Alabama, along with three other states and the District of Columbia operates on a strict doctrine called the contributory negligence system for personal injury cases. Under this defense, if you were hurt in an accident but contributed fault to the collision by even 1%, you will not be able to file a claim for damages.
To help provide a deeper understanding of this common law tort rule, here are two things you need to know about the contributory negligence system.
How does Alabama’s fault-based system work?
Alabama still follows the harsh “contributory negligence” rule. Using this principle, the injured party can only file a claim against the other party if they can prove that the other driver was 100% at-fault for the motor vehicle crash.
For example, you (plaintiff) were injured in a motorcycle accident and you decide to pursue a lawsuit to seek compensation for your damages. The jury determined that the other party (defendant) was 95% responsible for the crash. Since your actions meant that you were 5% to blame for the crash, you will not be able to recover any amount for the damages.
What are the common types of contributory negligence?
The rules of contributory negligence can apply in any type of personal injury claim, including:
- Slip and fall accidents
- Dog bites
- Bicycle accidents
- Auto accidents
- Truck accidents
- Pedestrian accidents
- Wrongful death
Since this legal doctrine makes it challenging for victims to receive compensation for their injuries and/or damages, it is highly ideal to consult with a personal injury attorney to discuss your options and determine fault for your accident.
Navigating your case while recovering from your injury can feel overwhelming on your own. By hiring legal counsel, they can help protect your rights, guide you through the complexity of the contributory negligence system and represent you in court.