If you are injured in an accident, you should know your legal options for seeking compensation. Because Alabama follows a contributory negligence standard, you will be barred from receiving any money if you share any fault for the accident. Rest assured, an experienced personal injury attorney can review the circumstances of your case, assess the fault of the parties involved, and advise you of your legal rights.
What Is Contributory Negligence?
Under Alabama law, you cannot recover compensation if you were partially responsible for the accident that resulted in your injuries because of the state’s contributory negligence law. Although most states now have a pure or modified comparative negligence standard, Alabama is one of the few states still using the contributory negligence standard for personal injury cases. Alabama contributory negligence is based on the premise that if you contributed to the accident, you cannot receive money from the other party for your injuries and financial losses. To prevent you from recovering compensation, the adverse party in your case must plead contributory negligence as an affirmative defense when they respond to your lawsuit. They also have the burden of proof that you contributed to the accident.
Potential Impact of Contributory Negligence on Your Personal Injury Claim
The contributory negligence doctrine often causes harsh outcomes. Suppose a drunk driver was primarily responsible for the accident, but you shared some fault for the collision. Even though the other driver was under the influence and likely more at fault, you could not receive money if you are found to have contributed to the accident.
While Alabama’s contributory negligence standard can have seemingly unjust consequences, don’t hesitate to contact a personal injury attorney if you suffered injuries in an accident. They will thoroughly evaluate the facts and circumstances of your case to determine whether the contributory negligence rule will bar any financial recovery in your case or if any exceptions apply.
Contributory Negligence Examples
Some examples of personal injury claims involving contributory negligence include a rear-end car accident in which the vehicle in front of you stops without warning, but you were arguably following too closely to avoid an accident. Under these facts, you will be assessed fault, precluding you from recovering compensation. Another example of contributory negligence is if you are injured as a pedestrian. Although a driver traveling too fast for conditions may have hit you, you may not recover compensation in Alabama if you did not check the traffic before crossing the street and are found to have contributed to the accident and your injuries.
Interestingly, an Alabama contributory negligence statute related to wearing safety belts provides that failure to wear a seatbelt shall not be considered evidence of contributory negligence. As such, if the other driver’s insurance company or attorney suggests the contributory negligence standard bars your claim because your injuries were related to your failure to wear a seatbelt, your attorney can argue this statute applies, allowing you to proceed with your personal injury case.
Contact Our Personal Injury Attorneys for a Free Case Review
At Parker Trial Law, our personal injury lawyers focus on helping those with serious injuries. Since 2016, we have represented accident victims in jury trials in Alabama, Georgia, and nationwide in state and federal courts. At our firm, you will be treated like family. Get to know us in a free case review. We look forward to speaking to you about your case.
