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Attorney Portrait Auto Accidents

Statute of Limitations for Car Accident Cases in Birmingham

Being injured in a car accident is a frustrating experience. You have likely lost time from work in addition to paying for medical bills and car repairs.  Understandably, you want to hold the responsible party accountable for their actions and receive compensation for you for your damages. However, you don’t have an unlimited amount of time to pursue a claim. There is a statute of limitations for suing over a car accident in Alabama. If you need assistance pursuing a claim for damages resulting from a car accident, let our experienced Birmingham car accident lawyers help. What Is the Statute of Limitations in Alabama for Car Accidents? In general, you have only two years to file a lawsuit for a car accident claim in Alabama. If you wait until the statute of limitations has passed, the court will likely bar you from recovery. That means you will collect nothing for your injuries, physical damages, or pain and suffering. It’s not uncommon for the defendant’s insurance company to drag out the claim, hoping you’ll miss the statute of limitations. If you are in negotiations with their insurance company beforehand and miss the deadline, they are not obligated to pay you anything even if you were close to a settlement. That is one reason why it’s essential to contact an attorney at the start of your claim. At Fob James Law Firm, we will handle all negotiations and ensure a lawsuit has been timely filed. Alabama Car Accident Settlement Process The time it takes for a car accident claim to resolve is different from case to case. It depends on a lot of factors, including the facts of the accident and the severity of your injuries. Cases involving relatively minor property damage and injuries could resolve in as quickly as two to three months. Cases involving serious injuries, significant time off work, and even future disability could take a year or longer to resolve. However, cases with disputed liability or other aggravating circumstances may not settle before the statute of limitations expires. These cases require filing a lawsuit. The time it takes to resolve in litigation will vary. If the defendant’s insurance company doesn’t agree to settle, we will prepare to take your case to trial. That could be another year or more away. Speaking with one of our Birmingham car accident attorneys can help you understand your specific case’s timeline. Pitfalls and Things to Look Out for When Suing over a Car Accident in Alabama When you attempt to handle your own car accident claim, there’s a higher chance of making mistakes along the way. While some of these may be minor, others can jeopardize your entire case. Some potential errors include: Not seeking medical treatment quickly after the accident; Waiting too long to file a claim or lawsuit; Not getting enough documentation of your damages; Giving a recorded statement to the defendant’s insurance company; Settling your claim for the first offer; and Hiring a lawyer that doesn’t specialize in auto accident cases. When you retain our firm right after the accident, we can help you avoid these pitfalls. Your attorney will explain the importance of seeking medical treatment early on. We can communicate with the insurance company on your behalf so you aren’t coerced into making a statement that can be used against you. We will also make sure the insurance company doesn’t delay your claim or try to get you to resolve it for far less than it’s worth. Contact a Birmingham Car Accident Attorney If you need assistance with a Birmingham car accident claim, let Fob James Law Firm help. We have decades of experience assisting clients just like you. We understand the tactics insurance companies use and know all the ways to fight them. Contact our office today to schedule an initial consultation. Our goal is to protect your rights and help you get the compensation you deserve.

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Motorcycle Helmet Laws in Birmingham, AL

