Detailed Answer

Disclaimer: This is educational information only and is not legal advice. Consult a licensed Alabama attorney for advice about your specific situation.

Overview

If another driver ignored a stop sign and struck your car in Alabama, you generally have two parallel paths to pursue compensation: (1) make a claim with the at-fault driver’s auto insurance carrier, and (2) if necessary, file a civil lawsuit. The practical steps you take immediately and in the weeks after the crash matter a lot. Alabama follows the contributory negligence rule, which can completely bar recovery if you are even slightly at fault, so careful documentation and timely action are critical.

Step-by-step: What to do right after the crash

1. Safety first. Move to safety if you can. Call 911 for medical help and to report the crash.
2. Get a police report. Ask that police come to the scene or file a report. The official report is a key piece of evidence for insurers and courts.
3. Document the scene. Take clear photos and videos of vehicle positions, damage, skid marks, traffic signs (stop signs), traffic signals, and the surrounding intersection from multiple angles.
4. Collect information. Exchange names, phone numbers, driver’s license numbers, license plate numbers, insurance companies and policy numbers. Write down vehicle makes/models and identify any witnesses; get their contact information and statements if possible.
5. Seek medical care immediately. Even if you feel okay, see a doctor. Some injuries show up hours or days later. Create and keep medical records of all visits, diagnoses, tests, treatment, and recommended therapy.
6. Preserve evidence. Keep any damaged clothing or personal items, repair estimates, receipts, and a copy of the police report. Preserve your vehicle’s condition until an insurer or attorney inspects it (if possible).

How to file an insurance claim (first, and often easiest)

Alabama uses at-fault insurance rules: file a claim with the at-fault driver’s insurer. Be prepared to provide:

• Police report number and contact information for the responding officer.
• Photos of the scene and vehicles.
• Medical records and bills.
• Repair estimates and receipts for other crash-related expenses (rental car, towing, prescriptions).

Keep written notes of phone calls with insurers (time, person, summary). Do not give a recorded statement to the other driver’s insurer until you know the full scope of your injuries and damages. If the insurer makes a settlement offer, compare it to your documented damages and medical prognosis before accepting.

When you may need to file a lawsuit in Alabama

If the insurer denies liability, refuses to make a reasonable offer, or you need compensation beyond insurance limits, filing a civil lawsuit may be necessary. You must file in the proper court (district or circuit) depending on the amount in controversy and the nature of the claim.

Statute of limitations

Alabama limits how long you have to start a lawsuit for personal injury. In most automobile crash personal injury cases the deadline is two years from the date of the injury. See Alabama Code for the applicable statute of limitations: Ala. Code § 6-2-38. Missing this deadline usually ends your right to sue, so act promptly.

Fault and Alabama’s contributory negligence rule

Alabama’s courts apply the contributory negligence doctrine. That means if a factfinder (judge or jury) finds that you were even slightly negligent and that negligence contributed to your injury, you may be prevented from recovering any damages. Because this rule is strict, do everything possible to document that you obeyed traffic signs, were stopped properly, and took reasonable precautions.

Evidence that helps prove the other driver ran the stop sign

• Police report statements and citations issued to the other driver.
• Photos showing the stop sign, vehicle position, and skid marks.
• Video from nearby traffic or security cameras, dashcams, or bystander phones.
• Independent witness statements placing the other driver at fault.
• Expert accident reconstruction (sometimes needed in contested cases).

Types of damages you can pursue

• Economic damages: medical bills, future medical care, lost wages, vehicle repair or replacement, rental car costs.
• Non-economic damages: pain and suffering, loss of enjoyment of life (harder to quantify).
• Punitive damages: rarely awarded and typically require proof of egregious conduct. Alabama law and courts limit punitive damages in various ways.

When to consult a lawyer

Talk with an Alabama personal injury attorney if:

• You have serious or permanent injuries.
• Liability is disputed or the other driver blames you.
• The at-fault driver lacks sufficient insurance and there may be additional parties (employer, municipality).
• Insurers are denying coverage or offering unreasonably low settlements.
• You want help preserving evidence, preparing a demand, or filing suit before the deadline.

Typical timeline

1. Immediate: call 911, document scene, get medical care.
2. Days to weeks: insurer investigations; medical treatment and tests continue.
3. Weeks to months: settlement negotiations; if unresolved, consider filing suit.
4. Months to years: if sued, litigation, discovery, possible trial, or settlement.

Next steps summary

1. Secure safety and medical care. Obtain the police report.
2. Document everything—photos, witness contacts, medical records, expenses.
3. Notify insurers and provide documented claims; avoid recorded statements early if possible.
4. Watch the statute of limitations clock (generally two years). See Ala. Code § 6-2-38.
5. Consult a qualified Alabama personal injury attorney promptly if liability might be contested, injuries are serious, or the claim is complex.

Helpful Hints

• Take many photos immediately—angle and distance matter. Keep originals safe.
• Get medical care even for mild symptoms; delayed treatment can undermine your claim.
• Ask for a copy of the police crash report early; some jurisdictions charge a fee or limit access.
• Do not admit fault at the scene or to the other driver’s insurer.
• Keep a crash journal: record symptoms, doctor visits, missed work, and the emotional impact.
• If there were cameras at the intersection, ask police to preserve footage quickly—video is often overwritten.
• Consider counsel early in Alabama because contributory negligence is unforgiving; a lawyer can spot and protect against subtle risk points.

If you want, I can outline a checklist you can print and carry after a crash or provide a sample demand letter and list of documents an insurer will expect.