How Is Fault Determined in a Car Accident in Alabama?

Alabama is a fault-based state for car accidents, so a driver who is found at fault for causing an accident is responsible for paying for the resulting harm. This could include economic expenses, such as medical expenses, vehicle repairs, and lost wages, as well as non-economic expenses, such as physical pain and emotional suffering. However, you must establish that the other driver is at fault before you can recover any money for your injuries.

To determine who is at fault for a car accident in Alabama, courts or insurance adjusters will examine a range of evidence and decide whose careless actions led to the collision. 

Contact Gartlan Injury Law today for a free consultation with a Dothan personal injury lawyer.

What Are Some Alabama Car Accident Statistics?

Alabama car accidents impact thousands of lives annually. Many of these tragedies are entirely preventable. Here are a few Alabama Department of Transportation statistics to show the toll these crashes take:

• More than 134,000 crashes occurred statewide in a recent year. These crashes resulted in 37,983 injuries and 932 deaths that year. This translates to one injury about every 14 minutes and one death every nine hours.
• Over a 10-year period, crashes in Alabama increased by almost 5 percent. The number of injuries stayed roughly the same, while fatalities increased by about 3.7 percent. The mileage fatality rate increased by about 1.8 percent. Meanwhile, the economic cost of car accidents soared by more than 30 percent, with more than $18 billion in annual costs.
• Alabama’s mileage fatality rate for one recent year was 1.40 deaths per 100 million vehicle miles traveled (VMT). By comparison, the national fatality rate was 1.37 deaths per 100 million VMT.
• Over a 10-year period, the number of urban traffic fatalities decreased by 1.68 percent, while the number of rural traffic fatalities increased by 7.20 percent.
• Police issued DUI citations to more than 5,100 drivers in one recent year. The proportion of fatal crashes in that year involving drug or alcohol impairment is 5.43 times greater than that of crashes that do not involve drugs or alcohol.

What Are the Key Elements to Prove Negligence Caused a Car Accident?

Four key elements are crucial in showing negligence in an Alabama car accident:

Duty of Care

Duty of care refers to the legal obligation one driver has to avoid causing harm to another. In Alabama, every driver must operate their vehicle in a way that is safe and considerate of others on the road. This includes obeying traffic laws, driving safely, maintaining vehicle control, being aware of their surroundings, and avoiding potential distractions.

Breach of Duty

Breach of duty involves showing that a driver did not follow the expected standard of care when operating their vehicle. Proving that a driver failed to uphold their duty often requires collecting extensive evidence.

Causation

Causation directly links breach of duty to the accident, the resulting injuries, and other losses. Demonstrating causation requires a thorough investigation into the crash, which can be a challenging and time-consuming process.

Damages

Proving an injured party is entitled to compensation related to a collision is a matter of reviewing documentation and testimony. Damages may be owed for economic losses, such as medical bills or lost wages, and for non-economic losses, such as pain and suffering or loss of enjoyment of life. Documenting your losses with medical records, receipts from accident-related expenses, and other relevant evidence will strengthen your claim.

What Are Examples of Negligence in a Car Accident?

Negligence in a car accident can happen in numerous ways. Common examples include:

• Distracted driving – Drivers often compromise safety by using their cell phones, eating, or adjusting the radio while behind the wheel, taking their attention from the road.
• Speeding – When drivers go over the speed limit or faster than is safe for road or weather conditions, they risk losing control and causing accidents.
• Driving under the influence – Operating a vehicle while impaired by alcohol or drugs can significantly affect judgment and reaction times, leading to dangerous situations.
• Reckless driving – Aggressive behaviors such as tailgating, weaving in and out of traffic, or road rage endanger everyone on the road.
• Failure to yield – Not yielding the right of way at intersections, pedestrian crossings, or when merging often results in collisions with other vehicles or pedestrians.
• Ignoring traffic signals – Drivers may run red lights or stop signs, creating hazardous conditions and increasing the likelihood of accidents.

These examples highlight how various forms of negligence can lead to collisions and provide grounds for a car accident claim.

How Can a Police Report Help My Car Accident Claim?

A report from the law enforcement officer who responds to the collision is a key piece of evidence in a car accident claim. This report is an objective account of the crash based on the officer’s observations and information they receive at the scene. A police report can help:

• Corroborate your version of events
• Provide a third-party account of the accident
• Identify factors related to liability for the crash

Critical information found in a car accident police report includes:

• Accident details – The time, location, descriptions of involved parties and vehicles, and weather and road conditions can be vital to your claim.
• Statements from drivers and witnesses – Accounts from those involved and any bystanders can make it into police reports, providing critical insight into the collision.
• Officer’s observations – This involves the officer’s perspective of the accident scene, including visible damage, injuries, road conditions, and other factors.
• Citations issued – Any traffic violations and tickets given to drivers can show negligence.

Are There Any Exceptions to Alabama’s Contributory Negligence Rule?

Alabama’s strict contributory negligence rule means you cannot recover damages if you are even slightly at fault. However, there are exceptions where contributory negligence might not prevent recovery:

• Last clear chance doctrine – If the defendant had the final opportunity to avoid the accident but failed, the plaintiff may still recover damages despite their negligence.
• Intentional or reckless conduct – Contributory negligence may not apply if the defendant’s actions were deliberate or reckless.
• Plaintiff’s incapacity – Courts might reconsider contributory negligence if the victim was a minor or mentally incapacitated.

