Alabama is one of the few remaining states that still follows the traditional contributory negligence rule. This rule can have a dramatic, negative effect on your personal injury case. At Ryan & Rouse, we work with clients who are injured in some of the most common accidents, including car crashes and slip and falls. Unfortunately, insurance companies try to take advantage of this law to argue that you should get zero compensation despite suffering significant injuries. Call us today to speak with a Huntsville car accident lawyer. We can describe Alabama’s contributory negligence and answer any questions that you have.
Alabama Contributory Negligence Rules
Alabama continues to adhere to traditional contributory negligence. Essentially, an accident victim is barred from requesting compensation if their share of negligence is even 1%. The defendant can have overwhelming responsibility for the accident. But any degree of fault from the victim will completely defeat their injury claim.
Under Alabama negligence law, an injured victim can seek financial compensation when a careless person injures them. This is the legal basis for most lawsuits based on car accidents, slip and falls, truck wrecks, and other accidents.
However, if the victim was even 1% negligent, then they are barred from receiving any compensation. That is a dramatic result. The defendant could have been 99% responsible for the accident, but it doesn’t matter. Alabama prevents injured victims from receiving compensation.
Examples of Contributory Negligence in Huntsville Accidents
Contributory negligence can arise in many accident cases:
- Car collisions: The other driver might blame you for looking at your phone while driving, falling asleep, or being chemically impaired. If your own carelessness contributed to the crash, you are barred from recovering financial compensation.
- Truck accidents: The trucker might blame you for tailgating or cutting off their big rig, which could contribute to an accident.
- Slip and fall cases: If you are looking at your phone, you might not see a puddle on the floor or loose tiles. The property owner can blame you for contributing to your fall because you were not paying attention to your surroundings.
- Falling merchandise: The store might claim you didn’t pull down an item carefully enough, which is why you were hurt when it toppled off the shelf and hit your head.
- Negligent security claims: Generally, you might sue a property owner for failing to use reasonable security measures to prevent crime. But the owner could point to your own actions, such as mistakenly letting someone into an apartment building. This negligence can result in no compensation.
- Pedestrian accidents: A driver might claim you were walking with earbuds in your ears, which is why you did not hear an approaching vehicle. Or they could argue you crossed too slowly, which resulted in getting clipped by a driver.
Call our office. Defendants in Alabama raise contributory negligence all the time. You need a lawyer to handle all communications for you and to gather as much high-quality evidence as possible.
How to Respond to Contributory Negligence
There are some predictable effects of these rules.
First, you can expect the defendant to blame you for being negligent. Anyone who is hurt can expect to be blamed for the accident, even a little bit. For example, if you are hurt in a car crash, the other driver might claim you were talking on your phone or otherwise distracted. It costs almost nothing to make this type of allegation.
Furthermore, you should not make any statements about the accident. Any admission of fault can completely undercut your legal claim. For this reason, accident victims should not post about the accident on social media, where they might slip up and say something they later regret. You should also avoid apologizing for the crash.
You also need to hire a lawyer quickly to begin gathering evidence. We need to fully understand how the accident happened. We can talk with witnesses to nail down what they remember, and we can search for surveillance videos or dash camera footage.
What is the Alabama Contributory Negligence Statute?
Alabama’s contributory negligence law isn’t set by statute. Instead, this was a law adopted by the judiciary. Judges adopted this law because it was the rule in England when Alabama became a state.
For this reason, the state legislature could change the contributory negligence rule, but they haven’t made any move to do so. Other states have moved to a “pure comparative fault” system, where accident victims can bring a claim even if they are 99% to blame. Other states fall somewhere in the middle, allowing claims so long as the victim is not more than 49% or 50% to blame.
Alabama accident victims must continue to bring claims under the shadow of the state’s contributory negligence laws. And if a judge or jury believes that you are even partially at fault, then you won’t receive compensation.
Negotiating a Settlement in Alabama
Most accident victims hope to settle their cases. You might think that the contributory negligence doctrine wouldn’t matter in this situation, but the reality is far different. Any negotiation will take place against a backdrop of what the insurance companies think will happen if they go to trial. That is the alternative when negotiations break down: litigation.
Consequently, the insurance companies are unlikely to settle if they believe you contributed to your accident. At most, they might offer a small settlement even if you suffered significant injuries.
We recommend hiring an experienced personal injury lawyer to represent you in a car accident case. We can argue to an insurance company that our clients were not even remotely liable for an accident, and that all fault lies with the defendant.
Schedule a Free Personal Injury Consultation Today
Ryan & Rouse opened its doors to help members of the Huntsville community who are injured in motor vehicle collisions. Our firm can provide an overview of the personal injury process. We will also advocate on your behalf inside and outside the courtroom. Give us a call to schedule a free personal injury consultation. We help those in the 35801 zip code and nearby areas.