A high-impact collision can instantly jeopardize various parts of your life, leaving you severely injured and sidelined from the lucrative career that keeps your household afloat. What happens if you were partially at fault for the collision?
Thoughts flood your head as you wonder if that split-second decision behind the wheel just cost you everything. You might have heard a rumor that because you were slightly at fault, you get nothing. In Alabama, this is the legal standard.
What contributory negligence means
While other states use comparative negligence, Alabama follows contributory negligence. If you contributed to the accident in any way, the courts legally bar you from recovering compensation. Even if your fault is 1%, you still lose the right to claim damages.
There are legal exceptions where you can still recover, even if you are partially at fault. You can use the Last Clear Chance doctrine, but you must show these factors:
- You were in a state of helplessness.
- The driver knew about your situation.
- The driver had a clear opportunity to avoid the accident.
- The driver failed to exercise reasonable care to avoid it.
Additionally, if you can prove the defendant’s actions constitute wantonness, your contributory negligence is not a bar to recovery.
Why you should still fight for your claim
Despite Alabama’s rigid statute on car accidents, you should consider fighting for your claim. While difficult, you can prove that you were following traffic rules. Collecting these pieces of evidence can bolster your claim:
- Dashcam footage: Use your personal recording to show that the other driver was out of line.
- Public surveillance: Request copies of video footage from nearby establishments.
- Witness statements: Seek the contact details of people who witnessed the collision and provide their accounts.
Furthermore, the other party’s adjuster may contact you and ask a few questions about the accident. Be mindful of what you say to them because a tiny admission can be used to shut down your entire claim.
How an attorney can help
You may choose to file a claim, but understand that the stakes are high. Seeking legal counsel can give you the guidance you need to navigate Alabama’s strict legal landscape.