Almost half of the country has a universal helmet law in place, including Alabama. All riders and passengers are obligated to wear a helmet at all times, no matter their age. Also, Alabama helmet laws set forth specifics on what is an approved helmet. These include details on the necessary exterior shell, cradle, padding, and chin strap. The National Highway Traffic Safety Administration’s (NHTSA) findings indicate that wearing a proper helmet can save thousands of lives every year. If you were involved in an Alabama motorcycle-related accident, you need a skilled Birmingham motorcycle accident attorney on your side. Other Alabama Motorcycle Laws In addition to following Alabama helmet laws, motorcycle riders must adhere to many other important regulations. Some of these laws include: Riders must have a class M endorsement on their driver license to operate a motorcycle; Riders must be 16 or older to obtain a class M endorsement; Motorcyclists are prohibited from riding between the lanes or between rows of vehicles; Riders must be sitting on the regular and permanent seat and cannot carry a passenger unless the motorcycle is designed for two and has the required footpegs; Motorcycle riders must wear shoes at all times; Riders can’t ride abreast from more than one other motorcycle in the same lane; Motorcyclists are prohibited from passing a vehicle in the same lane as the one they are overtaking; and Riders cannot carry anything on the motorcycle, like a package, if it prevents them from having both hands on the handlebars. Motorcyclists are also required to follow the same traffic safety laws as other motorists on the road. Failure to do so can result in an accident. What Happens If I Get Caught Not Wearing a Helmet While on a Motorcycle in Alabama? If you are caught by a police officer while not wearing a helmet, you could receive a fine. If you are in an accident while not wearing a helmet, you could be severely injured or even die from your injuries. Common Causes of Motorcycle Accidents Motorcycle accidents in Birmingham can happen for a variety of reasons. Some of the most common causes of accidents we see include: Tailgating; Opening a car door into a motorcycle; Speeding; Failure to observe the motorcycle rider; Changing lanes into the motorcycle; Driving under the influence; Distracted driving; Sudden stops; Adverse weather; and Road hazards. Severe to catastrophic injuries are not uncommon in motorcycle accidents. Some injuries could’ve been reduced or even avoided entirely if the rider was wearing a helmet. There tends to be a stigma about motorcycle riders. Contrary to what most people think, motorcyclists are not always at fault in an accident. While following Alabama helmet laws, wearing proper safety gear, and taking motorcycle training can help reduce some accidents, other drivers need to watch for motorcyclists at all times. Defensive driving can also save lives. Contact Our Alabama Motorcycle Accident Lawyers Today If you suffered injuries in a motorcycle accident caused by someone else’s negligence, don’t attempt to pursue an injury claim on your own. Let an experienced Birmingham motorcycle lawyer assist. With decades of experience representing clients in Alabama personal injury matters, the attorneys at Fob James Law Firm can help you fight for the compensation you deserve. Contact our office today to schedule a free no-obligation case evaluation.

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How to File a Wrongful Death Lawsuit in Birmingham

Losing a loved one in a tragic accident or because of another’s intentional actions is devastating. We recognize it is a challenging time for you and your family.  If your family member’s death was someone else’s fault, it can be even more painful. Understandably, you might have many concerns and questions, including whether the at-fault party will be held criminally responsible. You may also want to know who can file a wrongful death lawsuit in Alabama. To understand more about how wrongful death claims work, contact our skilled Birmingham wrongful death lawyers. What Is a Wrongful Death Claim? A wrongful death claim is a civil claim for financial compensation and is meant to hold the responsible party accountable for someone’s death. Wrongful death is when another party’s negligence, omission, or reckless or intentional actions cause someone to die. Because of this, they should be held accountable. In some situations, that means a criminal trial, possibly resulting in incarceration and fines. A wrongful death claim is a civil case, which results in financial compensation. To bring a wrongful death claim, you need to see whether the victim would’ve had the right to bring a claim had they survived. If the deceased would have had a personal injury claim against the defendant, you might have the right to file one for wrongful death. Alabama law is different from that of many other states regarding the type of damages you can receive in a wrongful death case. Alabama law limits you to recovering only punitive damages in a wrongful death lawsuit. Punitive damages do not necessarily compensate the survivors for financial losses associated with the victim’s death. Instead, it’s more about punishing the defendant for their wrongdoing and sending a message to others not to replicate the behavior. Who Can File a Wrongful Death Lawsuit in Alabama? Under Alabama law, only the deceased’s personal representative can file a wrongful death lawsuit. The personal representative is usually someone named in the deceased’s will. They will be responsible for probate administration and may or may not be a family member. If the deceased did not appoint someone or did not have an estate plan at all, the court will appoint someone as the estate administrator. While the personal representative is the one who files the wrongful death lawsuit, the family members will receive the proceeds from a settlement or jury award. How Are Wrongful Death Proceeds Divided in Alabama? Damages are distributed to surviving family members based on Alabama’s intestate laws. The rules on who receives what falls under a specific hierarchy based on the probate code. This can be a complicated process depending on surviving family members. You need a skilled Birmingham wrongful death attorney who can explain the order of priority in your specific situation. Contact an Alabama Wrongful Death Attorney In Alabama, the wrongful death statute of limitations is typically only two years. However, some circumstances could alter the time you have to file. That is why you must contact an experienced attorney early on. At Fob James Law Firm, we have decades of experience helping Birmingham clients recover compensation in wrongful death claims. Contact our office today to schedule a free, no-obligation consultation. Let us help your family through this difficult time and fight to hold the responsible party accountable.

