Tag Archive for: car accident

Rental Car Accident

The Legal Aspects of Car Accidents Involving Rental Vehicles

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Renting a car provides temporary transportation for road trips or when your own vehicle is unavailable. The convenience of rental cars makes them a popular option for many travelers. However, being involved in an accident while driving a rental vehicle adds layers of complexity to an already stressful situation. There are important legal implications to consider when crashes involve rented vehicles, and injured drivers need to understand these issues in order to protect their rights and obtain fair compensation.

Rental Company Insurance Coverage

A major consideration after any collision is identifying liable parties and applicable insurance coverage to pay for damages. With rental cars, insurance responsibility can get murky depending on the rental agreement terms and options purchased. Rental agencies are legally obligated to provide minimum liability insurance that covers bodily injury or property damage inflicted on others when their renters are at fault. 

Car rental companies also commonly offer additional liability insurance or collision damage waivers to renters for added daily fees. These optional plans act similarly to standard auto insurance policies, covering the renter’s personal liability for injuries caused to others or damage to the rental vehicle in an at-fault accident. Without purchasing extra coverage, renters may be wholly liable for all damages they cause in a crash. 

Establishing Fault and Documenting Damages After a Rental Car Accident

Like any accident, the first priorities after a rental car collision are assessing injuries, seeking medical attention if needed, securing the scene, and filing a police report. The police report, along with eyewitness statements, photographic evidence, video footage if available, and professional medical opinions will all help establish liability and fault. Review the rental agreement and optional insurance provisions as well – these may provide insight into fault depending on the circumstances of the crash.

Thorough investigation and documentation in the aftermath lays the groundwork for claims to recover damages down the road. Experienced attorneys have the resources and expertise to conduct comprehensive investigations. They can pinpoint the liable parties, demonstrate their legal culpability beyond doubt, and build a compelling case attributing fault.

In addition to determining fault, properly quantifying accident-related costs is essential. An attorney will identify and calculate all applicable damages, which may include:

  • Property damage – Costs to repair the rental vehicle or other property.
  • Replacement rental fees – Coverage for a rental car to use while yours is in the shop.
  • Medical expenses – Both current and estimated future costs like surgery, therapy, medication, and assistive devices.
  • Lost wages – For time missed from work recovering from crash injuries.
  • Loss of future earnings – If injuries cause permanent disability affecting career trajectory.
  • Pain and suffering – Monetary compensation for physical and emotional trauma.

Their familiarity with damage categories and accepted calculation methods allows seasoned attorneys to ensure that victims receive full and fair compensation for short and long-term accident impacts.

Injured Party Rights and Rental Agreement Stipulations

The rental contract contains important provisions drivers agree to when renting the vehicle that may influence fault and liability determinations later. Failing to adhere to certain rental terms could potentially shift some responsibility onto the renter even if the other driver was primarily at fault. For instance, permitting an unauthorized driver not named in the contract to operate the vehicle or drive the rental car out of state contrary to the agreement can complicate claims.

Practical Impacts of Rental Insurance Options

Car renters often face pressure to purchase supplemental liability coverage or collision damage waiver plans for extra daily fees when picking up their rental. These additional policies may be marketed aggressively by rental counter agents, but renters should understand what they truly cover and whether they are necessities.

Supplemental liability insurance enhances the minimum state liability limits provided automatically by the rental company. It acts much like standard auto insurance by covering your liability for damage you cause to others when at fault. This protects assets and future wages from lawsuits seeking compensation beyond minimal state-required limits after a major accident you cause.

Collision or loss damage waivers cover damage to the rental car itself in an accident where the renter bears responsibility. If you decline these waivers, you could be liable for the full value of the vehicle if it’s totaled or the costly repairs if it’s fixable. Collision damage waivers relieve renters of financial risk for harm to the rental car. Whether buying extra insurance makes sense depends on your personal auto policy and assets to protect. 

Overcoming Insurance Company Resistance

After a rental car crash, insurance companies employ various tactics to minimize payouts. For example, they may dispute fault findings, offer inadequate settlements, or deny claims outright depending on the specifics of the case. Their goal is protecting profits, not your best interests. Without legal representation, accident victims can feel powerless against big insurers aiming to lowball settlements.

Experienced attorneys can employ negotiation tactics based on precise legal code references and case precedents to overcome settlement resistance. If needed, they will take the case to court rather than accepting undervalued offers that disregard victims’ suffering. Having a skilled advocate by your side helps level the playing field and takes the stress out of dealing with insurers. 

Injured in a Rental Car Accident in Alabama? Contact M. Adam Jones & Associates for Legal Help

Being involved in a car accident can be disruptive regardless of the circumstances. However, rental vehicle wrecks add more complex legal implications such as insurance issues, fault debates, and rental contract entanglements. Understanding the key legal aspects of rental crashes helps victims prepare to pursue fair damage compensation. 

If you or a loved one suffered an injury in a rental car crash or any other type of auto accident in Alabama, M. Adam Jones & Associates is here to help. Contact us today for a free, no-obligation consultation and case assessment.

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588  

Car accidents and Children

The Psychological Impact of Car Accidents on Children

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The trauma of being in a serious car accident can leave lasting psychological wounds, especially for child passengers. Children are uniquely vulnerable to the emotional impact of crashes and other trauma. Their brains are still developing, so they process traumatic experiences much differently than adults.

