to represent you at trial.
We handle all personal injury cases on a contingency fee basis. This means you pay absolutely no attorney fees unless and until we win your case and recover money for you. Our fee is a percentage of the total recovery, so there is no financial risk to you.
You may still be able to recover compensation through your own insurance policy if you have Uninsured/Underinsured Motorist (UIM) coverage. We can help you navigate this process and uncover all available sources of compensation.
We are not afraid to take on even the most complex cases. We thrive on the challenge of fighting for our clients’ rights against powerful opposition. We have a history of securing favorable outcomes for our clients, and we will fight tirelessly to ensure you are made whole again.
Alabama has some of the most challenging laws in the country for accident victims. Understanding these rules is essential to protecting your right to compensation after a crash.
Alabama's Contributory Negligence Rule
Alabama follows the doctrine of pure contributory negligence—one of the harshest liability rules in the nation. Under this rule, if you are found even 1% at fault for the accident that injured you, you are completely barred from recovering any compensation. It does not matter if the other driver was drunk, speeding, or texting. If the insurance company can pin any portion of blame on you, they will use it to deny your entire claim.
This rule makes having an experienced car crash attorney absolutely essential in Alabama. Insurance adjusters are trained to ask questions designed to get you to admit some level of fault. They may claim you were following too closely, that you could have avoided the collision, or that you were somehow distracted. We know how to counter these tactics, protect your rights from the very beginning, and build a case that establishes the other driver's full responsibility for your injuries.
The Statute of Limitations
Under Alabama Code Section 6-2-38, you generally have two years from the date of your car accident to file a personal injury lawsuit. If you miss this deadline, you lose your right to seek compensation through the courts forever. While two years may seem like plenty of time, building a strong case requires gathering evidence, obtaining medical records, consulting with professionals, and negotiating with insurance companies. The sooner you contact an attorney, the better your chances of a successful outcome.
Baldwin County's unique mix of local traffic, seasonal tourists, and commercial vehicles creates conditions where accidents happen frequently. We handle cases arising from all types of driver negligence, including:
Distracted Driving
Texting, phone calls, GPS navigation, and other distractions cause thousands of accidents every year in Alabama. A driver looking at their phone for just five seconds at highway speed travels the length of a football field essentially blindfolded. Distracted driving accidents often result in severe injuries because the at-fault driver fails to brake or take evasive action before impact.
Drunk and Impaired Driving
Despite strict DUI laws, impaired driving remains a serious problem in Baldwin County. The beach communities of Gulf Shores and Orange Beach see increased alcohol-related accidents during tourist season. Drunk drivers have impaired judgment, slower reaction times, and reduced coordination—a deadly combination on the road. When a drunk driver causes your injuries, you may be entitled to punitive damages in addition to compensation for your losses.
Speeding and Reckless Driving
Excessive speed reduces a driver's ability to steer safely around curves, extends stopping distance, and increases the severity of crashes. Highway 59, the Foley Beach Express, and Interstate 10 all see high-speed collisions that cause catastrophic injuries. Reckless behaviors like aggressive tailgating, weaving through traffic, and running red lights put everyone on the road at risk.
Failure to Yield and Intersection Accidents
Many serious accidents occur at intersections when drivers fail to yield the right of way, run stop signs, or misjudge the timing of traffic signals. The busy intersections along Highway 59 in Foley, particularly near the Tanger Outlets and OWA entertainment district, see significant collision rates due to heavy tourist traffic and unfamiliar drivers.
Weather-Related Accidents
Coastal Alabama's frequent rain, occasional fog, and summer storms create hazardous driving conditions. When drivers fail to reduce speed or increase following distance for weather conditions, they can be held liable for resulting accidents. Hydroplaning on wet roads is a common cause of single and multi-vehicle crashes throughout Baldwin County.
We represent victims of all types of motor vehicle collisions throughout Baldwin County:
The force of a vehicle collision can cause devastating injuries that affect every aspect of your life. We have helped clients recover compensation for all types of accident injuries. Some of the most common include:
If another driver's negligence caused your crash, Alabama law entitles you to compensation for all your losses. We fight to recover the full value of your claim, not the lowball settlement the insurance company initially offers.
Economic Damages
These are the quantifiable financial losses resulting from your accident:
Non-Economic Damages
These compensate for losses that do not have a specific dollar amount but significantly impact your quality of life:
Navigating an injury claim after an auto accident involves multiple steps. We guide our clients through each stage while handling the heavy lifting so you can concentrate on recovery.
An auto crash can devastate your finances, your health, and your family's future. You should not have to bear that burden when someone else caused your crash. The insurance company has lawyers protecting their interests; you deserve someone fighting just as hard for yours.
Contact the Law Office of Lindsay Demers today at 251-308-4200 for a free consultation about your car accident case. We serve clients throughout Baldwin County, including Foley, Gulf Shores, Orange Beach, Daphne, Fairhope, Spanish Fort, and Bay Minette. Let us handle the legal fight while you focus on your recovery.
What should I do immediately after an Alabama car crash?
First, seek medical attention for any injuries. Call 911 to report the accident and request police documentation. If you are able, photograph the scene, vehicle damage, and any visible injuries. Exchange information with the other driver, but avoid discussing fault or apologizing. Do not give recorded statements to any insurance company before speaking with an attorney.
How long do I have to file a car accident lawsuit in Alabama?
Alabama's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline means losing your right to compensation through the courts. Contact an attorney as soon as possible to protect your rights.
What if the other driver does not have insurance?
You may still have options. If you carry uninsured motorist coverage on your own policy, you can file a claim with your own insurance company. We can help you understand your coverage and pursue all available sources of compensation.
How much is my car accident case worth?
The value depends on many factors, including the severity of your injuries, your medical expenses, lost income, the impact on your daily life, and the strength of the evidence establishing the other driver's fault. We can provide a better assessment after reviewing the specific facts of your case.
Will my case go to trial?
Most car accident cases settle through negotiation without going to trial. However, if the insurance company refuses to offer fair compensation, we are fully prepared to take your case before a jury. Our willingness to go to trial often motivates insurance companies to make reasonable settlement offers.
How much does a car accident attorney cost?
We handle auto accident cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Our fee is a percentage of the amount we recover on your behalf. There is no upfront cost and no financial risk to you.