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Nursing Home Wrongful Death Cases in Birmingham

Nursing Home Wrongful Death Cases in Birmingham Choosing when to move a family member to a nursing home can be a tough decision. You assume that your loved ones will be well taken care of and treated with respect. Sadly, nursing home abuse is a problem plaguing facilities all across the country. Sometimes that abuse or neglect can lead to a resident’s death. In these situations, your family might have the right to bring a nursing home wrongful death claim in Alabama. If you suspect abuse at the facility caused your family member’s death, contact a Birmingham nursing home abuse lawyer. How to Know Whether You Have a Wrongful Death Case? A wrongful death claim can arise when someone’s negligence, reckless behavior, or intentional acts cause another person to die. Nursing home abuse and neglect can cause a person’s health to deteriorate quickly. If you can prove the nursing home caused your loved one’s death, you might qualify to present a wrongful death claim. Under Alabama law, only the personal representative for the deceased’s estate can bring a nursing home wrongful death claim. A wrongful death claim exists only if the deceased would have had the legal right to pursue their damages had they not passed away. One example is when a resident has bedsores that go untreated. Bedsores can be very painful and become infected. If the infection is too great, they could die. If the person had lived, they could’ve brought a claim against the facility for their injuries. Alabama’s wrongful death claims are very different from other states. One of the main differences to note is that you can pursue only punitive damages in your complaint. Punitive damages are meant to punish the responsible party for their actions and set an example to deter others from acting similarly. While other states look at surviving family members’ damages, Alabama values nursing home wrongful death cases based on the responsible party’s actions.  Nursing Home Wrongful Death Causes There are four main types of nursing home abuse. These are physical, emotional, sexual, and financial. Physical abuse could include battery, neglecting to move immobile residents, or improper use of restraints. With emotional abuse, residents are yelled at, threatened, degraded, etc. No one wants to imagine sexual abuse as being a problem in nursing homes, but it is. Sexual abuse can be perpetrated by caretakers, other residents, or visitors to the facility. Lastly, financial abuse can involve a caretaker coercing a resident to transfer money, change their estate documents, and more. Watching for signs of abuse can help you identify problems before they become life-threatening. Look for physical injuries, radical emotional and behavioral changes, and missing money or personal items. Contact Our Wrongful Death and Nursing Home Abuse Lawyer If your family member passed away due to a nursing home’s negligence, you need a skilled Birmingham wrongful death and nursing home abuse lawyer on your side. At Fob James Law Firm, we know all the federal and state laws governing nursing homes in Alabama. We have years of experience trying wrongful death and elder law matters. Contact our office today to schedule a free, no-obligation consultation. Nursing home wrongful death cases are complicated. Let us put our experience to work for you and help you hold the negligent nursing home responsible for your family member’s death.

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PRESS RELEASE – Fob James Law Firm Files Lawsuit Against A Former Dothan Financial Advisor And Other Conspirators For Allegedly Stealing Millions of Dollars From Clients’ Retirement Accounts.

BIRMINGHAM, Alabama – Fob James Law Firm today announced the filing of a lawsuit to recover the life savings of 6 retirees in Dothan, Alabama and the Florida Panhandle lost due to financial industry fraud. The lawsuit, filed in the Circuit Court of Houston County Alabama, alleges that former financial advisor Blake Daughtry of Dothan, Alabama and other conspirators forged signatures, opened fraudulent accounts, transferred retirement savings into sham entities, and stole millions of dollars of clients’ retirement savings. The lawsuit also alleges breach of fiduciary duties and negligence on the part of two financial institutions, Kestra Investment Services, LLC of Austin, Texas and Equity Trust Company of Westlake, Ohio. Daughtry, who was barred from the financial industry by the regulatory agency FINRA in March 2020, is a former Kestra registered representative. In addition to Blake Daughtry, Kestra Investment Services, LLC, and Equity Trust Company, the lawsuit also names as defendants Graysail Advisors, LLC of Jacksonville, Florida; Small World Capital, LLC of Jacksonville, Florida; The Daughtry Group of Dothan, Alabama; Jared Eakes of unknown parts; and David Smalls of Jacksonville, Florida. Fob James, IV, counsel for Plaintiffs, said, “my clients are hardworking men and women. The money they saved for retirement was earned from their conscientious labor over decades. From the evidence so far—it looks like my clients were repeatedly lied to, their signatures forged, their retirement savings stolen, and the broker-dealers and financial institutions involved failed to stop it or warn my clients. I am reaching out to anyone who knows any facts on what went down with Blake Daughtry, Kestra, or any of the other defendants to contact me so I can help my clients get their retirement savings back.” Fob James, IV can be reached at the Fob James Law Firm in Birmingham, Alabama: 205-407-6009.