While physical injuries may heal, the invisible psychological effects of a collision can linger for years if left unaddressed. Anxiety, depression, behavioral issues, and PTSD are some common consequences children face after a traumatic auto accident. Sadly, too many children suffer needlessly because negligent drivers caused wrecks that could have been prevented.

Understanding the psychological toll of car crashes on young passengers is important for parents and for securing the services kids need to cope and heal. With compassion and proper support, children can overcome accident trauma. But recovery takes time, patience, and often the assistance of mental health professionals.

Common Psychological Effects that Car Accidents Can Have on Kids

Being involved in a vehicle collision is distressing at any age, but for children, the traumatic experience can lead to significant psychological impacts that manifest in a variety of concerning ways. Some of the most common effects include:

  • Anxiety, Depression, and PTSD: It is not uncommon for children to experience heightened feelings of anxiety or develop depressive symptoms post-accident. In more severe instances, they might show signs of Post-Traumatic Stress Disorder (PTSD). This can manifest as recurring flashbacks, avoidance behaviors, or heightened reactions to seemingly unrelated triggers.
  • Sleep Issues: Traumatic events can disturb a child’s sleep pattern. They may struggle with insomnia, frequently wake up during the night, or experience nightmares related to the accident. Over time, this sleep deprivation can exacerbate other psychological issues.
  • Behavioral Changes and Acting Out: The trauma of an accident can cause significant behavioral alterations. A child might become more irritable, withdrawn, or exhibit aggressive behavior. It is essential to recognize these as potential signs of internal distress rather than mere acts of rebellion.
  • Fear of Cars, Driving, or Riding in Vehicles: A tangible outcome of the trauma can be an acute fear of anything related to the accident. Children might become extremely apprehensive about getting into cars, show resistance to driving or being driven, or express a heightened fear during car rides.
  • Difficulty Concentrating at School: The psychological aftermath of a car accident can extend to a child’s academic performance. They might find it challenging to concentrate on tasks, stay engaged in class, or complete assignments. This can be a direct result of trauma or due to associated symptoms like sleep deprivation.

Unique Vulnerability of Car Accidents on Children

Children are at increased risk for lasting emotional trauma from vehicle collisions compared to adults for several key reasons:

  • Brains Not Fully Developed to Process Trauma: A child’s brain is in a state of constant growth and development. Neural pathways and connections are still being formed, especially in areas related to emotion regulation and cognitive processing. This means that when confronted with trauma, a child’s brain might not have the full capacity to understand or process the event as an adult brain would. This can lead to heightened emotional responses and difficulties in making sense of the trauma.
  • Lack of Coping Skills of Adults: Over the years, adults accumulate various coping mechanisms, whether consciously developed or acquired through experiences. Children, on the other hand, lack this repository of coping strategies. They might not know how to self-soothe, distract themselves, or seek help when they are overwhelmed, making the aftermath of an accident even more challenging to navigate.
  • Harder Time Expressing Feelings: Children often grapple with articulating their emotions. Whether due to a limited vocabulary, fear of repercussions, or simply not understanding what they are feeling, kids can find it tough to communicate their distress. This silence can be misleading, making it seem as though they are coping well when in reality, they are internalizing their trauma.

Coping Tips for Kids after a Car Accident

Helping a child navigate the aftermath of a car accident requires a blend of empathy, patience, and proactive strategies. Here are some tips for accomplishing this:

  • Provide Reassurance About Safety – Continually reassure kids that they are safe now. Fear often lingers, so reinforce their security.
  • Encourage Expression Through Play, Art, and Writing – Give them creative outlets to express confusing feelings they can’t verbalize.
  • Practice Patience and Support – Recovery takes time. Don’t expect them to just “get over it.” Offer comfort consistently.
  • Consider Counseling – Therapy from professionals trained in child trauma can help kids process experiences in a healthy way.
  • Maintain Routines – Sticking to regular schedules provides a sense of normalcy that’s comforting.
  • Be Understanding – Nightmares, bed-wetting, separation anxiety, or acting out are common. Respond calmly without judgment.
  • Limit Media Exposure – Graphic images or stories related to crashes can trigger fears. Avoid overexposure.
  • Communicate Openly – Have ongoing conversations to understand their feelings and concerns.
  • Don’t Force Them – It is normal for kids not to want to ride in cars or talk about the accident at first. Forcing activities could re-traumatize them.

Incorporating these coping tips can make a significant difference in a child’s post-accident experience. Remember, every child is unique, and their path to healing might differ from others who have gone through this type of trauma.

Legal Considerations After an Auto Accident Involving Children

Beyond medical care, securing justice through a legal claim should be a priority for children injured in preventable auto accidents.

  • Seek Legal Counsel – Consulting a personal injury attorney soon after the accident is important to understand your options and protect your child’s rights. An attorney experienced with auto accident claims can skillfully navigate the legal system.
  • Consider Psychological Impacts – Car crashes can cause lasting psychological damage to kids. Accounting for these hidden harms when pursuing legal compensation is critical, as they can significantly impact their quality of life. Counselors and psychologists can help assess emotional damages.
  • Focus on Your Child – An attorney should help you prioritize your child’s needs during the legal process. Managing legal, insurance, and paperwork burdens allows you to focus on your child’s healing.
  • Seek Accountability – Filing a claim sends a message that drivers must be more careful to protect child passengers. Securing compensation can pay for therapy and help your child recover.
  • Establish Future Costs – Emotional trauma may necessitate years of therapy and treatment. Experienced lawyers will quantify future costs, so your child is compensated for long-term needs.

