Car accidents in Montgomery can leave you with serious injuries and mounting medical bills.
When you seek compensation for your losses, one major legal hurdle you may face is the Alabama contributory negligence statute.
The legal principle of contributory negligence in Alabama is critical for anyone pursuing a car accident claim. It essentially means that if you are found to be partially at fault for the crash, even in a small way, you may be entirely barred from collecting any compensation from the other driver. This strict rule places a significant burden on injured parties to prove they bear no blame for the incident.
Because of this strict law, the defense lawyers and insurance companies representing the at-fault driver will almost always attempt to introduce evidence suggesting you were careless or negligent. Their goal is to use the contributory negligence Alabama statute as a complete defense, wiping out your claim for damages like medical expenses, lost wages, and pain and suffering.
Our experienced Montgomery car accident lawyers can help you build a case.
Understanding Alabama’s Contributory Negligence Law
Contributory negligence in Alabama is a rule that can entirely prevent an injured party from collecting damages if they are found to be even slightly at fault for their own injury. This is a very strict rule compared to the “comparative negligence” standard used in most other states.
Under Alabama law, if a defendant can show that your own negligence contributed in any way to the accident, no matter how small your fault may be, you are barred from receiving compensation from the defendant.
Alabama courts have defined contributory negligence as a failure to act as an ordinary, prudent person would act, with knowledge and appreciation of the dangerous conditions confronting them, leading the person to put themselves in the way of danger.
How Shared Fault Can Bar You From Recovering Compensation
The impact of the Alabama contributory negligence statute is simple but severe: If you are found to be 1% at fault for the car accident, you get $0 in compensation.
Imagine your car accident claim against a driver who ran a red light. If the driver’s attorney can successfully argue that you were driving just 5 miles per hour over the speed limit, and this minor speeding technically contributed to the crash, you could lose your entire claim.
The defense in a Montgomery car accident case will almost always look for evidence of the victim’s own fault. They may try to show you were distracted, speeding, or otherwise careless to use the defense of contributory negligence in Alabama.
Examples of How Contributory Negligence Applies in Car Accident Cases
To understand how contributory negligence in Alabama works in practice, consider these common examples in car accident claims:
1. Failure to Use a Turn Signal
A driver makes an illegal left turn in front of you, causing a collision. Their defense argues that you failed to use a turn signal to indicate a lane change 10 seconds before the crash. If a jury agrees your failure to signal contributed to the accident, you recover nothing.
2. Minor Speeding
The other driver was driving recklessly and caused a collision. However, evidence shows you were driving slightly above the posted speed limit. The defense could use your minor speeding as a reason to invoke the contributory negligence Alabama statute and prevent your recovery.
3. Driving a Vehicle with a Faulty Headlight
You are T-boned by a distracted driver. The defense discovers that one of your headlights was burned out and argues that this minor detail contributed to the accident because you were less visible.
Exceptions and Legal Strategies to Overcome Contributory Negligence
While the Alabama contributory negligence statute is a powerful defense tool, experienced attorneys have legal strategies to overcome it or argue for an exception.
The Last Clear Chance Doctrine
This is the most common exception used against a contributory negligence defense. The “last clear chance” doctrine allows an injured party to recover even if they were negligent, provided the other driver had the last clear chance to avoid the accident and failed to do so.
Willful or Wanton Conduct
Another strategy involves proving that the at-fault driver’s conduct was not simply negligent, but willful or wanton (they acted with reckless disregard for the safety of others).
The Supreme Court of Alabama has held that contributory negligence is not a valid defense when the defendant’s conduct rises to the level of willfulness or wantonness. If we can prove the other driver was grossly intoxicated or intentionally reckless, your own fault may not bar your claim.
Why You Need an Experienced Montgomery Car Accident Attorney
An experienced Montgomery car accident attorney is essential for several reasons, particularly due to the strict application of the contributory negligence Alabama statute.
1. Challenging the Contributory Negligence Defense
The at-fault driver’s insurance company will almost certainly try to use the Alabama contributory negligence rule to deny your claim entirely. An attorney knows how to preemptively gather evidence to show the other driver was 100% at fault.
2. Proving the Other Driver’s Negligence
To recover damages, you must prove the other driver’s fault. This often involves reviewing accident reports, gathering witness statements, and using accident reconstruction specialists. An attorney manages this meticulous evidence collection and presentation to build a robust case.
3. Accurate Valuation of Your Claim
Many people underestimate the true value of their claim, which includes not just medical bills and lost wages, but also pain and suffering, and future medical needs. An attorney ensures all current and future losses are accounted for, preventing you from accepting a lowball settlement.
4. Handling Negotiations and Litigation
Insurance companies are not on your side. An attorney navigates the complex negotiation process, protecting you from common insurance tactics. If a fair settlement cannot be reached, they are prepared to file a lawsuit and represent you in court.
5. Adherence to Deadlines
Every car accident case is subject to Alabama’s two-year statute of limitations. An attorney ensures all required paperwork is completed accurately and submitted on time, protecting your legal right to pursue compensation.
Do not assume you are completely at fault or that your small part in the accident will automatically cost you your case. Only an experienced legal team can evaluate the facts and build a strong argument for your right to compensation.
Contact Our Montgomery Car Accident Attorney
If you were injured in a car accident in the Montgomery area, the time to act is now. The team at Hunter | Everage is prepared to review your case and explain how the Alabama contributory negligence statute affects your ability to recover damages.
Contact us at 704-377-9157 for a free consultation.