Alabama & Texas Car Wreck Lawyer
Injured in a Car Wreck in Alabama or Texas? You Don’t Have to Face It Alone
A serious car wreck changes everything in an instant — suddenly you’re dealing with pain, medical bills, missed work, and an insurance adjuster who wants you to settle fast and cheap. At John C. Hubbard, LLC, we represent car accident victims in Birmingham and throughout Alabama, and we know how to level the playing field.
We investigate your wreck, preserve the evidence, deal with the insurance companies so you don’t have to, and build a case for every dollar you’re owed: medical expenses, future treatment, lost wages, lost earning capacity, pain and suffering, and property damage. You pay nothing up front — we work on a contingency fee, which means there’s no attorney’s fee unless we recover for you.
Your consultation is free. Call 205-378-8121 or contact us online today.
Common Causes of Car Wrecks We Handle
Car wrecks happen in many ways — and identifying exactly how yours happened is the first step to proving fault. We handle every type of collision, including:
Fender Benders & Rear-End Collisions
Even a “minor” crash can cause whiplash, back injuries, and concussions that surface days later. Don’t let an insurer brush off your injuries.
Distracted Driving
Eating, reaching for objects, adjusting the radio, or simply not watching the road — distraction is one of the leading causes of Alabama wrecks.
Drunk & Impaired Driving
Drivers under the influence of alcohol or drugs cause some of the most devastating crashes. Punitive damages may be available in these cases.
Texting & Cell Phone Use
At highway speed, reading one text means driving the length of a football field blind. Phone records can prove the driver was on their phone.
Unlicensed & Uninsured Drivers
About 1 in 7 U.S. drivers were uninsured in 2023 (Insurance Research Council). We find every source of recovery, including your own UM/UIM coverage.
Speeding & Reckless Driving
Speeding, tailgating, and aggressive lane changes turn ordinary commutes into life-changing collisions.
Drowsy & Fatigued Driving
A fatigued driver can be just as dangerous as a drunk one — especially commercial drivers pushing past their limits.
Bad Weather & Road Hazards
Rain and fog demand extra caution. Drivers who fail to slow down — or entities that neglect road maintenance — can be held responsible.
What to Do After a Car Wreck in Alabama
What you do in the hours and days after a wreck can make or break your claim. Follow these steps:
- Call 911 and report the wreck — the police report is critical evidence.
- Get medical attention right away, even if you feel “mostly fine.”
- Photograph the vehicles, the scene, skid marks, and your injuries.
- Collect names and contact information for all drivers and witnesses.
- Talk to an Alabama & Texas car wreck lawyer before accepting any settlement offer.
Why Time — and Fault — Matter So Much in Alabama
Deadlines to bring an injury claim in Alabama are strict, and some are far shorter than people expect. For example, tort claims against a city or town generally must be presented within six months, and personal-injury claims against a city or town require a sworn statement filed with the municipal clerk. Because missing a deadline can end a case before it starts, talk to a lawyer as soon as you can. Evidence also disappears quickly, so the sooner we start, the stronger your case.
Just as important, Alabama follows the harsh contributory negligence rule. Alabama courts have held that, under Alabama law, “contributory negligence is a complete defense to a claim based on negligence.” See Mitchell v. Torrence Cablevision USA, Inc., 806 So. 2d 1254, 1257 (Ala. Civ. App. 2000). If the insurance company can pin even part of the blame on you, it can try to deny your claim entirely. Adjusters are trained to use this rule against unrepresented victims. Don’t give them the chance.
Have more questions? Visit our Frequently Asked Questions page or call us for straight answers about your specific situation.
Reviewed by John C. Hubbard, Attorney.
Last reviewed: June 2026.
Hurt in Texas? John C. Hubbard is licensed in Texas and accepts Texas car wreck and injury cases as well, along with the debt collection and credit reporting problems that often follow an accident. Texas clients can call 832-410-8121.