Though no legal remedy can undo a traumatic accident, securing your child’s financial future and holding negligent parties accountable is important. If you or others close to you (such as your children) have suffered physical and/or psychological injuries in a car accident in Alabama, M. Adam Jones and Associates is here to help! 

We have extensive experience with these types of cases and a successful track record of recovering maximum compensation on behalf of our clients. Contact us today to set up a free consultation and case assessment.

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588 

distracted driving in Alabama

How Music and Audio Distractions Can Increase the Risk of Car Accidents in Alabama

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Driving requires complete focus and attention to what is happening on the road in order to ensure the safety of everyone. However, many drivers listen to music or podcasts or deal with other audio distractions while driving, which can lead to serious accidents. These types of distractions are not thought about as much as texting and other forms of visual distractions, but they can still result in deadly consequences.

Types of Audio Distractions

There are various forms of audio distractions that can impair a driver’s ability to concentrate and make quick decisions while driving. Some common audio distractions include:

  • Music: Listening to music while driving is a popular activity, but it can divert a driver’s attention from the road, especially if the music is too loud or the driver is constantly changing songs. The driver might become too absorbed in the music and fail to notice essential road signs or upcoming hazards, for example.
  • Podcasts and Audiobooks: Engaging stories or discussions can be very absorbing, causing drivers to lose focus on their driving. As drivers get immersed in the content, they might miss important visual cues or fail to react to sudden changes in traffic conditions.
  • Phone Conversations: Although hands-free devices are safer than a driver holding a phone, they can still become a significant distraction when drivers may become immersed in their conversations. This can result in slower reaction times and reduced attention to the road, increasing the risk of accidents.
  • Voice-Activated Infotainment Systems: Using voice commands to control music, navigation, or other features can also distract drivers, as they must shift their focus from the road to interact with the system. This distraction can be particularly dangerous when navigating complex traffic situations or during adverse weather conditions.
  • Passengers: Engaging in conversations with passengers can also be a form of audio distraction. The driver might become too involved in the conversation, which can lead to a decrease in their overall attention to the road.

How Audio Distractions Can Lead to Car Accidents

Audio distractions can impair a driver’s ability to concentrate on the road and react to potential hazards. Some ways that audio distractions can contribute to car accidents include:

  • Reduced Situational Awareness: Loud music or engaging audio content can make it difficult for drivers to hear critical sounds like sirens, horns, or screeching tires, which can prevent them from reacting appropriately to emergency situations. This reduced awareness can result in collisions with emergency vehicles or the failure to react to sudden braking by other drivers.
  • Slower Reaction Times: When drivers are absorbed in audio distractions, they may not notice traffic signals, pedestrians, or other vehicles in time to avoid a collision. These distractions can lead to drivers running red lights, failing to yield at intersections, or not stopping for pedestrians in crosswalks.
  • Cognitive Overload: Multitasking while driving, such as listening to an audiobook while navigating through traffic, can overload a driver’s cognitive abilities, leading to poor decision-making and increased risk of accidents.
  • Drowsiness: Listening to soothing music or calming audio content can contribute to drowsiness, which impairs a driver’s ability to stay alert and focused on the road. Drowsy driving can lead to drifting out of the lane, sudden braking, or falling asleep at the wheel, causing serious accidents. This issue is especially common when motorists drive during the evening and overnight hours.

How to Avoid Audio Distractions While Driving in Alabama

Here are some ways that drivers can minimize the risk of car accidents caused by audio distractions:

  • Set Audio Preferences Before Driving: Choose your music, podcast, or audiobook selections before starting your journey to minimize interaction with your infotainment system while on the road. This can help reduce the temptation to constantly change the audio source while driving.
  • Keep the Volume at a Reasonable Level: Listening to audio content at a moderate volume allows you to stay aware of important sounds from the surrounding environment, such as sirens, horns, or other vehicles.
  • Limit Phone Conversations: As much as possible, avoid making or receiving phone calls, even using hands-free devices, while driving. If you must take a call, consider pulling over to a safe location to conduct the conversation. This will allow you to maintain full focus on the road and traffic conditions.
  • Use Voice-Activated Systems Sparingly: While voice-activated infotainment systems can be convenient, they can also be a source of distraction. Limit your use of these systems while driving and only interact with them when necessary and safe to do so.
  • Plan Breaks During Long Drives: If you are on a long drive and need to catch up on phone calls or texts and other electronic messages, schedule breaks to do so. Pulling over at rest areas or parking lots allows you to keep up with your business without compromising your driving safety.
  • Educate Passengers: Inform your passengers about the importance of minimizing audio distractions while driving. Encourage them to keep conversations at a reasonable volume and to avoid discussing emotionally charged issues as much as possible.

Injured in a Car Accident in Alabama? Contact a Reputable Personal Injury Firm

If you or a loved one has been involved in a car accident caused by audio distractions or other negligent or reckless acts, it is crucial to seek strong legal guidance. The attorneys at M. Adam Jones and Associates have the in-depth experience and knowledge necessary to help you navigate the complex process of filing a claim and fighting for the compensation you deserve. Contact us today for a free consultation and start the path toward justice and recovery.

