Contributory Negligence: How is Shared Fault Determined in a Car Accident in Alabama?

In many car accidents, more than one driver is at fault. When the victim’s own negligence contributes to an accident, their ability to recover – and how much – depends on whether the accident occurs in a state with contributory negligence or comparative fault. Here is a breakdown of Alabama’s legal system and how it deals with accidents involving shared fault.

Understanding Shared Fault in Alabama 

In most states, if you get in an accident where you are found partially at fault, you can still seek compensation for the damages you sustained if your negligence does not exceed a certain threshold, such as 50% or 51%. However, Alabama uses a contributory negligence system. Under contributory negligence laws, if an accident victim is even 1% at fault, they are barred from recovering any compensation for their injuries. 

Differences in Contributory Negligence and Comparative Fault

Let’s look at an example where contributory negligence or comparative fault may apply. Let’s say you were speeding five mph above the speed limit at the time that a distracted driver ran into you. The other driver is found to be 90% at fault, while you are found to be 10% at fault. 

In a comparative negligence state, you would still be able to recover compensation for your injuries, but your damage award would be reduced by your percentage of fault. So, if you suffered $100,000 in damages, your award would be $90,000 since $10,000 was attributed to you.

However, if you file a claim in Alabama, it could be denied, and you could be awarded nothing for the accident, even though the other driver was mostly at fault for the accident. 

Legal Implications of Shared Fault

Alabama’s strict rule of contributory negligence makes it difficult for accident victims to recover fair compensation. Because insurance companies are familiar with this rule, they will try to point to any slight error to avoid paying insurance claims, including claiming that you were looking away or driving slightly above the speed limit at the time of the accident. 

To recover compensation, you will need to be able to prove the other driver was completely at fault. Evidence that may help establish this could include:

• Accident reports citing the other driver for a traffic violation
• Videos of the accident scene from dashcam footage, nearby surveillance cameras, or traffic cameras
• Skid marks and other physical evidence
• Photos of the accident scene
• Property damage reports
• Witness statements
• Reports from accident reconstruction experts

An experienced car accident attorney can identify and preserve the evidence that can help prove your claim. 

Financial Considerations

Because Alabama uses the harsh rule of contributory negligence, you can expect the insurance company will try to blame you for the accident and deny your claim. It’s essential to have an experienced personal injury lawyer on your side who can help prove your right to compensation. 

You may also need to initially handle some of the out-of-pocket costs associated with your personal injury claim until it is resolved. For example, you may need to turn to your collision insurance to cover property damage repair costs or health insurance to cover medical bills associated with the accident. 

What If Two Other Drivers Are at Fault for the Accident?

Just as Alabama is in a minority of the states that use a contributory negligence system, the way it deals with multi-car accidents is also unique. Many states allow courts to decide fault based on percentages, such as one driver is 30% at fault, and another is 70% at fault. 

However, in Alabama, an injured car accident victim can hold each at-fault party entirely responsible for the total damages, regardless of their degree of fault. This means that the driver who was only 30% responsible for the accident in the above example can be held 100% liable for the accident. This provides greater flexibility to accident victims in pursuing compensation. 

What to Do in a Possible Shared Fault Situation

Knowing what steps to take after a car accident can potentially make a difference in whether you recover compensation or not. Here are some steps to keep in mind:

Check for Injuries

The first thing you should always do after a car accident is to check for injuries to yourself and others.

Remain at the Scene

Pull over to a safe location near the accident scene out of the way of traffic. Activate your hazard lights. Use traffic cones or flares if you have them.

Report the Accident 

Call 911 to report the accident. A law enforcement officer may respond and complete an accident report. Ask how to obtain a copy of the report. When law enforcement asks you questions, answer truthfully, but do not accept fault for the accident. You don’t know all the factors that could be involved in the case.

Exchange Information

Ask the other driver for their:

• Name
• Contact information
• Driver’s license number
• Insurance information 
• Vehicle information 

Ask any witnesses at the scene for their names and contact information. 

Document Everything 

Use your cell phone to take pictures or videos of the following:

• The accident scene
• Skid marks or debris in the roadway
• Damage to all vehicles involved in the accident
• Road conditions
• Weather conditions
• Your injuries
• Nearby street signs, intersections, and traffic signals

As soon as possible, write down everything you remember about the accident, including the date, time, and location, anything the other driver said, and what you noticed immediately at the time of the accident. 

Be Careful What You Say

Do not admit fault at the scene of the accident. Also, avoid discussing the accident on social media or with anyone other than your car accident lawyer. 

Seek Medical Attention Immediately

If you were not taken to the emergency room immediately after the accident, seek prompt medical attention. Follow your doctor’s orders, and keep all your medical records.

Keep Track of Your Damages

You may be owed considerable compensation for your injuries and losses. Keep all evidence of your medical treatment, repairs, and other expenses you’ve incurred because of the accident, such as:

• Property damage estimates
• Receipts for rental cars or rideshare services
• Invoices for replacement household services
• Letters or check stubs from your employer showing your lost wages
• Medical bills

Contact an Experienced Attorney

Reach out to an experienced car accident lawyer who is knowledgeable about Alabama’s contributory negligence laws and can protect you from being unfairly blamed for any portion of the accident. 

Reporting and Next Steps 

If you were involved in a car accident, you may need to make a claim with the other driver’s liability insurance provider. However, they are your adversary, so you must be careful with how you interact with them. Here are some tips to guide your interactions:

• Don’t admit fault, and avoid making any premature statements regarding fault.
• Say “I don’t know” if that is true.
• Avoid guessing. 
• Stick to the facts.

Many insurance contracts also require you to report any accidents to them, even if you were not at fault for the accident, so you may need to notify your own insurance company of the crash. 

Because you can be barred from recovering any compensation if you are found even one percent responsible for the accident, you may want to consider hiring a personal injury lawyer who can handle communications with the insurance company.

How an Experienced Personal Injury Attorney Can Help 

Alabama’s contributory negligence standard applies additional pressure on an injured person to prove the other driver was at fault for the accident. An experienced car accident lawyer can help with these claims by:

• Providing legal guidance on how to advance your claim without accepting any percentage of fault
• Reviewing police reports and accident reconstruction reports
• Handling accident investigations to determine what traffic laws were violated
• Collecting and preserving evidence of fault and damages
• Guiding you through the legal process
• Handling settlement negotiations with an insurance adjuster to fight for fair financial compensation
• Advising you whether you should accept a settlement or proceed with an accident lawsuit

Learn more about how our experienced team can help when you call for a free case review.

Call Our Legal Team for a Free Consultation 

If you were injured in an auto accident that was someone else’s fault, Siniard Law, LLC can help. We can investigate your case, determine if you have the right to file an accident claim, and offer legal advice based on your particular situation. You may be able to secure financial recovery to pay for medical expenses, vehicle damages, lost wages, and other losses. Contact us today for a free, no-obligation consultation.