The Alabama rule that decides most car wreck cases
Alabama is one of a handful of states that still follows pure contributory negligence. If the insurance company can convince a jury you were even one percent at fault, you recover nothing. That rule shapes everything about how a Birmingham car wreck claim is handled. The adjuster is not asking about your speed, your phone, or your seat belt out of curiosity; each question is a search for the one fact that ends the claim. The defense has real limits. Contributory negligence is no defense to wanton conduct, such as a drunk driver or someone racing through a red light. A child under seven cannot be contributorily negligent at all, and one between seven and fourteen is presumed incapable of it. And the defendant has to prove your fault, not the other way around. Texas is different: under Tex. Civ. Prac. & Rem. Code § 33.001 you recover as long as you were not more than 50 percent at fault, with your award reduced by your share.
Two deadlines, and a shorter one most people miss
You have two years from the date of the wreck to file suit in Alabama (Ala. Code § 6-2-38) and two years in Texas (Tex. Civ. Prac. & Rem. Code § 16.003). If a city vehicle or a road defect is involved, the clock is much shorter: a claim against an Alabama city must be filed with the city clerk within six months (Ala. Code § 11-47-23), and a Texas governmental unit must receive written notice within six months, or sooner under some city charters (§ 101.101). Do not treat the two year date as a target. Dash cam footage is overwritten in days, intersection cameras in weeks, and the other driver’s phone records only stay reachable while the case is active.
Where the case is filed
A wreck in Birmingham, Vestavia Hills, Hoover, Homewood or Mountain Brook is filed in the Jefferson County Circuit Court, in either the Birmingham or Bessemer division depending on where it happened. Shelby County wrecks go to the circuit court in Columbiana. Houston area wrecks are filed in the Harris County district courts, and the firm also handles cases in Dallas County. Smaller claims go to district court or justice court. Most cases never see a courtroom; they settle after the medical treatment is finished and the full value of the injury can be documented. John C. Hubbard handles the claim from the first call with the adjuster through trial if that is what it takes.
Uninsured and underinsured drivers
Alabama requires only $25,000 per person in liability coverage, Texas only $30,000, and a large share of drivers in both states carry nothing. If the driver who hit you is one of them, your own uninsured motorist coverage is the case. Alabama lets you stack UM coverage across up to three vehicles on the same policy (Ala. Code § 32-7-23), which can turn a $25,000 limit into $75,000. Your insurer is still an insurer: it will dispute fault and the value of your injuries exactly the way the other driver’s company would. Send the firm your own declarations page along with the police report.
Passengers, the guest statute, and family members
Alabama’s guest statute (Ala. Code § 32-1-2) bars a passenger from suing the driver of the car they were riding in unless the driver was willful or wanton. That surprises families every week. It does not bar a claim against the other driver, and it does not apply if you were paying for the ride. Texas has no guest statute.
What the claim is worth and what comes out of it
Recoverable damages are the medical bills, lost wages, future care, and pain and suffering, and in a wanton conduct case punitive damages. Two things reduce the net. Your health insurer, Medicare or Medicaid, and any hospital that treated you can assert a lien on the settlement (Ala. Code § 35-11-370 gives Alabama hospitals one automatically). Alabama has also modified the traditional collateral source rule for medical expenses: Ala. Code § 12-21-45 allows evidence that medical or hospital expenses have been paid or reimbursed, while also permitting evidence of the cost of obtaining those benefits and any obligation to repay them. Negotiating those liens down is a large part of what the firm does after the settlement number is agreed, and it often changes the amount in your pocket more than the last round of negotiation with the adjuster did.
What to send with your intake
The police report or the report number, photos of the vehicles and the scene, the other driver’s insurance information, your own declarations page, and the names of the places you have treated. If an adjuster has already called, say so, and do not give a recorded statement before the firm reviews the file. The case review is free, and there is no attorney’s fee unless money is recovered. Se habla español.
Start your case here
Answer the questions below and John will review your summary, usually the same business day. It takes about three minutes.