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

 

apps for accidents

Apps You Should Have on Your Phone in Case of an Accident

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Although no one ever expects to be involved in a car accident, this fate happens to thousands of individuals in Alabama each year. Most often, auto accidents are caused by some type of human error usually on the part of one of the drivers. There are also a good number of crashes that are the fault of third parties, such as employers, auto part manufacturers, and those who are responsible for maintaining the roadways.

While some crashes result in minimal vehicle damage and only minor injuries, others can result in severe and even catastrophic injuries, including wrongful death. If you have been injured in an auto accident in Alabama, it is important to get an experienced attorney involved in your case as early as you can.

As soon as possible after your accident, call M. Adam Jones & Associates at 334-699-5599 for a free consultation and case assessment. We will meet with you to go over the details of your case and advise you of your legal rights and options, so you can make the most informed decision on how you wish to proceed.

Smartphone Apps that Can Help in Case of an Auto Accident

Driving while distracted is the primary cause of numerous car accidents today, and it can be strongly argued that smartphones have turned distracted driving into a national epidemic. But the smartphone technology itself is not the problem, it is the way people use it.

There are apps that can be added to your mobile phone that can help save lives, collect accident data, and organize this data into a comprehensive accident report. Having these apps at your fingertips can be invaluable if you should end up in a crash.

Here are 9 of the top smartphone apps for drivers to consider:

iWrecked

This is a fairly simple app that is easy to use and comes in handy when someone is disoriented after a crash. The iWrecked app allows you to preload vehicle information and emergency contacts that can be notified if you get into an accident. You can also take photos and notes within the app and use them to generate a vehicle accident report in the form of a PDF file.

Help I Crashed My Car

This app allows you to do everything that iWrecked does along with some added features. The app provides you with an ordered checklist of things to do if you get into a crash, which can really come in handy. And if you have your GPS turned on, the app will pull up a list of mechanics and vehicle rental agencies that are nearby.

SOSmart

This app is similar to the first two but with some different features as well. The SOSmart app will automatically detect a crash, notify emergency contacts, and request aid from first responders. In addition, it will pull up a list of nearby hospitals and the fastest routes to get to them based on current traffic.

Collision Call

This is another app that automatically detects a crash, notifies emergency contacts, and requests medical aid. The main difference with Collision Call is that it can be used not only by motorists, but also by motorcyclists, bicyclists, and pedestrians that are involved in a crash.

Auto Accident App

This app is good for compiling an accident report after a crash. Users upload their driver’s license, vehicle registration details, and insurance information and the app does the rest. You can compile photos, statements from eyewitnesses, and injury reports and the app will turn it into a comprehensive report.

Axikit

This app is similar to Auto Accident in that it allows you to produce a comprehensive report of the accident. Axikit walks you through the process of collecting data such as photos and eyewitness accounts. The app includes a voice recording feature for collecting eyewitness testimony, and it also includes smart tools that show a list of images to take photographs of after the crash, as well as what statements to make (and not make) while you are at the scene.

CamOnRoad

When it comes to proving what happened after an auto accident, nothing beats video evidence. This is why an app like CamOnRoad is something no motorist should be without. CamOnRoad turns your smartphone into a dashboard camera that records video while you drive. These video recordings could prove invaluable after an accident, especially if the other driver is trying to falsely claim that the crash is your fault.

American Red Cross First Aid App

This is a popular app that provides helpful guidance on how to administer first aid after someone suffers an injury. This app could be a lifesaver if someone at the scene of the crash needs first aid before help arrives. Be sure to also have a first aid kit in your car so you can make use of the information in this app when needed.

AAA and Honk

For those who have AAA, their mobile app will allow you to request a tow truck or other roadside assistance within seconds after a crash, and the app will notify loved ones of your location. The app will also provide other valuable information, such as the locations of nearby hotels, gas prices, and more.

For those who do not have AAA and want something a little better than the roadside assistance that insurance companies typically offer, Honk is a good alternative. There are thousands of tow trucks throughout the country that are registered with Honk, which provides users with 24/7 coverage just about anywhere they go.

Clearly you do not need every one of these apps as some of them are redundant or may not apply to you. Do your own research and choose the ones that will work best for you. Having smartphone apps that will notify loved ones, document the accident as it unfolds, help you find medical help, and compile a report of what happened will allow you to drive with peace of mind knowing that you have done everything possible to protect yourself in the event of a crash.

Obtain Experienced Legal Help After the Accident

After your crash and after you have received medical care, M. Adam Jones & Associates is here to help you with your legal claim. Get in touch with us at your earliest convenience to set up your free, no obligation consultation with one of our attorneys.

Adam Jones,

Managing Partner

Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

dashcam footage in a car accident

How Dashcam Footage Can Impact a Car Accident Claim

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Dashboard cameras (commonly known as “dashcams”) can have a significant impact on auto accident claims. Dashcams are mounted inside the car and provide ongoing footage of what is happening in front of the vehicle and sometimes the rear as well. Higher-end models can deliver better quality video, and some models can also record audio inside the vehicle.

There are a number of ways that dashcam footage can help a car accident claim:

  1. Prove Who Was at Fault

Dashcams can provide a great deal of clarity about how the auto accident occurred, what factors caused and contributed to it, and who was at fault. It is important to note, however, that dashboard cameras do not lie. If the other driver caused the crash, it might show more clearly how that happened. But if you were the one who caused the accident, it may show that as well.

