In many car accident cases, there are complicating factors that make it difficult to determine who was at fault. There are other cases, however, when the facts are pretty straightforward, and it seems clear that one of the drivers is at fault. Sometimes referred to as “no doubt liability” cases, these are cases in which accident victims often wonder if they need an attorney to help them with their claim.
The short answer to this question is “maybe”, but it is in your best interests to find out for sure. Each case involves unique circumstances, and there are times when even what appears to be a no doubt liability case turns out to be more complicated than it originally seems. And even when there is no question over fault, the insurance company might still try to minimize the extent of your injuries so they can give you a lower settlement amount than you deserve.
No matter what the circumstances of your auto accident, it is always a good idea to at least speak with an attorney to have your case assessed and be informed of your legal rights and options. Most personal injury lawyers provide free consultations, and all it costs you is a little bit of your time to find out where you stand.
No Doubt Liability Cases
Here are some examples of cases in which the term “no doubt liability” may apply:
- Rear-End Collisions: When there is a rear-end accident, it is often assumed that the trailing driver is the one at fault because they are in a much better position to avoid the collision. However, there are possible exceptions to this rule, such as if the lead vehicle did not have functional brake or taillights, or if the lead driver was texting on his/her phone at the time of the crash.
- Left-Turn Accidents: A left turn crash, which is most often a “T-bone” collision, is usually the fault of the driver who is making the left-hand turn because they did not wait for traffic to clear out. But there are exceptions to this rule as well. For example, if the left turn driver has a green arrow and the oncoming driver runs a red light, then the oncoming driver is clearly the one at fault.
- DUI Accidents: If a driver who is legally intoxicated is involved in an accident, then they will most likely be considered the responsible party because they were committing a criminal act (driving while intoxicated) at the time of the crash. Liability may not be as clear, however, if the driver had alcohol in their system but they were not over the legal limit. In a case like this, other factors would need to be looked at to determine who was to blame.
How an Attorney Can Help with a No Doubt Liability Claim
As you can see from the examples listed, a case where you believe there is clear liability may not be as simple and straightforward as you originally thought. This is where having strong legal representation is crucial. By getting an attorney involved early on, you can ensure that you do not make any missteps during the claims process that might undermine your case.
As we talked about earlier, insurance companies will do whatever they can to mitigate their losses by paying you as little as possible for your injuries. So, even if there is no doubt about who is liable, they might make other claims, such as that your injuries are not as severe as you say they are and/or that they are the result of a pre-existing condition. With an experienced attorney by your side, an insurer will not be able to get away with trying to take advantage of your lack of familiarity with the claims process.
Alabama No Doubt Liability Cases
Are you absolutely certain that this is a no doubt liability case? Because if you are wrong, you could lose out completely on your right to compensation. In Alabama, if you are found to have “contributed” in any way to the accident you were involved in (even 1%), you can be barred from recovering damages.
You can be sure that the insurance company will look for any way they can to pin at least some of the blame for the accident on you. And this is another reason why you should strongly consider obtaining legal representation, even if you believe that this is a clear-cut case.
Injured in a Car Accident in Alabama? Contact an Experienced Accident Injury Lawyer
If you or someone close to you suffered injury in an auto accident in Alabama, M. Adam Jones and Associates is here to help. We will provide a free, no obligation consultation to go over the specifics of your case and advise you of your legal rights and options. And if we do end up representing you, you will not have to pay us any attorney fees unless we recover compensation on your behalf.