How Contributory Negligence Works in Alabama

Alabama has strict rules concerning fault for accidents. Under the state’s contributory negligence rule, if you played any role in an accident that injured you, you will be barred from recovering compensation. It doesn’t matter how tiny your role was. If you bear any fault, you can get no money.

That aspect of Alabama personal injury law can complicate your legal case after an accident, but Gartlan Injury Law can help. Our Alabama personal injury lawyer is ready to gather evidence to show you did not contribute to the accident in any way, preserving your right to compensation.

Contact us now for more information on Alabama’s contributory negligence rule and how our Alabama personal injury attorney can help with your case. The consultation is free and confidential.

What Is Contributory Negligence?

Contributory negligence is a legal rule that only a handful of states use to determine compensation in cases where multiple parties share fault for an accident. Basically, the Alabama contributory negligence doctrine says that if your actions contributed to your accident and injuries in any way, you can’t recover any compensation. The idea is that if someone’s negligent actions partly contributed to the accident, they should not be able to force the other party to pay for their injuries.

While this doctrine makes some sense, it fails to account for situations where one party bears most of the fault for a crash, even if they don’t bear full responsibility for what happened. For example, a drunk driver who clearly broke the law and was the primary cause of a crash could avoid paying compensation to someone they injured if the other driver played a tiny role in the collision. It’s a harsh rule, which is one reason only a handful of states still use it.

What’s the Difference Between Contributory Negligence and Comparative Fault?

Instead of using the contributory negligence principle, most states apply the comparative fault rule to personal injury claims. While the specific rules vary among states, the basic idea is to award some compensation based on each party’s degree of fault for an accident. Typically, if the person who files a personal injury claim contributed to the accident, their compensation is reduced by their degree of fault.

For example, someone who bears 20 percent of the fault for an accident would lose 20 percent of any compensation they were awarded. Some states do not allow people to recover compensation if their degree of fault is above a certain percentage (usually 50 percent). Other states allow people to pursue compensation no matter their degree of fault for an accident.

Unfortunately, Alabama does not use the comparative fault (also called comparative negligence) rule. If the other party involved in an accident accuses you of contributory negligence, you need to contact our attorney right away to protect your right to compensation.

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

There are two primary exceptions to Alabama’s contributory negligence laws. The first is that plaintiffs (the legal term for people who file a personal injury claim) cannot be contributorily negligent if they are younger than 14. The rule helps protect the rights of younger people who may accidentally suffer injuries partially through their careless actions.

The second exception is that mentally challenged people or those who are incompetent are deemed to be incapable of being negligent.

While the age-related exception to the Alabama contributory negligence rule is specific and clear, proving that someone is mentally incompetent or challenged could be difficult in some cases. If you’re in this situation, it’s crucial to work with our experienced and knowledgeable attorney.

How Is Fault Determined for a Personal Injury Accident in Alabama?

Proving negligence in Alabama personal injury cases involves establishing several critical elements.

• Duty of care – The first element is the duty of care, which refers to the legal obligation people have to avoid actions or situations that could foreseeably harm others. For example, this duty includes drivers’ responsibility to follow traffic laws and property owners’ obligation to maintain safe premises.
• Breach – The second element, breach of duty, occurs when an individual fails to meet their duty of care. A breach could be an action, like speeding, or a failure to act, such as neglecting to clean up a hazardous spill.
• Causation – Causation is the third element, and it requires plaintiffs to establish a clear link between the breach of duty and the injuries they sustained. That means demonstrating the accident directly resulted from someone else’s failure to satisfy their duty of care, for example.
• Damages – Finally, the person who files a personal injury claim must prove they sustained damages. That involves quantifying the losses the injured party suffered due to the accident, such as medical expenses, loss of income, and pain and suffering.

What Evidence Can Prove Fault for a Personal Injury?

Proving fault in Alabama personal injury cases requires compelling evidence. While the type of evidence you need depends on the case, common examples of evidence in these cases include:

• Police accident reports
• Property records
• Medical records
• Eyewitness accounts
• Expert testimony
• Photos and video from the accident scene

How Can I Protect My Right to Compensation?

Taking the right steps after an accident can make a significant difference in protecting your right to compensation. Here’s what you should do:

• Seek medical attention immediately. Even if your injuries seem minor, getting a professional evaluation provides a clear record of your injuries and can link them to the accident.
• Document everything. If possible, take photos of the accident scene, your injuries, and any damage. Keep a detailed record of what happened, including the date and time, and make a note of any witness statements.
• Report the accident. If it’s a vehicle accident, report it to the police. For accidents on someone else’s property, report it to the property owner or manager. Make sure to get a copy of any reports made.
• Keep track of expenses and losses. Save all receipts related to your medical treatment, repairs, and any other expenses from the accident. Also, note any lost wages if you’re unable to work.
• Avoid discussing the accident on social media. Insurance companies can use what you post against you. It’s best to stay off social media platforms while your claim is pending.
• Contact a knowledgeable attorney at Gartlan Injury Law. An attorney familiar with Alabama’s laws can guide you through the legal process, help establish fault, and fight for a fair settlement.

If I Am Not Responsible for Negligence, What Should I Do?

If you are confident that you were not at fault for your auto accident, then you will generally have fewer concerns about your case as you move forward. Still, you will need help from an experienced car accident lawyer to gather and analyze all of the evidence necessary to prove that another party was completely at fault for your injuries.

Attorney Aaron Gartlan will know how to conduct an independent investigation of your accident. He can preserve and collect evidence and take every step necessary to hold the negligent party in your case fully accountable for the harm which you have suffered.

If I Am Responsible for Contributory Negligence, What Should I Do?

Fortunately, Alabama law recognizes the harsh effects of contributory negligence. Even if you were somewhat at fault for a car accident that left you with injuries, you may still be able to recover damages. This can happen in two different scenarios:

• Sudden emergency doctrine – You may be able to show that a reasonably prudent person, when faced with the same or a similar sudden emergency, would have acted just as you did. For example, you may have pulled into the lane of a speeding driver because the driver ahead of you suddenly came to a stop, and you were trying to avoid a rear-end collision.
• Last clear chance doctrine – You can also present evidence that the other driver had the last opportunity to avoid the accident. This can be a highly difficult – but not impossible – thing to prove. You basically need to show that the other driver knew of your situation, realized or had reason to realize that you were inattentive and unlikely to discover that you were in peril and, in turn, negligently failed to avoid harm to you.

Contact an Alabama Personal Injury Lawyer Today

Working with our experienced attorney is crucial while seeking compensation after an accident, particularly in Alabama, because of the state’s harsh contributory negligence rules. Gartlan Injury Law understands the challenges in these cases and is ready to help protect your rights.

Contact us today for a free consultation.

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