  1. Show the Damage Done to your Vehicle

By being able to show footage of the accident, having a dashcam can assist in identifying the various ways in which your car was damaged by the crash. This can help ensure that you are fully reimbursed for all needed repairs.

  1. Prove that the Accident Actually Occurred

Having dashcam footage can be instrumental in proving that your car was involved in an accident in which the vehicle was damaged, and you potentially sustained injuries. This is important in hit-and-run cases in which the other driver fled the scene and there was no police report. Video footage from the dashboard camera may also be able to identify the other vehicle’s license plate number and help law enforcement can track them down.

  1. Protect Yourself from a False Liability Claim

Not only can dashboard camera footage help show who was at fault in an auto accident, but it can also protect a driver who is being falsely accused of causing the crash. Clear video footage can often exonerate the driver and show that they were not the one who caused the accident.

  1. Help Your Attorney to Secure the Best Outcome for Your Auto Accident Claim

Video footage that clearly shows how an accident occurred and what caused it is some of the best evidence for your attorney to use if you need to file a legal claim. This is especially important if you suffered moderate to severe injuries, in which case you may be entitled to a significant amount of compensation from the at-fault party.

Having dashcam footage strengthens your case and gives your attorney more negotiating leverage when dealing with the responsible driver’s insurance company. This increases the likelihood that the insurer will agree to a settlement that fully and fairly compensates you for your injuries. With this video evidence, the insurance company representative will know that they are likely to lose in court, which will motivate them to settle before the case ever gets that far.

Things to Keep in Mind about Dashboard Cameras

While dashcams can be very helpful in an auto accident case, there are some important things to remember when you use them. First of all, as we talked about earlier, dashcam footage favors no one, so always be sure to drive safely when you have the camera rolling.

Secondly, your dashcam may not always show clearly how an accident occurred. This depends largely on the location of the camera and the specific circumstances of the accident. For example, if you were sideswiped by another vehicle (or you sideswiped them), the camera might be able to provide a good idea about the impact of the collision, but it may not clearly show which car initiated the crash.

Finally, no matter how clear your dashcam footage is, it will not help you at all if you fail to capture it in time. Most low to moderately priced dashboard cameras save the footage for only a set amount of time before automatically deleting it to make room for new footage. It is up to you the driver (or someone else in your car) to capture the footage before it gets permanently deleted.

Work With an Experienced Alabama Auto Accident Lawyer

If you or someone close to you suffered an injury in a car crash, you need strong legal counsel in your corner fighting hard to recover maximum compensation on your behalf. Whether you have dashcam footage or not, a skilled and knowledgeable car accident attorney will be able to put you in the best possible position to secure a favorable outcome in your case.

If your auto accident occurred in Alabama, contact M. Adam Jones & Associates for assistance. Get in touch with us today to set up a free consultation and case assessment with a member of our legal team.

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

 

can keyless cars cause accidents?

How Keyless Vehicles Can Contribute to Auto Accidents

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Today’s vehicles come with numerous features that help automate the driving process and make our lives easier. Some of these features have made driving safer. Examples include blind-spot monitors and rearview cameras. There are other features, however, that though they may be more convenient, they come with some downsides as well. Vehicles with keyless starters are a good example of this.

Keyless cars were first introduced by Mercedes-Benz in the late 1990s, and at that time their product was called “Keyless Go”. These days, most vehicles are equipped with remote smart keys to lock and unlock the doors, and a lot of new vehicles come with keyless ignitions, also known as keyless “fobs”.

Most consumers like the convenience of having keyless ignition systems in their vehicles. This allows them to start the car with the push of a button and without having to dig around in their pocket or purse to find their keys. Keyless ignitions definitely save time and make driving more convenient, but they have also given rise to some potential hazards.

The Dangers of Keyless Ignition Cars

One of the most serious unintended consequences of having a keyless ignition vehicle is the increased risk of carbon monoxide poisoning. This occurs when people park their cars in the garage, close the garage door, and forget to shut off the vehicle. Because there is no key that needs to be removed from the ignition, it is easier to assume that the vehicle is already turned off when the person exits the vehicle.

Why does this happen? For one thing, newer vehicles tend to idle more quietly than older ones, so it is not always easy to tell if the car is turned on or off. In addition, most people in our society have a lot going on, and distractions are everywhere. When someone is focused heavily on other things, they might not remember to push the button and turn off their car.

The risk of carbon monoxide poisoning from keyless vehicles seems to be higher among the elderly. For most of their adult lives, aging drivers have used keys to start and turn off their vehicles. So, when they switch to a keyless car, it can be harder to form a new habit of turning the car off with the push of a button.

Several years ago, the Society of Automotive Engineers proposed a solution to this problem; to install some type of alert system on the vehicle that would beep if the car was still running without the key fob in or near the car, and even shut off the engine if the car was running for a certain amount of time in that status. This would essentially involve a software change that many experts believe could be accomplished for pennies per vehicle.

The National Highway Transportation Safety Administration (NHTSA) proposed a federal regulation that would mandate a software change to create an alert system like this on keyless vehicles. But the automotive industry opposed the idea, and the proposed rule change was left to languish. Hopefully, the rule will be revived, and in the meantime, the hope is that manufacturers will voluntarily install these systems into their new vehicles.