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What Are Motorcycle Laws in Birmingham?

Motorcycles can be fun and exciting and a great alternative to a regular vehicle. However, motorcycles can also pose great danger. Before getting on the road, you should become familiar with the motorcycle laws in Alabama. Motorcycle Accident Statistics Motorcycles are smaller than cars, can be less visible to other drivers, and require more skills to maneuver. For these and many other reasons, motorcycle accidents are very common. According to the Insurance Institute for Highway Safety (IIHS), 4,985 motorcyclists were killed in crashes in 2018. In 2016, deaths resulting from motorcycle accidents accounted for 14% of total highway crash deaths, reaching 5,337. This represents the highest number of motorcycle fatalities since data collection began in 1975. Helmets are crucial when riding motorcycles and can even be lifesaving. According to the National Highway Traffic Safety Administration (NHTSA), helmets saved 1,872 lives in 2017. If all motorcyclists wore helmets, 749 more lives could have been saved that year.  Alabama Motorcycle Laws There are various categories of laws in Alabama pertaining to motorcycles. They are as follows.  License Laws For many years, Alabama was the only state that did not require any special license to operate a motorcycle. In recent years, this has changed. To drive a motorcycle in Alabama, you must pass a written exam or complete a motorcycle safety course. You must also possess a driver license with a class M endorsement.  Helmet Laws If you are operating a motorcycle in Alabama, you are legally required to wear a helmet, no matter your age. The helmet must also meet specific safety standards. Your motorcycle helmet should: Have a hard, non-shatterable exterior; Have a shock-absorbent cradle to support the head;  Have substantially thick, impact-resistant padding; and Have a chin strap to hold it in place. Helmets do not need to have a visor, but if they do, they must be flexible or snap-on. Passenger Laws Safety is just as crucial for motorcycle passengers. In Alabama, passengers must: Wear a helmet, Have a separate seat and footrest; and Be able to hold on. There is no minimum age for motorcycle passengers. Passengers are required only to abide by passenger laws. Lane Sharing Laws Motorcyclist lane sharing is allowed in Alabama, but no more than two motorcycles can share a lane side by side. Lane splitting—when a motorcyclist rides between cars—is illegal in Alabama.  Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here What to Do After You Are Injured in an Accident and Not at Fault If you are involved in an accident, there are certain steps you should take. These steps include: Calling 911 right away; Seeking medical attention if needed; and Collecting information from the scene of the accident, including the other driver’s information. After reporting the accident to your insurance company, it is imperative you call an attorney. Many times, after an accident involving a motorcycle, it is assumed that the motorcycle driver was driving recklessly. If you are not at fault, your attorney will be able to review your case and conduct an investigation to prove fault. Contacting an Alabama Personal Injury Attorney After following the appropriate steps, you should contact an Alabama personal injury attorney as soon as possible. An experienced attorney will review your case and give you the best legal advice. Fob James Law Firm has over 40 years of experience advocating for clients. We take fewer cases to provide our clients with the highest quality care and service. You can always expect attention and compassion while we work toward obtaining a just settlement. Contact us today, and let’s see how we can help you. 

