Fatal Car Accident Lawyer in Montgomery

The loss of a loved one in a fatal car accident can have a significant impact on your family’s future. A Montgomery car accident lawyer can investigate the fatal crash and help you pursue compensation for your loss.

Wettermark Keith has represented more than 100,000 clients. If you lost a loved one in a preventable car crash, a fatal car accident lawyer in Montgomery can help you hold those who are responsible accountable.

The Role of a Montgomery Fatal Car Accident Lawyer

Building a strong wrongful death claim can be difficult, especially if you are grieving the loss of a loved one.

A Montgomery personal injury lawyer can step in and:

• Investigate the accident: A lawyer can gather police reports, photographs, traffic-camera footage, vehicle information, witness statements, and other evidence that helps establish what happened.
• Calculate damages: A lawyer can evaluate your family’s losses and determine the value of your wrongful death claim.
• Handle insurance companies: A lawyer can communicate with insurers and work to obtain a fair settlement for your family.
• File a lawsuit: If a fair settlement isn’t offered, a lawyer can help you prepare and file a wrongful death lawsuit.

What Types of Damages Can You Recover?

In an Alabama wrongful death case, you can only recover punitive damages, which are designed to punish the wrongdoer and discourage future misconduct. Alabama is the only U.S. state that does not allow families to recover actual costs like medical bills, funeral expenses, or lost wages through a wrongful death lawsuit.

Juries base the award amount on how immoral or reckless the defendant’s behavior was, not on the financial losses suffered by your family. There is no legal limit on the amount of punitive damages a jury can award, though the amount must fit the severity of the act.

Who Can File a Wrongful Death Claim in Alabama?

In Alabama, only the personal representative (executor) of the deceased person’s estate has the legal authority to file a lawsuit for wrongful death. The only exception is if the deceased was a minor, in which case their parents have the right to file a claim.

If the deceased left a will, the executor is typically named in it. If there is no will, or if the named executor cannot serve, an Alabama probate court will appoint a personal representative (often a surviving spouse, adult child, or parent) after opening an estate.

While only the personal representative can formally file the lawsuit, any financial compensation that’s awarded goes directly to the legal heirs (such as a spouse, children, or parents) rather than to the estate’s general creditors.

How Long Do You Have to File a Fatal Car Accident Lawsuit in Alabama?

The deadline for filing a wrongful death lawsuit in Alabama is generally two years from the date of death. If you don’t file your claim before this statute of limitations expires, your family will forfeit the right to pursue a lawsuit, even if there is strong evidence that another person caused the fatal crash.

That said, exceptions may apply in certain situations, such as if the accident involved a government-owned vehicle. A Montgomery fatal car accident lawyer can evaluate your case and explain how much time you have left to bring a lawsuit.

Who Can Be Held Responsible for a Fatal Car Accident?

While the person who caused the collision is typically the primary defendant in a fatal car accident case, liability is not always limited to that individual.

Depending on the circumstances, potentially liable parties include:

• The at-fault driver: A driver may be responsible if their negligent or wrongful conduct caused the fatal collision.
• The vehicle owner: In certain circumstances, an owner may have legal responsibility for allowing another person to use their vehicle.
• An employer: If a driver caused a crash while acting within the scope of their employment, their employer may potentially be liable.
• A vehicle manufacturer: A manufacturer could be held responsible if a defective vehicle or component contributed to the fatal accident.
• A negligent maintenance provider: A company or individual responsible for maintaining a vehicle may face liability if negligent maintenance contributed to the crash.

Common Causes of Fatal Car Accidents in Montgomery

Some of the most common causes of fatal car crashes in Montgomery are:

• Speeding
• Distracted driving
• Driving under the influence of alcohol or drugs
• Running red lights or stop signs
• Failing to yield the right of way
• Aggressive or reckless driving
• Drowsy or fatigued driving
• Improper passing
• Following another vehicle too closely
• Unsafe lane changes
• Poor vehicle maintenance
• Defective vehicle components
• Dangerous road conditions

What to Do After a Fatal Car Accident in Montgomery

While the aftermath of a fatal car crash can be distressing, the actions you take matter. It’s important to:

• Obtain the accident report: The police’s traffic accident report may provide important information about the crash, the drivers involved, citations, witnesses, and who is at fault.
• Preserve available evidence: Keep photographs, videos, insurance documents, medical records, vehicle information, and correspondence relating to the accident.
• Identify witnesses: Write down the names and contact information of anyone who may have witnessed the collision.
• Avoid discussing fault publicly: Any statements you make to insurers, on social media, or elsewhere could potentially be used against you later.
• Notify your insurance company: Inform your insurance carrier of the accident, but don’t give a recorded statement or agree to a settlement until you talk to a lawyer.
• Speak with a lawyer: A Montgomery fatal auto accidents attorney can review your case and explain your family’s legal options.

Talk to a Fatal Car Accident Attorney in Montgomery

A wrongful death claim often requires an in-depth investigation and extended negotiations with insurers. If you recently lost a family member in a car crash, a Montgomery fatal car accident attorney from Wettermark Keith can assist with your claim and handle the insurance company so you can spend time with your loved ones.

Schedule a free case evaluation to learn more about your legal options.