Another potential hazard that keyless ignition vehicles are more susceptible to is rollaway accidents. A rollaway accident usually occurs when a vehicle is turned off, but it is not in park. With a traditional keyed ignition, the driver cannot remove the key from the ignition if it is in drive or reverse; but with keyless ignitions, a driver could push the button and turn off the car even if it is in one of these two settings.

Automakers are supposed to install warning systems in their keyless vehicles to prevent roll-aways from happening. But unfortunately, these systems do not always work properly. Manufacturers need to devote more effort to making sure their keyless ignition cars are safe for consumers, and they need to take reasonable steps to ensure that the chances of serious and fatal accidents are minimized.

Injured in an Auto Accident in Alabama? Contact M. Adam Jones & Associates for Assistance

If you or someone close to you got hurt in a keyless vehicle accident or suffered any other type of personal injury in Alabama, you need experienced legal guidance to help guide you through the complexities of a vehicle accident claim, and to put you in a position to recover maximum compensation.

Get started on your claim today by calling M. Adam Jones & Associates for a free, no-obligation consultation and case assessment. We are ready to go to work for you!

Adam Jones,

Managing Partner

Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

car accident in company vehicle in Alabama

What Happens if you are Involved in a Crash with a Company Vehicle?

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Auto accidents that involve commercial vehicles are typically far more complicated than those that involve personal cars. First there is the question of who is responsible for the crash and any injuries and other losses that are sustained. This could be one of several different parties, including the driver of the company vehicle, their employer, the driver of other vehicles involved, or a third party.

Another issue that would need to be resolved is how an injured company driver gets reimbursed for their losses. Workers’ compensation coverage is available in many cases, but this only provides limited benefits for direct economic costs and does not cover any of the intangible losses such as pain-and-suffering and emotional distress. In some instances, the driver of the company vehicle might be able to recover compensation for these losses if another party is at fault for the accident.

Whether you were the company driver or another driver or passenger who was involved in a crash with a company vehicle, this is not the type of case that can be easily handled on your own. If you suffered injuries from the accident, it is very important to have the case examined by an experienced attorney, so you understand your rights and legal options. In Alabama, contact M. Adam Jones and Associates at 334-699-5599 for the strong legal guidance you need.

Determining Liability for a Crash with a Company Vehicle

As mentioned earlier, there are a number of parties that could potentially be at fault in an accident that involves a company vehicle:

The Driver’s Employer

Whether it was the driver of the company vehicle or their employer who was to blame, the employer’s liability insurance would usually kick in and pay for the damages. Even if the employer did not cause the crash, it is ultimately their responsibility to ensure that the vehicles they own are operated safely.

The Company Vehicle Driver

When the company vehicle driver is at fault for a crash, the employer’s insurance will usually take responsibility. But there are some exceptions to this general rule. Situations in which the company’s insurance would not cover an employee who causes a commercial vehicle accident include:

  • Criminal Activity: Many commercial insurers will refuse to indemnify an employee who causes a company vehicle crash while in the midst of committing a crime. The most common example of this would be an employee who is driving a commercial vehicle while under the influence of alcohol or drugs.
  • Going on a Frolic: If an employee decides to run personal errands or otherwise take an extended break while on company time, they might be held personally liable if they are at fault for a crash.
  • Non-Business Activity: Crashes involving company vehicles that happen outside of business hours are often not covered by the driver’s insurer. Examples include commuting to and from work or using the vehicle for personal or recreational activity during their time away from work.

The Driver of Another Vehicle

If the driver of a vehicle other than the company car is at fault for the crash in the company vehicle driver is injured, then they can file a claim with the responsible driver’s insurer. As we talked about previously, this would allow an injured company employee to recover compensation for losses over and above what would be available through their employer’s workers’ comp policy.

Third Parties

There are a number of parties who are not directly involved in a company vehicle crash that could hold some responsibility, including:

  • A cargo or shipping company that overloads or unevenly loads a commercial vehicle which leads to a crash. This is most common with large tractor-trailers.
  • The party who is responsible for maintaining a company vehicle when the crash results from mechanical failure.
  • The designer, manufacturer, or distributor of a faulty vehicle or vehicle part that causes the accident.
  • The party in charge of maintaining the roadways when problems with the roads (such as potholes or cracks in the surface, hidden or damaged road signs, or missing guardrails) cause the vehicle to crash.

A thorough investigation is necessary in order to gather all of the critical facts and pieces of evidence and identify the underlying cause of the crash and all contributing factors. This is why you want an attorney in your corner who understands the complexities and nuances involved with these types of cases and has the proven ability to ensure that all responsible parties are held fully accountable.

Get in Touch with M. Adam Jones and Associates Today

Crashes involving company vehicles are very complicated cases, and the sooner you get our firm involved, the better your chances of recovering the full and fair compensation you deserve. Call our office today or message us online to schedule your free consultation and case assessment. We look forward to serving you!

dealing with insurance after personal injury

Are you Required to Provide a Recorded Statement to an Insurance Company After an Accident?

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If you have been involved in an auto accident, you may be going through a very turbulent and challenging time. If you sustained injuries from the accident, then you should be working closely with your medical provider to obtain the treatments needed to get you on the road to recovery. You might also be looking at missing work while you are getting treated and going through rehabilitation. If the injury is more serious, this process might take quite a bit longer, perhaps several months or more.

