If you’ve been injured in an accident in Alabama, you can be entitled to financial compensation in a personal injury lawsuit. Most personal injury claims are based on negligence–you must prove the other person was negligent and that caused your injuries. What if you shared liability for the accident? Alabama follows a contributory negligence law, which means if you share any of the blame for the accident, you cannot succeed in a personal injury claim.
Since Alabama follows such a strict standard, it is important to obtain skilled legal advice soon after an accident. Insurance companies and defense attorneys will use anything to show that an injured victim played some role in the accident, thereby avoiding financial liability. To pursue recovery and avoid blame after an accident, it is critical to consult with Birmingham personal injury attorneys to build a case strategy since Alabama is one of 5 states in the nation that follows a contributory negligence standard when reviewing fault after an accident
What is Contributory Negligence?
Contributory negligence is a sometimes harsh rule because even if one party is overwhelmingly responsible for the accident, the accident victim can be barred from recovering if they are even 1% at fault.
Most other states follow a modified comparative negligence rule, which means that a victim can recover as long as they are less liable than the other party. Under a pure comparative negligence standard, even someone who was primarily at fault can seek recovery in a personal injury claim.
Contributory negligence includes two parts:
- Negligence: Both sides had to have some degree of negligence.
- Causation: Negligence by both parties must have contributed to the accident in some way.
Negligence is made up of four basic elements in an Alabama injury case:
- Duty: Duty of care by one person to another. Duty depends on the circumstances involved in the accident.
- Breach: Breach of duty by one party that owed some type of duty to others.
- Causation: Causation between the wrongdoer’s breach of duty and the other person’s injuries.
- Damages: Damages might include medical bills, lost pay, pain and suffering, and other losses.
In Alabama, the contributory negligence rule sets a high bar for accident victims to recover damages, as even a minor degree of fault can completely bar compensation. This standard highlights the importance of proving clear liability and minimizing any contributory negligence to secure a favorable outcome in personal injury claims.
How Does Contributory Negligence Work in an Alabama Personal Injury Claim?
When evaluating contributory negligence, a factfinder will look to see who did what and whether either or both sides were negligent. An example of contributory negligence could be when a property owner fails to correct a hazard that exists on their property. If a guest on the property slips and falls on the property but is acting negligently in some way, contributing to the fall, that will impact their ability to collect damages.
In most other states, the victim’s percentage of fault would simply be accounted for in the final payout. In Alabama, however, the victim’s percentage of fault cuts off their ability to collect completely. They would take nothing even if they were 1% at fault–regardless of the extent of their injuries.
In an auto accident case, as another example, if a driver was hit at an intersection but was on their phone or not paying attention, they could be considered negligent. Even if their negligence played only a slight role in the outcome, their legal rights can be dramatically changed. As you can see, a personal injury claim in Alabama will require you to prove two things at once: that the other party was negligent and that you were not negligent at all.
How Can a Lawyer Help in a Contributory Negligence Case?
In any personal injury case, building a case strategy and proving negligence is a challenging task. When contributory negligence can possibly negate an entire claim, the challenge becomes greater. This is why accident victims must obtain skilled legal advice as soon as possible. Insurance companies and others will seize on any detail or admission that will help them avoid financial costs–and the fair payment you deserve after an accident.
Contact an experienced Alabama personal injury lawyer today to learn how contributory negligence works and how to pursue the financial recovery you deserve after a serious accident.
