At Simmons Law, one of the most common mistakes Chris Simmons sees after a crash on I-10, US-90, or the Bayway is that the injured driver left the scene without documenting it properly. That gap in evidence can cost a case. Alabama gives injured drivers two years to file a lawsuit under § 6-2-38 — but the best evidence disappears in hours, not years. This guide walks through exactly what to do.
Step 1: Make the Scene Safe Before Anything Else
Before pulling out a phone, check for immediate danger. On high-speed corridors like I-10 through Mobile or I-65 north of the city, secondary crashes are a serious risk. Move vehicles to the shoulder if they are drivable and injuries allow. Activate hazard lights. Call 911. Do not leave the scene — Alabama law requires drivers involved in accidents to remain, render reasonable aid, and exchange information.
Step 2: Photograph Everything Immediately
Modern smartphones capture GPS coordinates and timestamps in the photo metadata — this is evidence. Take photos of: (1) all vehicle damage from multiple angles; (2) the final resting positions of every vehicle before they are moved; (3) skid marks, debris fields, and fluid spills on the roadway; (4) traffic control devices — signals, signs, and lane markings; (5) road conditions, including potholes, standing water, or construction zones that contributed to the crash; (6) visible injuries on your body; (7) the other driver's license plate, insurance card, driver's license, and vehicle registration.
On roads like the Causeway (US-90/98), the Spanish Fort interchange, or SR-59 through Gulf Shores, dashcam footage from nearby commercial vehicles or traffic cameras may also capture the crash. That footage is often overwritten within 30–72 hours. Preservation begins the moment Simmons Law is retained.
Step 3: Identify and Secure Witness Information
Witnesses leave. Get their names and phone numbers before first responders arrive and the crowd disperses. A credible eyewitness who saw the other driver run a red light on Airport Boulevard or cut across three lanes on I-65 can be the difference between a disputed liability case and a straightforward one. Ask bystanders directly: 'Did you see what happened? Can I get your number in case my attorney needs a statement?' Most people will say yes.
Step 4: Get the Police Report — and Get it Right
Call 911 and request a responding officer even for accidents that appear minor. In Mobile County, crashes are handled by Mobile Police Department or the Mobile County Sheriff's Office depending on location. In Baldwin County, Gulf Shores Police, Daphne Police, or the Baldwin County Sheriff's Office will respond. Always request a copy of the crash report — in Alabama, these are available through the Alabama Law Enforcement Agency (ALEA) at crash.dps.alabama.gov once processed, typically within 7–10 days.
When speaking with officers, report facts only. Describe what happened in sequence. Do not speculate about fault or apologize. The crash report will be referenced in any insurance claim or lawsuit filed in Mobile County Circuit Court or Baldwin County Circuit Court.
Step 5: Preserve All Physical and Digital Evidence
Once you are home or at the hospital — USA Health University Hospital or Thomas Hospital in Fairhope are common treatment destinations for Mobile and Baldwin County crash victims — begin preserving evidence proactively: (1) Back up every photo to cloud storage immediately; (2) Write a detailed account of what happened while memory is fresh, including weather, lighting, and what the other driver said; (3) Do not repair your vehicle until an attorney authorizes it — the vehicle itself may need inspection by an accident reconstructionist; (4) Preserve any clothing worn in the crash, especially if airbags deployed; (5) Save all medical records, bills, prescription receipts, and documentation of missed work.
The Two-Year Clock Starts Immediately
Under Alabama Code § 6-2-38, the statute of limitations for personal injury claims is two years from the date of the accident. Missing that deadline extinguishes the right to sue permanently. Evidence deteriorates fast — surveillance footage is deleted, witnesses move, vehicle damage is repaired — which is why Simmons Law recommends contacting a Mobile car accident attorney as soon as possible after a crash. Chris Simmons personally reviews the facts of every case and can issue preservation letters to insurers, businesses, and government agencies that may hold critical evidence.
For a comprehensive overview of the full process, see what to do after a car accident in Alabama. If serious injuries are involved, a Mobile personal injury lawyer can assess the full scope of damages including medical expenses, lost wages, and pain and suffering.
