How Is Fault Determined in a Car Accident in Alabama?

Alabama is a fault-based state for car accidents, so a driver who is found at fault for causing an accident is responsible for paying for the resulting harm. This could include economic expenses, such as medical expenses, vehicle repairs, and lost wages, as well as non-economic expenses, such as physical pain and emotional suffering. However, you must establish that the other driver is at fault before you can recover any money for your injuries.

To determine who is at fault for a car accident in Alabama, courts or insurance adjusters will examine a range of evidence and decide whose careless actions led to the collision. 

Contact Gartlan Injury Law today for a free consultation with a Dothan personal injury lawyer.

What Are Some Alabama Car Accident Statistics?

Alabama car accidents impact thousands of lives annually. Many of these tragedies are entirely preventable. Here are a few Alabama Department of Transportation statistics to show the toll these crashes take:

• More than 134,000 crashes occurred statewide in a recent year. These crashes resulted in 37,983 injuries and 932 deaths that year. This translates to one injury about every 14 minutes and one death every nine hours.
• Over a 10-year period, crashes in Alabama increased by almost 5 percent. The number of injuries stayed roughly the same, while fatalities increased by about 3.7 percent. The mileage fatality rate increased by about 1.8 percent. Meanwhile, the economic cost of car accidents soared by more than 30 percent, with more than $18 billion in annual costs.
• Alabama’s mileage fatality rate for one recent year was 1.40 deaths per 100 million vehicle miles traveled (VMT). By comparison, the national fatality rate was 1.37 deaths per 100 million VMT.
• Over a 10-year period, the number of urban traffic fatalities decreased by 1.68 percent, while the number of rural traffic fatalities increased by 7.20 percent.
• Police issued DUI citations to more than 5,100 drivers in one recent year. The proportion of fatal crashes in that year involving drug or alcohol impairment is 5.43 times greater than that of crashes that do not involve drugs or alcohol.

How To Determine Fault in an Alabama Car Accident?

Most Alabama car accidents are caused by some form of negligence, which might include:

Negligence

Negligence is the failure to behave as a reasonable person would in similar circumstances. Someone can be negligent if their actions contributed to your injuries or if they failed to take action and you suffered injuries as a result. For example, suppose that you are injured in an accident that happens in bad weather. A driver could be negligent if they do not slow down in response to these conditions and then hit you, even if they never break the posted speed limit.

Negligence Per Se

In most personal injury cases based on negligence, the plaintiff has the burden of proof. But cases involving negligence per se shift this burden to the defendant. In a negligence per se case, the plaintiff can argue that the defendant is automatically negligent because they broke a law specifically meant to prevent an accident. It is then up to the defendant to show they did not break the law and did not act negligently. For example, if a drunk driver hits you, you can make a case for negligence per se because the person who hit you broke state DUI laws.

Contributory Negligence

Not all accidents are the product of a single person’s negligence. Some are caused by the contributory negligence of several parties, each of whom contributed to the circumstances leading up to the crash. Alabama is a contributory negligence state, which means you could lose your right to compensation if you contributed to a crash in any way. For example, suppose a speeding driver hit you at night, and you did not have your headlights on. In that case, the court might determine that you contributed to your injuries and bar you from compensation. Contributory negligence states like Alabama often cause harsh consequences because an accident victim may be unable to recover any compensation if they are found even 1 percent responsible for the accident.

Because of this rule, insurance companies will try to shift the blame to accident victims in an attempt to get out of the responsibility of paying for the harm their insured drivers cause.

What Evidence Can Be Used to Prove Fault in an Auto Accident?

Your car accident attorney can use many types of evidence to prove someone else caused your injuries. Depending on the circumstances of your accident, this evidence might include the following:

• The accident report
• Photos from the crash scene
• Witness testimony
• Surveillance or traffic camera footage
• Expert witness testimony
• Your medical records

What Can I Recover Through a Car Accident Lawsuit?

You might be able to recover the direct expenses you incurred due to the accident. These economic damages include:

• Medical bills
• Lost wages
• Reduced future earnings
• The cost of transportation to doctor’s appointments
• The cost to replace or repair your car

You may also be able to recover non-economic damages for the harm you have suffered, including for:

• Physical pain and suffering
• Emotional distress
• Reduced quality of life
• Loss of emotional support if a family member died in the crash

What Is the Deadline for Filing a Car Accident Lawsuit in Alabama?

The Code of Alabama generally requires a car accident lawsuit to be filed within two years of the crash. If you miss this deadline without taking action, your case can be dismissed, and you can lose your right to compensation. Speak to an attorney immediately after a collision to avoid any issues with this statute of limitations.

How Can an Attorney Help?

A car accident lawyer can investigate the accident, review relevant records, and gather valuable evidence to build a case showing the other driver caused the crash.

Once the accident investigation is complete, your lawyer can help by filing your claim and handling settlement negotiations with the car insurance company. If the insurance company fails to agree to a reasonable settlement, you will want a lawyer’s help to prepare your case for trial. If you have any questions or concerns while your case is in progress, a car accident attorney can answer them.

The Alabama car accident attorneys at Gartlan Injury Law are ready to fight for maximum compensation for your claim. Call us today or visit our contact page for a free consultation.

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