Personal Injury Attorney Tom McCutcheon examines the art of accident reconstruction, and its importance to your car accident case.
Were you hurt in a wreck because someone wasn’t paying attention behind the wheel? If so, you’re not alone and don’t have to deal with the mess alone. At McCutcheon & Hamner, we help folks in North Alabama get what they’re owed after a distracted driving accident. I’ll walk you through what distracted driving really means, what to do after the crash, and what kind of compensation you may be entitled to. I’ll also explain why having the right distracted driving accident lawyers in your corner makes all the difference.
In 2023 Alabama rolled out the Hands-Free Law making it illegal to hold a mobile phone or any electronic device while driving. Full enforcement started June 15, 2024.
Distracted driving is a significant problem on our roadways, causing numerous car accidents and resulting in serious injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that diverts attention from driving, including visual, manual, and cognitive distractions. Common examples of distracted driving include eating, texting, talking on a cell phone, eating, and interacting with other passengers and infotainment systems.
Visual distractions take the motorist’s eyes off the road, manual distractions take the driver’s hands off the steering wheel, and mental distractions take the driver’s mind off driving. Texting while driving is particularly dangerous because it simultaneously involves all three types of distractions. Even a momentary lapse in attention can lead to a devastating car accident.
To avoid distracted driving, keeping your eyes on the road, hands on the wheel, and mind focused on driving is essential. If you or a loved one has been involved in a car accident caused by a distracted driver, it is crucial to seek the help of an experienced driving accident attorney like Joel or I. Navigating the complex process of filing a personal injury claim and obtaining fair compensation requires legal expertise. A skilled attorney can help you gather evidence, deal with Insurance Providers, and ensure you receive the compensation you deserve for your injuries and damages.
Distracted driving is anything that pulls a driver’s eyes and attention away from the road. That could mean using your phone, eating, or fiddling with your car’s touchscreen. There are three types of distractions—things that take your eyes off the road, your hands off the wheel, or your mind off driving. Texting does all three, which makes it one of the worst. I’ve handled plenty of cases where folks were hurt because someone was talking to a passenger, flipping through radio stations, or messing with their GPS. It only takes a second for something to go wrong.
Taking your hands off the wheel to change the radio, adjust the A/C, or mess with the GPS might not seem like much, but it’s a real problem. I’ve seen too many wrecks caused by drivers doing just that. Eating or drinking behind the wheel can be just as bad. When your focus isn’t on the road, even for a moment, serious accidents can happen.
Texting while driving is like closing your eyes behind the wheel for several seconds. That’s all it takes to cause a wreck. Folks don’t always realize how dangerous it is until it’s too late. Knowing how distractions—especially cell phone use—affect your driving can help prevent accidents and save lives.
Right after a distracted driving wreck, things can feel overwhelming. Your first job is to check on everyone and get medical help if needed. Once that’s handled, try to gather some evidence while you’re still at the scene. Take pictures of the vehicles, the road, and any injuries. Get names and contact info from witnesses if you can. And make sure you get a copy of the police report. These details can make a big difference later.
Call us as soon as you can after a distracted driving accident. The sooner we get involved, the better we can help you. Joel and I have been handling personal injury cases in Alabama for over 40 years, and we know what needs to be done—and when. Coverage providers don’t play fair. They’ll look for any reason to pay you less than your case is worth. They have even prenegotiated rates with “Case Managers,” not lawyers, to save money that badly hurt people are due. That’s why you need someone who knows how to deal with them and what your case is worth. We’ll handle the paperwork, fight for a fair settlement, and make sure your rights are protected from day one.
Most of the time, you must file an insurance claim with the other driver’s insurance company to get compensated. But in some cases, you may have to go through your own insurance, too. Every situation’s a little different. That’s where we come in. We’ll look at the details, figure out the best path forward, and deal with the insurance providers so you don’t have to. You’ve got enough to worry about—let us handle the back-and-forth so you can focus on getting better.
Sometimes, insurance providers just won’t do what’s right. When that happens, we may have to file a lawsuit to get you the compensation you deserve. I’ve taken plenty of cases to court over the years, and I’ll be ready to take yours if it comes to that. I’ll make sure everything is prepared and present your case the right way. You only get one shot at this, and I’ll fight to make it count.
If you’ve been hurt by a distracted driver, you may be entitled to compensation for what you’ve lost. That includes medical expenses, medical bills, missed work, and the pain and stress that come after a wreck. Medical costs add up fast, and part of my job is to help you get those bills covered. We’ll ensure your claim includes everything—from treatment costs to the time you’ve missed at work.
