Car accidents can happen to anyone, and even the most careful drivers may be involved in one. In Alabama, if you are ruled to be partially at fault for a crash, the state’s strict contributory negligence laws can impact your ability to recover damages.
Understanding your options and how to establish liability is crucial to obtaining fair compensation if you’re partially at fault in a car accident. Familiarize yourself with Alabama’s fault laws and see how partnering with a Huntsville car accident lawyer from Tyler Mann Injury Law can make a difference in securing the settlement you deserve after a crash.
What Is Contributory Negligence?
Contributory negligence is a legal concept that can prevent a plaintiff from receiving compensation if they are found to have contributed to their injury. Alabama is one of only four states, along with Maryland, North Carolina, and Virginia (as well as the District of Columbia), still enforcing this strict rule.
Under Alabama law, if a plaintiff is determined to be even 1% at fault for an accident, they could be barred from recovering any damages. This approach differs from the comparative negligence system used in most other states, where plaintiffs can still recover damages, but their percentage of fault reduces the amount.
How Alabama’s Laws Can Impact Your Compensation
In Alabama, being partially at fault for a collision can prevent you from receiving compensation for your injuries. Each case is unique, and outcomes depend on the specific facts and how the law is applied. To better understand how Alabama’s contributory negligence law operates, consider the following scenarios:
- Scenario A: You’re driving over the speed limit when another driver runs a red light and collides with your car. Even though the other driver is primarily at fault, your speeding could be viewed as a contributing factor, potentially disqualifying you from receiving any compensation.
- Scenario B: You’re rear-ended while stopped at a stop sign, but one of your brake lights is out. Even though rear-end collisions are usually the fault of the driver behind you, the non-functioning brake light could be seen as contributory negligence, potentially affecting your ability to receive compensation.
- Scenario C: You’re involved in a multi-car pileup on I-65 near Huntsville. Even if another driver caused the initial collision, if you were following too closely to the car ahead, it could be viewed as contributory negligence, potentially disqualifying you from receiving a settlement for damages.
Getting Fair Compensation: How an Attorney Can Help
Given the strict nature of Alabama’s contributory negligence law, having an experienced attorney to advocate for your rights is critical to the success of your case. Here’s how our skilled Huntsville car accident lawyers can support you:
- Thorough Investigation: Our attorneys conduct thorough investigations, gathering evidence like traffic camera footage and witness statements to build a solid case that eliminates your perceived fault.
- Expert Collaboration: We work closely with accident reconstruction experts to get professional insights into the cause of the accident and the assignment of fault. Their expertise can uncover evidence that absolves you from blame, bolsters your case, and helps you secure a fair recovery.
- Negotiating with Insurance Companies: Insurance companies often use contributory negligence to deny or reduce payouts, interpreting laws to their advantage. That’s why having solid legal representation is essential. Our attorneys will fight to ensure you receive a fair settlement.
- Challenging Fault Determination: Our lawyers are skilled at challenging contributory negligence claims. We present solid evidence to prove the other party was entirely at fault or that your actions did not contribute to the accident.
- Litigation Representation: If a fair settlement isn’t possible, our attorneys will take your case to court, presenting a strong, well-supported argument to a judge or jury. Our trial expertise increases your chances of securing the compensation you deserve.
- Exploring All Options: We also explore alternative avenues for compensation if they apply based on the facts of the case. For instance, we can assist you in filing an uninsured motorist coverage with your insurer or pursuing a product liability claim if a defective device caused the crash.
Don’t Let Contributory Negligence Deny You Compensation
If you think you might be or already have been ruled partially at fault for a crash, contact the experienced Huntsville car accident attorneys at Tyler Mann Injury Law to learn your options. Our deep knowledge of Alabama’s negligence laws allows us to reduce or eliminate your fault and maximize your settlement.
Don’t leave your future to chance—contact us for a free case review. We’ll carefully assess your situation, outline your best options, and fight relentlessly to secure the outcome you deserve.