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Being involved in a motor vehicle accident can be a terrifying and stressful experience. You may not know what your legal rights are or where you can turn for assistance. That is why we have prepared this list of Alabama car accident laws and resources. 

Alabama Car Accident Statistics

According to the Alabama Department of Transportation, there were 907 fatal traffic accidents in Alabama in 2022. 37,935 people were injured in car crashes in Alabama in 2022. In all, 144,263 auto crashes occurred for the year. 

Based on these statistics, Alabama drivers have a greater than a two-in-five chance of being involved in a car crash that results in injury or death at some point during their lifetime. A person is injured in a car accident every 13 minutes and 51 seconds. A person is killed in a traffic crash every 8 hours and 53 minutes.

Alabama Minimum Auto Insurance Requirements 

All motorists in Alabama are required to maintain liability insurance to help cover the damages they cause someone else due to their negligence. The minimum amounts of liability insurance in Alabama are:

  • $25,000 for bodily injury for one person
  • $50,000 for bodily injury for more than one person
  • $25,000 for property damage per accident

This is only the minimum amount required by law. Many people purchase additional insurance to protect their personal assets and interests in case of a crash. Failure to maintain the minimum amount of liability coverage can result in a fine of $500 for the first conviction or $1,000 and driver’s license suspension for subsequent convictions. The vehicle’s registration can also be suspended, subjecting the owner to a reinstatement fee.

Other Insurance Options

Insurance customers can purchase additional insurance to protect their interests, including:

  • Collision coverage: Collision coverage pays for your vehicle repairs due to collisions with another vehicle or object, regardless of fault, subject to your deductible. 
  • Comprehensive coverage: Comprehensive coverage pays for vehicle repairs due to issues not related to collisions, such as theft, fire, vandalism, animals, or falling objects.
  • Uninsured/underinsured motorist coverage: Uninsured/underinsured motorist coverage pays for your damages if the at-fault driver was uninsured or did not have enough coverage. 
  • Medical payments coverage: Medical payments coverage is an optional form of insurance that pays for your medical expenses following a car accident, regardless of fault, subject to your coverage limits.
  • Family compensation: This coverage pays for necessary medical expenses or death benefits for the insured or their relatives in case of an accident, regardless of fault. 
  • Rental car coverage: If you have rental car coverage, the insurance company will cover the cost of a car rental while your vehicle is being repaired.
  • Gap coverage: Gap insurance helps pay off your car loan or lease if there is a difference between the amount the insurance company pays for the totaled vehicle and the amount still owed on the lease or loan.
  • Roadside assistance: Roadside assistance provides battery jump start, flat tire repair, or towing service if a vehicle has mechanical issues.

Each type of coverage comes with additional costs, so it’s important that consumers carefully consider which forms of coverage they need and which they can forego. 

At Fault State 

One of Alabama’s most important car accident laws is that it is an at-fault state. Some states are no-fault states, so those involved in an accident turn to their own insurance company for coverage, ignoring fault. However, in Alabama, the party responsible for the accident is also responsible for paying for the damages they cause through their negligence. 

Negligence involves the following four legal elements:

  • Duty of care: All Alabama drivers are required to exercise reasonable care to avoid harming other road users and to avoid causing accidents. 
  • Breach of duty: The breach of duty is what the driver did that violated their legal responsibility to exercise reasonable care. Examples include running a red light, speeding, or engaging in distracted driving. 
  • Causation: The breach of duty is what actually and legally caused the accident. The accident would not have occurred but for the breach of duty, such as running the red light. 
  • Damages: The victim suffered damages as a result of the accident, such as medical expenses, lost wages, or pain and suffering. 

As a personal injury claimant, you are responsible for proving these elements, but a car accident lawyer can help.

Common Causes of Car Accidents

Knowing some of the most common causes of car accidents can be helpful to see what you may need to be on the lookout for. According to the Alabama Department of Transportation, failing to yield the right-of-way is the number one cause of non-fatal crashes. Speeding is the leading reason for fatal crashes. Other factors that contribute to car crashes in Alabama include:

  • Distracted driving
  • Driving under the influence of drugs or alcohol 
  • Running red lights or stop signs
  • Following too closely
  • Making unsafe lane changes or merges
  • Not adjusting speed or driving for bad weather or road conditions
  • Mechanical failures
  • Vehicle defects

Title 32 of the Alabama Code outlines various laws that drivers must follow. Violating any of these laws could potentially cause a car accident. 

How Is Fault Determined in an Accident in Alabama?

Various parties may be involved in proving fault for an auto accident. Police officers may conduct a cursory investigation to determine if someone broke the law or violated the traffic code. Insurance companies may investigate the accident to determine fault. Your car accident lawyer can conduct an independent investigation to establish fault. If the case goes to trial, the judge or jury evaluates the evidence and determines who is at fault.