If your injuries keep you from working, you can claim lost wages, too. That’s money you and your family were counting on. You can also recover for pain and suffering—what the law calls non-economic damages. It’s not just about the bills. It’s about how the accident has changed your life. I’ve spent decades helping folks across Alabama get the full amount they’re owed, and we’ll do the same for you.
The more evidence we have, the stronger your case will be. Police reports, witness statements, and photos can all help show what really happened. If the driver was texting, we can work to get their phone records. We once had to have a forensic investigator unlock a phone, which revealed that the driver was watching a “Movie” when he struck our client. If there is evidence of wrongdoing we’ll find it. That kind of proof can make all the difference. I’ve handled enough of these cases to know what to look for—and how to use it to your advantage.
It’s important to take photos at the scene if you’re able—pictures of the cars, the road, and any injuries. That kind of proof goes a long way, especially when presented to a jury. The police report can help too, especially if the officer noted signs of distraction or if the defendant admitted to not paying attention. Turning around to address children in the back seat can be a significant distraction. I use those details to build a strong case and hold the other driver accountable.
The more solid evidence we can gather, the better your chances of getting the full compensation you deserve. A strong case starts with the right facts—and I know how to put them together to get results.
In Alabama, you typically have two years from the date of the accident to file personal injury lawsuits. That clock starts ticking the day the wreck happens. Miss that deadline, and you may lose your chance to recover anything. That’s why it’s smart to call a lawyer early—so we can get started while everything’s still fresh and your options are still open.
There are a few exceptions to the deadline. If the person hurt is a minor, or if the claim is against a government agency, the time limits can be different—and sometimes even shorter. In rare cases, the clock might not start until the injury is discovered. But don’t count on that. It’s always safer to call as soon as possible so we can figure out exactly how much time you have.
The sooner you file your claim, the better. Waiting too long can shut the door on your legal options. Let’s get started while everything’s still clear and your case is at its strongest.
One last note. In the state of Alabama if a loved one passes away due to injuries sustained in an accident their claim dies with them. It is important to file a lawsuit before that happens especially when the family depends on that person’s income.
Having the right lawyer on your side can make all the difference after a distracted-driving wreck. I’ve spent over 40 years going head-to-head with insurance providers, and I know how to keep them honest. They’ll try to pay you as little as possible—I won’t let that happen. When you’ve got someone experienced handling the negotiations, your chances of getting a fair settlement go way up.
When we take on your case, we handle the calls, the paperwork, and the back-and-forth with the insurance carriers so you can focus on healing. If they won’t offer what’s fair, we’re ready to take the case to court. I’ve done it before, and I’ll do it again if that’s what it takes to get you what you’re owed.
If you’ve been hit by someone who was texting and driving, don’t wait—call an experienced personal injury attorney right away. The sooner we get started, the better your chances of getting the compensation you deserve.
Texting while driving is one of the most dangerous things you can do while you drive. It takes your eyes and your mind off the road for about five seconds—that’s long enough to cause a serious wreck. I’ve seen crashes caused by folks talking to passengers, checking their phones, or just not paying attention. Anytime a driver’s focused on something other than the road, they’re putting lives at risk.
Teenagers can get distracted in all kinds of ways—looking around, singing, goofing off with friends. It might seem harmless, but it’s not. In 2023 alone, distracted driving led to over 3,200 deaths across the country. Knowing what causes these wrecks is the first step to stopping them. Everyone has to take this seriously if we want our roads to be safer.
If you’ve been hurt in a distracted driving accident, you’ve got legal rights under Alabama law. You have the right to seek fair compensation for your medical bills, lost income, and the pain you’ve gone through. Now, if the other side tries to say you were partly at fault, your recovery might be reduced under something called comparative negligence. That’s one more reason to have someone like me fighting for you—to make sure you don’t get short-changed.
If a distracted driver caused your injuries, you have every right to hold them accountable. That’s how we push for safer roads—by making sure careless drivers face the consequences. When you understand your legal rights, you can take the steps needed to protect yourself and go after the compensation you deserve. And I’ll be right there with you every step of the way.
Insurance carriers are a big part of any distracted driving case—and not always in a good way. They’re in the business of saving money, not paying it out. I’ve seen them deny claims or try to shift some of the blame onto the injured person just to cut what they owe. They’ll dig into phone records and vehicle data, looking for anything they can use. The type of insurance coverage you have can significantly impact your ability to file claims for damages, especially if the at-fault driver lacks coverage. That’s why you need someone who knows how to stand up to them and protect your rights.
