In Alabama, the rules for getting compensation after a car crash are strict. If the law deems you partially responsible for an accident, it can be difficult to recover damages.
Understanding how Alabama law handles these situations can help you know what to expect if you find yourself in this unfortunate position.
Contributory negligence in Alabama
Alabama’s rules of pleading outline a policy of contributory negligence for accident cases. Under this doctrine, a person found to be even slightly at fault for the accident cannot receive any compensation for their injuries or damages. This rule applies regardless of how minor the person’s fault may be. For example, if a driver was speeding by just a few miles per hour and that contributed to the crash, they would likely not recover any damages, even if the other driver was primarily responsible.
Determining fault in an Alabama accident
Due to the strict contributory negligence rule, determining fault is of the utmost importance in Alabama vehicle accidents. Insurance companies and courts carefully investigate every detail to figure out who is at fault and to what degree. The person seeking compensation must prove that they had no fault in the accident to recover damages.
Exceptions to contributory negligence
Some limited exceptions to the contributory negligence rule do exist.. For instance, if the other driver intentionally caused the crash, the injured party might still recover damages, even if they were partly at fault. This exception is rare, but it offers a viable option for defense in certain situations.
In Alabama, a person who shares any fault for a crash usually cannot receive compensation for their injuries or damages. This strict rule emphasizes the importance of thoroughly documenting auto accidents and taking appropriate steps to build a strong legal claim.