While all of this is happening, you will be contacted at some point by the insurance company. In many cases, you may hear from the insurer for the at-fault driver within just a few days. The insurance company representative is usually friendly, courteous, and seemingly empathetic. They will call and ask how you are doing and assure you that everything is going to be okay. Shortly thereafter, they might request that you provide them a recorded statement about the accident.

The insurance company representative might make it seem like giving a recorded statement is standard operating procedure. And they might make you feel like you are obligated to comply with this request. They might not tell you that directly, but they may imply that by providing them with a recorded statement, it will help ensure that the claim gets processed smoothly so you can get your settlement check sooner.

It is very important to understand that you are under no obligation to give the insurance company a recorded statement, and you should never do so without being represented by an attorney. It is never in your best interests to give the insurer any type of statement on the record without legal representation, because such statements can be used to undermine your claim.

Why Does the Insurer Want a Recorded Statement?

Before considering whether or not to provide a recorded statement, it helps to understand the motivation of the insurance company. As we talked about earlier, they might come across as kind and courteous, and we know that they portray themselves to the public as “like a good neighbor” or “the good hands people”.

The truth is that insurance companies are not in business to take care of people, they are in business to make a profit. This is not necessarily an indictment of their industry, it’s just business. In order to maximize profits, they need to pay out as little as possible for injuries that are caused by their insured. And as such, their interests are not aligned with yours.

Insurance companies are professional organizations with representatives who are very good at what they do. They have various tactics that they can use to help protect their employer’s bottom line, and one such tactic is to have an injury claimant provide a recorded statement.

How a Recorded Statement to the Insurance Company Can Hurt your Claim

By getting the injured person to go on the record, the insurer can use their words against them later to minimize the amount that is paid for their claim or even to deny their claim altogether. One way a recorded statement could hurt you is if you end up with delayed symptoms from the accident that do not show up until several days or weeks later. For example, if you start to experience extreme pain in your neck and lower back sometime after the recording, the insurance company might deny treatment for these problems because you did not mention them in your original statement.

Another thing that could happen with a recorded statement as you may give an answer that implies that you were at least partially at fault for the accident. You might not remember all of the circumstances of the crash even a day or two later, and you might not be totally sure of everything that happened. But whatever the case, make sure you do not admit any kind of fault for the crash.

If the insurance company can get you to take even partial responsibility for the accident, this can be especially problematic in a state like Alabama. In Alabama, an injured party can be barred from recovering damages even if they are 1% at fault for the underlying accident or event. This is all the more reason to get a skilled and knowledgeable attorney involved in your case as early as possible, so your right to recover compensation can be fully protected.

Injured in a Car Crash in Alabama? Contact an Experienced Personal Injury Attorney

If you or someone close to you suffered injury in an auto accident, do NOT give a recorded statement to an insurance company without speaking with a lawyer first. If the accident occurred in Alabama, M. Adam Jones and Associates is ready to go to work for you. Call our office today or message us online for a free consultation and case assessment.

holiday safety tips

Safe Driving Tips for Holiday Travel

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The holidays are just around the corner, and this is the time of year when people are out and about to go shopping, attend holiday gatherings, and visit with loved ones. This year will be different because of COVID-19, and it is likely that some who would normally be out during this time of year will choose to stay home. Perhaps some families will do virtual visits instead of getting together in person.

If you are one of those who has decided to travel to see relatives or friends during this holiday season, there are still likely to be millions of others doing the same thing you are. And if you are taking a road trip, expect heavy traffic in some areas, and allow yourself plenty of time to reach your destination.

Here are some other important tips for those taking holiday road trips this year:

Get Your Vehicle Ready for the Trip

Make sure your car is ready to take a lengthy road trip. Take it into a mechanic and have them check over all of the important areas. These may include:

  • A battery and alternator test.
  • Changing the oil and topping off all of the other fluids.
  • Properly inflating the tires and checking their tread depth.
  • Checking the wiper blades to ensure that they are not worn or damaged.
  • Inspecting the brakes to make sure there is plenty of wear left on the pads.
  • Changing the spark plugs and performing a tune-up on the vehicle.
  • Making any repairs that the mechanic recommends.
  • Cleaning out the car and reducing the clutter inside.

Prepare for Emergencies

Put together an emergency kit in the event that you are stranded somewhere along the roadway. Your kit should include some basic supplies, such as:

  • Blankets
  • A first-aid kit
  • Jumper cables
  • Road flares
  • Flashlights with backup batteries
  • Snacks and drinking water
  • A functional spare tire

You should also make sure you have emergency roadside assistance either through your auto insurer or an outside service such as AAA. Write down the phone number for emergency assistance and put it in a safe place. You may also want to load the phone number into the contact list on your cell phone.

Plan your Route Ahead of Time

Before you start out on a trip, it is always a good idea to have your route planned out and know where you will be traveling. Decide who else will be driving besides yourself and plan out a driving schedule. Also decide who will be in charge of navigating and handling the phone. This of course should not be the driver. Finally, inform others of your travel plans before you leave.

Be Aware of Inclement Weather

As the day of travel approaches, monitor the weather reports in the areas in which you are going to be traveling. Be on the lookout for heavy rain, winds, ice, sleet, and snow in the forecast. If it looks like you are going to be going through dangerous weather conditions, plan alternative routes that will allow you to avoid these conditions as much as possible. In some extreme cases, you might want to consider canceling or postponing the trip.