Dealing with insurance companies isn’t easy—they know the rules, and they use them to their advantage. That’s why having a lawyer on your side matters. I’ve spent over four decades making sure my clients are treated fairly and don’t get pushed around. We’ll work to get you every dollar you’re owed and keep the insurance providers honest while we do it.
If the other driver was texting, we need to act fast. Get whatever proof you can—photos, witness names, anything that shows what happened. We can work to get phone records that may confirm they were texting. The sooner you call me, the sooner I can start building your case and making sure you’re on solid ground for your injury claim.
Talking to a lawyer early on helps you understand what your rights are and what your case may be worth. You might be owed money for medical bills, lost wages, and more. When we get started right away, we can build a strong case and give you the best shot at getting the justice you deserve. We also offer a free case review to assess your situation and explore your options for compensation.
When selecting a distracted driving accident attorney, it is vital to choose a law firm with a proven track record of success in handling distracted driving cases. Look for attorneys who have extensive experience in personal injury law and a deep understanding of the complexities of distracted driving accidents. A reputable law firm should offer a free consultation to discuss your case and provide guidance on the best course of action. We’ve put in the time to be the best and continue to attend conferences that sharpen our skills and keep us up-to-date on court room trends.
During the consultation, ask about their experience with insurance claims, their approach to negotiating with insurance companies, and their success rate in obtaining maximum compensation for their clients. It’s important to choose a lawyer who is not only skilled in legal matters but also compassionate and understanding of your situation. Law firms like Alexander Shunnarah Trial Attorneys, Wettermark Keith, Morgan & Morgan, and Law Tigers often sell your information off to small independent lawyers who don’t have the big case wins to afford billboards, television commercials, online advertising, and nice websites. Trust me you won’t likely get a named partner from one of those firms to handle your case and even if you did you probably wouldn’t be happy with their performance because they are lead generating services not lawyers that actively handle the case volume that we do.
Additionally, consider a law firm that works on a contingency fee basis, ensuring that you will not owe them anything unless they can recover compensation for you. This arrangement allows you to pursue your case without the stress of upfront legal fees. At McCutcheon & Hamner we have a strict policy that no matter what the result we never make more than you. We won’t change your fee structure should your case have to court and you will never pay a dime out of pocket.
By choosing the right distracted driving accident attorneys, you can ensure that your rights are protected, and you receive the fair compensation you deserve for your injuries and damages. An experienced attorney will handle the legal complexities, allowing you to focus on your recovery and well-being.
If you’ve been hurt by a distracted driver, give us a call. We offer free consultations for car accident claims, and we’re available 24/7. You won’t pay a dime upfront—we only get paid if we win your case. That’s how we’ve always done it at McCutcheon & Hamner.
You can schedule a free, no-obligation consultation to sit down and talk through your case with us. It’s a chance to get honest answers and understand your legal options without any pressure. That first call could be the step that helps you get the compensation you deserve.
Motor vehicle accidents caused by distracted driving result in real harm, and we’ve seen the damage they do to good folks across Alabama. If you’ve been hurt in a car accident, you have rights—and you don’t have to face it alone. With the right evidence and someone who knows how to handle the insurance companies, you can get the compensation you’re owed. If you or someone you love has been injured by a distracted driver, give us a call. I’m here to help you take the next step and protect what matters.
Insurance adjusters look out for profits. We don’t let them take advantage of you after a crash.
They may deny fault or downplay your injury. We stop them cold with evidence and expert support.
If you’ve been hurt in a distracted driving accident, you’ve got legal rights under Alabama law. You have the right to seek fair compensation for your medical bills, lost income, and the pain you’ve gone through. Now, if the other side tries to say you were partly at fault, your recovery might be reduced under something called comparative negligence. That’s one more reason to have someone like me fighting for you—to make sure you don’t get short-changed.
If a distracted driver caused your injuries, you have every right to hold them accountable. That’s how we push for safer roads—by making sure careless drivers face the consequences. When you understand your legal rights, you can take the steps needed to protect yourself and go after the compensation you deserve. And I’ll be right there with you every step of the way.
If the other driver was texting when the wreck happened, we need to lock down the proof. That means getting witness statements, photos, and possibly their phone records. The sooner you call, the sooner I can get to work sorting it out and guiding you through what comes next.
Safe driving requires full attention—visual, manual, and cognitive. Neglecting this can lead to serious car accidents.
Yes. Even if you feel fine, injuries like whiplash, concussions, or internal injuries may not show symptoms immediately. Seeking medical attention promptly can protect your health and strengthen your case.
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