Alabama’s Contributory Negligence Law: How it Can Hurt Your Car Accident Claim

If you’ve been involved in an auto accident in Alabama, it’s crucial to understand the state’s unique legal landscape. Alabama is one of the few remaining states that adhere to the doctrine of pure contributory negligence. This means that if you are found even slightly at fault for the accident, you may be barred from recovering any compensation for your injuries and losses. This legal principle can have a significant impact on your ability to secure the financial recovery you need to move forward after a serious car crash. 

How Contributory Negligence Works in Alabama 

In Alabama, contributory negligence is a legal defense that can be used to shield the at-fault party from liability for a personal injury. Under this “all-or-nothing” rule, if the plaintiff (the person bringing the lawsuit) is found to have “contributed” to the accident in any way, they can be prohibited from recovering damages from the defendant (the person being sued), even if the defendant was primarily responsible for the crash. 

For example, let’s say you were hit by a reckless driver who was speeding excessively and ran a red light. However, at the time of the collision, you were slightly exceeding the speed limit yourself. Under Alabama’s contributory negligence law, you could be found partially at fault for the accident, even though the other driver’s actions were far more egregious. As a result, you may be unable to recover any compensation for your medical bills, lost wages, pain and suffering, and other damages. 

This is in stark contrast to the comparative negligence system used in most other states, where fault is apportioned between the parties and the plaintiff’s recovery is reduced by their percentage of fault. In a pure comparative negligence state, if you were found to be partially at fault for the accident, your compensation would be reduced in proportion to the percentage of fault you share.

Common Defenses Using Contributory Negligence 

Insurance companies in Alabama are well aware of the contributory negligence rule and often use it to their advantage. They will look for any evidence that suggests you may have contributed to the accident, even in the slightest way, in order to reduce or completely deny your claim. 

Some common scenarios where an insurance company might argue contributory negligence include: 

• Speeding: As we talked about in the previous example, if you were exceeding the posted speed limit at the time of the crash, even by a few miles per hour, the insurance company may claim that you are partially at fault for the accident. 
• Minor traffic violations: Rolling through a stop sign, failing to use a turn signal, or committing any other minor traffic infraction could be used against you in a contributory negligence defense. 
• Distracted driving: If there is any evidence that you were distracted at the time of the accident, such as picking up your phone or adjusting the radio, the insurance company may argue that you were partially responsible, even if the other driver was far more distracted and/or committing other negligent acts. 

How Contributory Negligence Can Impact Your Car Accident Claim 

Alabama’s contributory negligence law can make it challenging to secure fair compensation after a car crash. Unlike in comparative negligence states, where the burden of proof is on the defendant to show that the plaintiff was at fault, in Alabama, the burden shifts to the plaintiff to prove that they were completely free of fault. 

This means that even if the other driver was at least 90% responsible for the accident, if you cannot prove that you were 100% free of fault, you may not be able to recover any damages. As a result, insurance companies are often more reluctant to offer fair settlements in Alabama, knowing that they have an inherent advantage if the case goes to trial. 

Furthermore, even if you believe you were not at fault for the accident, the insurance company may still try to shift at least some of the blame onto you in order to reduce their liability and strengthen their negotiating position. 

Overcoming Contributory Negligence Claims 

While Alabama’s contributory negligence law presents a significant hurdle in car accident cases, there are strategies that can be employed to overcome these claims. The key is to work with an attorney who has extensive experience navigating Alabama’s unique legal landscape and who knows how to build a strong case on your behalf. 

Some potential strategies for effectively countering a contributory negligence defense include: 

• Thorough investigation: Your attorney will conduct a comprehensive investigation into the accident, gathering a wide range of evidence such as police reports, witness statements, and surveillance footage to demonstrate that the other party was at fault. 

• Expert witnesses: In some cases, it may be necessary to enlist the help of expert witnesses, such as accident reconstruction specialists, to provide testimony that supports your version of events and refutes the contributory negligence claims. 
• Mitigation of damages: Even if you are slightly to blame for the accident, your attorney may be able to argue that you took reasonable steps to mitigate your damages, such as seeking prompt medical attention and following your doctor’s treatment plan. This can often be helpful during settlement negotiations.  

Ultimately, the success of your car accident claim in Alabama will depend on the strength of your case and the skill of your legal team in navigating the state’s contributory negligence law. 

How Burge & Burge Can Help with Your Alabama Car Crash Claim 

At Burge & Burge, we have in-depth experience handling car accident cases in Alabama. Our attorneys thoroughly understand the state’s contributory negligence laws and how they can impact your ability to recover the full and fair compensation you deserve. 

We know that insurance companies will attempt to use contributory negligence to deny or reduce your claim. That’s why we take a proactive approach, thoroughly investigating each case and building a strong argument to counter any allegations of fault. 

If you or a loved one has been injured in a car accident in Alabama, don’t let the state’s contributory negligence law stand in the way of your recovery. Contact Burge & Burge today at 205-947-2962 for a free consultation to discuss your case and learn how we can help you fight for the justice you deserve.