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Attorney Portrait Auto Accidents

How to File a Diminished Value Claim in Birmingham

It’s no secret your car loses value the longer you drive it. Unfortunately, after a car accident, your vehicle will be worth even less than usual. If your vehicle sustained damages after a collision, you may be able to file a diminished value claim to recover compensation. What Is a Diminished Value Claim? A diminished value claim allows you to collect damages for your vehicle if it was damaged and its value has decreased. There are three types of diminished value: Immediate: the difference in your vehicle’s value before the accident and after the repairs; Inherent: the most common type, pertaining to the loss of value simply due to the collision; and Repair-related: the value lost from poor repair work following a car accident. When it comes time to trade in or sell your vehicle, it is likely to be challenging. Nowadays, it’s impossible to hide a car’s previous history. Your auto accident will undoubtedly be revealed, along with the repairs, and the vehicle will be worth much less. Even if the car is perfectly repaired and looks like new, the fact that it was involved in a collision remains.  How to File a Diminished Value Claim Alabama is one of few states that allow drivers to file diminished value claims. The statute of limitations for diminished value claims in Alabama is six years from the date of the accident. Diminished value claims are brought against the at-fault driver or their insurance company. You may file a diminished value claim in Alabama unless: You were at fault for the accident; The damage was due to something other than the auto collision; or You are an uninsured motorist.  An attorney can help you file your diminished value claim. They will contact the at-fault party and their insurance company, as well as calculate your vehicle’s value. Your attorney may consult with outside parties to accurately calculate the diminished value. After the at-fault party’s insurance company reviews your diminished value claim, they will either deny the claim or offer a low settlement. In either situation, your attorney can communicate back and forth with the insurance company to reach a favorable outcome. How to Prove Diminished Value Proving the diminished value of your vehicle can be challenging. You can consult various resources to try to come up with a calculation, but every situation is different. Many factors go into proving diminished value, including: The accident itself; The damage your vehicle sustained; How old the car is; The make and model; and The current market. It is best to consult with an attorney to help prove the diminished value of your vehicle.  Contact an Alabama Car Accident Attorney Navigating a diminished value claim on your own can be quite the task. There is plenty that goes into these claims, but an Alabama car accident lawyer will know best how to handle it. They can help calculate the value of your diminished value claim and communicate with the insurance company to help reach just compensation. The Fob James Law Firm has over 40 years of experience helping clients after auto collisions. We have the knowledge and expertise to help you attain a favorable outcome. Contact us today, and let’s discuss your case. 

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Harbor Freight Jack Stand Litigation

Have You Been Injured by a Defective Harbor Freight Tools / Pittsburgh Automotive Jack Stand? The National Highway Traffic Safety Administration (“NHTSA”) released a consumer advisory warning related to Harbor Freight Tools’ recall of more than 1.7 million defective 3-ton and 6-ton heavy-duty steel jack stands. These so-called heavy-duty jack stands, which were sold under Harbor Freight Tools’ “Pittsburgh Automotive” brand, are unsafe to consumers as they are prone to collapse under normal loads. As a result, numerous injuries have been reported and consumers have been asked to immediately discontinue use. Harbor Freight Tools has a history of selling low quality and dangerous products, and its jack stands are no exception. Fob James Law Firm is currently handling a case where a Harbor Freight Tools’ tire spoon broke in half while the user was changing a tire causing serious injuries. A user on Reddit posted photos reflecting how shoddy the jack stands are—unbelievably, thin and narrow metal rivets are the only thing holding up the full weight of the vehicle. Due to Harbor Freight Tools’ negligence in manufacturing and selling these defective jack stands, numerous persons have been seriously injured from vehicles collapsing on them. Harbor Freight Tools’ recall is too little too late. Frankly, Harbor Freight Tools should have never sold these defective jack stands in the first place.  Fob James Law Firm is accepting cases involving defective Harbor Freight Tools’ products, including tire irons, tire spoons, jack stands, and other defective products. If you have been injured by a defective jack stand, contact a Birmingham defective product attorney at Fob James Law Firm. We are available to review your case at no charge to you. If we take your case, we do it on contingency which means we do not collect a fee unless we win your case.

