[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Contributory negligence is a legal rule that only a handful of states use to determine compensation in cases where multiple parties share fault for an accident. Basically, the Alabama contributory negligence doctrine says that if your actions contributed to your accident and injuries in any way, you can\u2019t recover any compensation. The idea is that if someone\u2019s negligent actions partly contributed to the accident, they should not be able to force the other party to pay for their injuries.  While this doctrine makes some sense, it fails to account for situations where one party bears most of the fault for a crash, even if they don\u2019t bear full responsibility for what happened. For example, a drunk driver who clearly broke the law and was the primary cause of a crash could avoid paying compensation to someone they injured if the other driver played a tiny role in the collision. It\u2019s a harsh rule, which is one reason only a handful of states still use it.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Instead of using the contributory negligence principle, most states apply the comparative fault rule to personal injury claims. While the specific rules vary among states, the basic idea is to award some compensation based on each party\u2019s degree of fault for an accident. Typically, if the person who files a personal injury claim contributed to the accident, their compensation is reduced by their degree of fault.  For example, someone who bears 20 percent of the fault for an accident would lose 20 percent of any compensation they were awarded. Some states do not allow people to recover compensation if their degree of fault is above a certain percentage (usually 50 percent). Other states allow people to pursue compensation no matter their degree of fault for an accident.  Unfortunately, Alabama does not use the comparative fault (also called comparative negligence) rule. If the other party involved in an accident accuses you of contributory negligence, you need to contact our attorney right away to protect your right to compensation.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"There are two primary exceptions to Alabama\u2019s contributory negligence laws. The first is that plaintiffs (the legal term for people who file a personal injury claim) cannot be contributorily negligent if they are younger than 14. The rule helps protect the rights of younger people who may accidentally suffer injuries partially through their careless actions.  The second exception is that mentally challenged people or those who are incompetent are deemed to be incapable of being negligent.  While the age-related exception to the Alabama contributory negligence rule is specific and clear, proving that someone is mentally incompetent or challenged could be difficult in some cases. If you\u2019re in this situation, it\u2019s crucial to work with our experienced and knowledgeable attorney.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"Contributory negligence is a legal rule that only a handful of states use to determine compensation in cases where multiple parties share fault for an accident. Basically, the Alabama contributory negligence doctrine says that if your actions contributed to your accident and injuries in any way, you can\u2019t recover any compensation. The idea is that if someone\u2019s negligent actions partly contributed to the accident, they should not be able to force the other party to pay for their injuries.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"FAQPage","name":"How Contributory Negligence Works in Alabama","mainEntity":[{"@type":"Question","name":"What\u2019s the Difference Between Contributory Negligence and Comparative Fault?","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer1"},"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Question1"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer2"},"name":"Are There Any Exceptions to Alabama\u2019s Contributory Negligence Rule?","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Question2"},{"@type":"Question","name":"What Is Contributory Negligence?","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer3"},"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Question3"}],"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":[{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Answer"},"Answer Question"],"name":"What Is Contributory Negligence?","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#Question"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.gartlaninjurylaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Contributory Negligence Works in Alabama","item":"https:\/\/www.gartlaninjurylaw.com\/blog\/how-contributory-negligence-works-in-alabama\/#breadcrumbitem"}]}]