Various pieces of evidence can help determine fault, including:

  • Accident reports: A law enforcement officer may respond to the accident scene and prepare a preliminary report. The report may include details about the accident, including the exact date, time, and location. It may include a diagram of the accident scene and a preliminary assessment of fault.
  • Witness statements: People may have observed the accident and can provide a neutral and objective assessment. 
  • Photographs: Pictures of the accident scene, debris on the roadway, skid marks, and the location and intensity of damage to all involved vehicles may help in determining fault.
  • Videos: Videos of the accident or the immediate moments after it may be available from nearby traffic cameras, CCTV, or dash cams. 
  • Phone records: Because distracted driving is a leading cause of many traffic collisions, cell phone records may help reveal if the other driver was talking, texting, or using cell phone data when the accident occurred. 
  • Digital evidence: Most modern vehicles have crash data recorders installed. These devices can record critical information, including the vehicle’s speed, braking, and steering patterns at the time of the accident. 
  • Accident reconstruction reports: Some accidents may require accident reconstruction experts who can use scientific data to visually recreate the accident.

An experienced car accident lawyer can help gather evidence to support your personal injury claim. 

Accident Reporting Requirements 

Alabama Vehicle Code § 32-10-5 requires drivers to immediately report any traffic accident that results in injury or death. If the crash resulted in injury, death, or more than $250 in property damage, the car accident victims must file a written accident report, SR-13 report, within 30 days of the accident. 

Other Legal Responsibilities After an Auto Crash 

Alabama law also requires those involved in a car crash to do the following:

  • Stop their vehicle at the accident scene or as close to it as possible
  • Give their name, address, and vehicle registration number to the other drivers involved in the accident
  • Render reasonable aid to any person injured in the accident

Obtaining an Accident Report in Alabama

Accident victims can obtain their accident reports online from the Alabama Law Enforcement Agency by providing the requested information and the necessary fee.

Pure Contributory Negligence Doctrine 

Another one of the most important car accident laws in Alabama is the pure contributory negligence rule. Under this rule, accident victims who contributed even 1% to the accident cannot recover any financial compensation for the accident. For this reason, it’s essential not to admit fault for the accident, as your words could be used to deny your car accident claim.

Damages Recoverable in a Car Accident Claim in Alabama 

Accident victims may be able to recover economic and non-economic damages. Economic damages provide compensation for the monetary losses associated with the accident, such as:

  • Medical expenses
  • Lost wages
  • Reduced earning capacity
  • Property damage

They may also be able to recover compensation for their non-economic damages, which provide compensation for intangible losses, such as pain and suffering, mental anguish, and emotional distress. 

Statute of Limitations 

While many car accident cases can be resolved through an insurance claim, if a lawsuit is necessary, it must be filed within two years of the accident date. If it is not, any subsequent lawsuit can be dismissed as untimely. 

Checklist for What to Do After an Alabama Car Accident

Keep this checklist close in case you are ever involved in an accident. 

  1. Stop your vehicle. Pull your vehicle over to a safe location near the site of the accident out of the way of traffic. Activate your hazard lights. 
  2. Report the accident. Call 911 to report the accident to law enforcement. Request an ambulance if anyone was injured in the accident. A law enforcement officer may respond to the scene to prepare an official accident report. 
  3. Exchange information. Ask for the other driver’s name, contact information, insurance information, driver’s license number, license plate number, and a description of their vehicle. 
  4. Document the scene. Take pictures of the accident scene, the position and length of skid marks, damage to all vehicles involved, the position of the vehicles, and your injuries.
  5. Take notes. Write notes with significant details about the accident, including where the accident happened and what you noticed immediately before the accident. 
  6. Ask for witness information. Ask witnesses to write down their names, addresses, and phone numbers.
  7. Be careful what you say. Avoid admitting fault for the accident or saying anything that could damage your claim. Avoid posting anything about the accident on social media.
  8. Seek medical attention. The insurance company can use any delay in your medical treatment against you, so seek prompt medical attention after an accident. Follow up with the medical care you received immediately after the accident. Keep all your medical bills and medical records to support your claim. 
  9. Do not agree to give a recorded statement. You might begin the process by contacting the insurance company to report the accident. However, you should not agree to give a recorded statement. Only provide the minimum amount of information necessary to begin the claim process. Insurance adjusters are trained to obtain recorded statements against claimants by twisting anything they say against them. 
  10. Call a car accident attorney. Call an experienced car accident lawyer as soon as possible. They can guide you through the legal process.

Car Accident Resources

Here is a list of resources that can provide useful information and support for victims of car accidents:

If you need any further assistance following a car accident, contact Siniard Law, LLC. 

Resources

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