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How to Determine Fault in a Car Accident in Birmingham

After a car accident, you may experience many worries and have plenty to do. You’ll seek medical treatment, deal with the insurance companies, and possibly face various expenses. Unless it’s obvious, one of the most important things you are left to do is determine who was at fault in the accident. Determining who is at fault in a car accident can make all the difference in your case. How Is Fault Determined in a Car Accident? It is not always evident who is the at-fault party in a car accident. It may require an investigation to determine who was truly at fault. At the scene of the accident, police officers will make their preliminary investigation to determine the primary collision factor. They will then use all information collected for their police report. Aside from the police report, your attorney can use various tools to help determine fault. These include: Photos and evidence from the scene of the accident; Surveillance camera footage; and Eyewitness statements. Determining who is at fault is crucial when filing a claim and attempting to receive compensation for your injuries.  Can You Share Fault in an Accident? Yes, you can share fault in an accident. Alabama operates under a contributory negligence standard. This means that if a party is at fault—even if they slightly contributed to the accident—they cannot claim damages.   For example, if you hit a pedestrian crossing the street, you may initially be deemed the at-fault party. But if the pedestrian was distracted on their phone while attempting to cross the street and did not have the right of way, they would be assigned contributory negligence. Therefore, you would not have to pay damages. After a car accident, the other party may claim shared fault to avoid paying damages. An attorney can help you with this.  Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here What Is Minor Fault? Insurance companies will go to great lengths to avoid paying an injured party. Many times they will try to assign minor fault. As previously stated, because Alabama is a contributory negligence state, even the slightest contribution to the accident could mean zero compensation. If this occurs, you must contact a car accident attorney. An experienced attorney will know how to handle your case best and fight against the insurance company. Contact an Alabama Car Accident Attorney After a car accident, an attorney is your best ally. Determining fault can be challenging and involved, but an experienced car accident attorney knows how to handle this material aspect of your case.  Fob James Law Firm has over 40 years of experience, offering clients the absolute best service. We are dedicated to helping clients injured in car accidents obtain just compensation and the best possible outcomes. Contact us today, and let’s see how we can help you.

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Is Alabama a No-Fault State?

Every state operates under a “fault” or “no-fault” system. The main differences between fault and no-fault are whether victims have the right to sue and who is responsible for damages after a car accident. It is essential to understand what fault and no-fault mean when dealing with car insurance and auto collisions. What Is No-Fault? No-fault means that, after an accident, victims do not have to prove fault to recover damages. Compensation for injured parties usually comes from their own personal injury protection (PIP) insurance. In no-fault states, victims can sue at-fault drivers only if the policy limits do not provide enough compensation or they have sustained severe injuries.  Alabama Is a Fault State Alabama follows a fault-based compensation system. This means that, after a car accident, the person who caused the accident is responsible for compensating the injured party.  Drivers in fault states have more options to receive compensation for their injuries after an accident. If you suffered injuries in a car accident, you can: File a claim with your own insurance company; File a claim with the other driver’s insurance provider; or File a personal injury claim against the other driver. Many factors play a part in determining the best course of action for your case. An Alabama car accident attorney can review your case and discuss options, depending on the circumstances. Alabama Auto Insurance Laws Alabama has a mandatory liability insurance law that requires drivers to have liability insurance to operate a vehicle. Liability insurance must meet minimum requirements, including: Bodily injury coverage of $25,000 per person and up to $50,000 per accident; and Property damage coverage of $25,000 per accident. While this is only the minimum insurance required, you should consider higher limits to protect yourself further. Uninsured/Underinsured Motorist Insurance Aside from the minimum liability insurance, you may also opt to purchase uninsured/underinsured motorist insurance. This insurance provides an injured driver with compensation after an accident if the at-fault driver doesn’t have enough, or any, insurance.  Driving Without Insurance If you violate the mandatory liability insurance law and fail to carry the minimum liability insurance, you may face repercussions. If you are caught driving without insurance, you may have to pay a fine of at least $500 for the first offense. Subsequent offenses can result in $1,000 fines and suspension of your driver license for up to six months.  Contact An Alabama Car Accident Attorney After a car accident, it is helpful to contact an attorney as soon as possible. An experienced car accident attorney will assess your situation and offer valuable legal advice with a goal of maximum compensation.  Fob James Law Firm has over 40 years of experience advocating for injured victims. We offer the highest quality service while fighting for just compensation. Contact us today, and let’s discuss your case. 

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