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How is fault determined in an Alabama car accident claim?

On Behalf of | Jan 9, 2023 | Motor Vehicle Accidents |

At the core of every car accident claim is the question, “who did it?” It’s on this basis that negligence is established. Thus, if you are involved in a car accident, one of the most important concerns you will have is who you are going to hold accountable. 

Like all states, Alabama allows you to pursue the negligent party for economic and non-economic damages that results from a car accident. However, to successfully litigate a car accident claim, it helps to understand Alabama negligence laws and how they apply to your situation. 

Alabama is a contributory negligence state

Alabama is one of the four states that apply the contributory negligence statute. This means that you cannot recover damages even if your contribution to the accident was as little as one percent. Thus, even if your medical bill and property damage runs into thousands of dollars, you will not be eligible for any compensation as long as you played a role in the accident.

Strengthening your case

Granted Alabama’s strict negligence laws, it goes without saying that it takes more than simply saying that “they hit me from behind” to win a car accident claim. That said, here are a few ways you can strengthen your Alabama car accident claim:

The police report

Alabama law requires that you call the police to the scene of a car accident that results in property damage in excess of $500, personal injury or death. On arrival, the police will investigate the accident and compile a report on how they believe the accident happened. A favorable police report can help strengthen your car accident claim. 

The other driver’s admission

Sometimes, the other driver can expressly admit fault. If they do, you might have a crucial head-start on your claim. After all, the other party has owned up. 

A car accident can leave you significantly traumatized and hurt. Find out how you can file your claim and fight for the compensation you deserve.