Be Well Rested before Driving

Before driving for a significant distance, you should always have plenty of rest the night before. If you try to drive on too little amount of sleep, you run the risk of getting drowsy or sleepy behind the wheel, something that could result in disastrous consequences. For the average adult, it is best to get 7 to 8 hours of sleep before driving.

Stay Safe during Stops

Along the way, you will be making several stops for fuel, food, and restroom breaks. During the holiday season, the places you stop at your likely to be very busy with lots of people passing through. This means you need to be especially careful around surfaces that have been touched by numerous others.

Whenever you stop, be sure to follow all of the latest health and safety guidelines from the CDC. These include wearing face coverings in public places, distancing, washing your hands frequently, avoiding touching your face, and using plenty of hand sanitizer. Remember that the holiday season is also peak flu season in most places, so COVID-19 is not the only illness you need to watch out for.

Injured in a Vehicle Accident During the Holidays? Contact an Experienced Auto Accident Lawyer

Even if you have done your best to stay safe, accidents are sometimes unavoidable, and they are often caused by the negligence of others. If you or a loved one got injured in an accident this holiday season, M. Adam Jones and Associates is here to help.

Message us online or call our office today to schedule free consultation and case assessment. We look forward to serving you!

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

 

sun glare accidents

Tips for Avoiding Sun Glare Accidents

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When the fall arrives, daylight savings time ends and the days start getting shorter. One of the challenges for drivers (with the shorter days) is dealing with sun glare during peak driving hours. While driving to work in the morning, for example, it is not uncommon to get hit with a blast of bright sunlight after making a turn and driving east. The glare of the sun can seem blinding, and it can make it extremely difficult for drivers to see what is in front of them.

It is hard to quantify the extent to which sun glare contributes to auto accidents. Drivers are naturally very reluctant to admit that their view was inhibited by bright sunlight after a crash, and this does not always show up as a cause on a police report.

The most comprehensive data that we know of (with regards to sun glare accidents) is a study conducted by the National Institute of Health (NIH). The study looked at more than 11,000 life-threatening vehicle crashes over a 20-year period, and they examined the reasons for hospitalizations resulting from these accidents.

The NIH found that bright sunlight/sun glare was present in approximately one third of all accidents that happened during the daylight hours. This shows that, although there could be other contributing factors, sun glare is definitely a hazard that drivers need to be prepared for, particularly during the autumn and winter months when the sun rises later and sets earlier.

Is Sun Glare Considered an “Act of God”?

Some may argue that they are not liable for a sun glare accident because bright sunlight is an “act of God”. While it may be true that sunlight is part of nature and out of a driver’s control, this does not absolve the driver of responsibility if the glare of the sun were to cause them to crash the vehicle.

Events that are typically referred to as “acts of God” are those that are unpredictable and thus more difficult to prepare for. Examples would include floods, mudslides, earthquakes, or an animal that dashes out in front of an oncoming vehicle.

A driver is responsible to exercise reasonable care while operating their vehicle, and this includes preparing for events that are predictable and known to happen each day. It is not difficult to know the daily forecast and what time the sun is expected to rise and set, and therefore, a driver should be ready to deal with bright sunlight, especially if it is present on their daily drive to or from work or school.

Protecting Yourself from Sun Glare Accidents

The best way to avoid being held liable for a sun glare accident is to take steps to prevent getting into one in the first place. Here are some precautions drivers should take to avoid collisions caused by bright sunlight:

  • Wear Polarized Sunglasses: While nothing can totally eliminate the glare of the sun, polarized sunglasses do the best job of minimizing the effects of bright sunlight.
  • Clear your Windshield and Dashboard: Keep your dashboard free of clutter, especially reflective objects that can worsen the sun glare. Also, make sure to keep your windshield clean and free of streaks and marks. Have an adequate supply of window washer fluid available before you begin driving and be sure your windshield wipers are in good repair.
  • Reduce your Speed: When you get hit with bright sunlight, one of the best defenses is to slow down. By driving more slowly, you will have more time to identify other vehicles and objects that are more difficult to see because of the glare.
  • Keep your Headlights On: When there is bright sunlight present, drive with your headlights on to help other drivers see your vehicle in case they are battling sun glare.
  • Avoid Distracted Driving: It is always good practice to avoid distractions while driving, and in fact, certain distractions like texting while driving are unlawful. Do your best to eliminate other distractions, especially when you are trying to deal with sun glare.
  • Adjust your Route If Possible: While not always practical, one good way to avoid sun glare is to minimize the amount of eastbound travel in the morning and westbound travel in the evening. This might mean a simple route adjustment that allows you to spend more time traveling north or south, or it might be just a matter of leaving to or from work a little earlier or later. Take a look at your driving route and schedule to see if there are any helpful changes you could make.

Injured in a Sun Glare Accident in Alabama? Contact a Seasoned Car Accident Lawyer

Even if you employ all the best safety practices, you cannot control the actions of other motorists. If you or a loved one got hurt in an auto accident that was someone else’s fault, contact M. Adam Jones and Associates for experienced legal help. Alabama is a defendant-friendly state when it comes to personal injury claims, and it is always wise to work with an attorney with the proven ability to recover maximum compensation on behalf of their clients.

To get started, call our office today or send us a message through our online contact form. We look forward to serving you!