How Do Other States Determine Fault in Car Accidents?

Different states have varying rules for deciding fault in an auto accident. While Alabama follows a contributory negligence standard, other states may use comparative negligence systems:

• Pure comparative negligence – With comparative negligence, multiple parties can share fault. Each party’s percentage of fault determines the amount of damages they may be able to recover. Even if a party is 99 percent at fault, they can still recover 1 percent of the damages.
• Modified comparative negligence – This rule is similar to pure comparative negligence. However, a party cannot recover damages if they bear more than a certain percentage of the fault (usually 50 or 51 percent).
• No-fault – Some states, such as Florida, have no-fault insurance. In this system, each party’s insurance covers their damages regardless of fault, up to a specific limit.

What Is the Legal Process for Filing an Accident Claim in Alabama?

Here are the steps to take to file an Alabama car accident claim:

• Seek medical attention – Get immediate medical care to assess potential injuries and keep all documentation related to injury-related care.
• Report the accident – Notify the police, if they aren’t yet at the scene, and your insurance company. Avoid making statements about responsibility for the crash.
• Gather evidence – Collect photos of the collision and injuries, and get contact information from any eyewitnesses.
• Consult a lawyer – An Alabama car accident lawyer can manage the legal process, accurately calculate a fair value for your losses, and build your claim while you focus on healing from your injuries.
• File a claim – Your attorney will help file a claim with the at-fault driver’s insurance company. This claim will contain critical supporting information such as medical records and the police report.
• Settlement negotiations – Your attorney will negotiate with the insurance company, seeking maximum compensation for your injuries and losses.
• File a car accident lawsuit – If settlement negotiations do not result in a fair settlement, your attorney may file a lawsuit to pursue compensation through a verdict in court.

How To Determine Fault in an Alabama Car Accident?

Most Alabama car accidents are caused by some form of negligence, which might include:

Negligence

Negligence is the failure to behave as a reasonable person would in similar circumstances. Someone can be negligent if their actions contributed to your injuries or if they failed to take action and you suffered injuries as a result. For example, suppose that you are injured in an accident that happens in bad weather. A driver could be negligent if they do not slow down in response to these conditions and then hit you, even if they never break the posted speed limit.

Negligence Per Se

In most personal injury cases based on negligence, the plaintiff has the burden of proof. But cases involving negligence per se shift this burden to the defendant. In a negligence per se case, the plaintiff can argue that the defendant is automatically negligent because they broke a law specifically meant to prevent an accident. It is then up to the defendant to show they did not break the law and did not act negligently. For example, if a drunk driver hits you, you can make a case for negligence per se because the person who hit you broke state DUI laws.

Contributory Negligence

Not all accidents are the product of a single person’s negligence. Some are caused by the contributory negligence of several parties, each of whom contributed to the circumstances leading up to the crash. Alabama is a contributory negligence state, which means you could lose your right to compensation if you contributed to a crash in any way. For example, suppose a speeding driver hit you at night, and you did not have your headlights on. In that case, the court might determine that you contributed to your injuries and bar you from compensation. Contributory negligence states like Alabama often cause harsh consequences because an accident victim may be unable to recover any compensation if they are found even 1 percent responsible for the accident.

Because of this rule, insurance companies will try to shift the blame to accident victims in an attempt to get out of the responsibility of paying for the harm their insured drivers cause.

What Evidence Can Be Used to Prove Fault in an Auto Accident?

Your car accident attorney can use many types of evidence to prove someone else caused your injuries. Depending on the circumstances of your accident, this evidence might include the following:

• The accident report
• Photos from the crash scene
• Witness testimony
• Surveillance or traffic camera footage
• Expert witness testimony
• Your medical records

What Can I Recover Through a Car Accident Lawsuit?

You might be able to recover the direct expenses you incurred due to the accident. These economic damages include:

• Medical bills
• Lost wages
• Reduced future earnings
• The cost of transportation to doctor’s appointments
• The cost to replace or repair your car

You may also be able to recover non-economic damages for the harm you have suffered, including for:

• Physical pain and suffering
• Emotional distress
• Reduced quality of life
• Loss of emotional support if a family member died in the crash

What Is the Deadline for Filing a Car Accident Lawsuit in Alabama?

The Code of Alabama generally requires a car accident lawsuit to be filed within two years of the crash. If you miss this deadline without taking action, your case can be dismissed, and you can lose your right to compensation. Speak to an attorney immediately after a collision to avoid any issues with this statute of limitations.

How Can an Attorney Help?

A car accident lawyer can investigate the accident, review relevant records, and gather valuable evidence to build a case showing the other driver caused the crash.

Once the accident investigation is complete, your lawyer can help by filing your claim and handling settlement negotiations with the car insurance company. If the insurance company fails to agree to a reasonable settlement, you will want a lawyer’s help to prepare your case for trial. If you have any questions or concerns while your case is in progress, a car accident attorney can answer them.

The Alabama car accident attorneys at Gartlan Injury Law are ready to fight for maximum compensation for your claim. Call us today or visit our contact page for a free consultation.

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