Car accidents can be confusing when it comes to identifying who is at fault. Many times, more than one party does something wrong, contributing to the crash, but the situation becomes more complicated when you were partly responsible for causing the accident that resulted in your injuries. You may be unsure whether you have the right to sue another driver if your own actions played a role in causing the crash or making your injuries more severe. If this is your situation, meeting with a knowledgeable local attorney is critical. Our skilled car accident attorneys could explain contributory negligence in Huntsville car accident claims, as well as help you assert your legal rights and understand your options.
What Are Some Examples of Contributory Negligence in a Car Crash?
Sometimes, people who suffer serious injuries in car crashes want to file a lawsuit even though their own actions somehow contributed to the crash. For instance, you might seek to recover damages in a legal claim even though you were doing the following when your car crash happened:
- Running a red light
- Not yielding as required when turning or merging
- Driving aggressively, such as speeding or tailgating
- Not wearing a seatbelt—while this did not cause your accident, a defendant could argue that it contributed to the severity of your injuries
- Driving while distracted by texting, changing the radio station, eating a sandwich, or even speaking to a passenger in the backseat, causing you to lose focus on your driving duties
In many states, the fact that you did something wrong does not automatically bar you from seeking financial relief in a lawsuit against someone else. However, Alabama courts do not follow this more lenient approach. Instead, they follow a strict pure contributory negligence standard, which means that you would not be eligible to collect damages if your actions played a role in your Huntsville car accident case, even if you were only one percent at fault. Our experienced local attorneys could explain the law and how it may affect your legal claim.
How Can You Reduce the Effect Contributory Negligence Has on Your Accident?
Because you could be barred from recovering any damages if a court finds your actions contributed to the accident, it is critical that you work with a seasoned local attorney who knows how to help.
Prove the Other Party’s Negligence
Our dedicated legal team could help you gather evidence proving that the other party or parties were 100 percent at fault for the accident. We could perform an in-depth investigation to discover what happened. By speaking with witnesses, reviewing the police report, visiting the crash site, and documenting all relevant details, we could help you develop a strong case for liability.
Exceptions
If the defendant acted wantonly or willfully, such as if they were driving drunk, you might still be able to recover even if your actions contributed. In addition, if the injured party was under age 14, courts consider them to not be capable of contributory negligence.
Our qualified Huntsville attorneys could review the evidence and advocate strongly on your behalf against contributory negligence in your car crash case.
Speak With a Huntsville Lawyer About Contributory Negligence in a Car Wreck Case
You might find it hard to get the compensation you need after a car wreck if the at-fault driver or their insurance company argues that your actions played a role in causing the crash. Contributory negligence in Huntsville car accident claims can bar recovery of any damages.
Contact us today to speak with a lawyer who understands the law and knows how to fight back.
