Alabama Applies a Legal Standard of Pure Contributory Negligence for Car Accidents. This means that if a party is at fault, even 1 percent is at fault for that party. This means that if one party is at fault, even 1 percent at fault, that party cannot claim damages from the other party. Naturally, a defendant in a car accident case will make every effort to prove that the victim contributed, even to a small extent, to the harm he suffered.
In one possible example, if a driver hits a pedestrian at a crosswalk, if the driver can prove that the pedestrian entered the street against the traffic light, the driver may not have to pay damages, although he is also at fault for not having been alert to a crossing pedestrian. Liability for a Car Accident Requires Proof of Fault. The other driver may not have enough evidence to prove that you caused the car accident. The accident victim could also share responsibility for the car accident, preventing them from recovering any compensation for the claim.
Alabama, like most states, has fault-based auto accident damage claim laws. That is, you need to determine fault before you file an insurance claim for a car, motorcycle or truck accident. In Alabama, the at-fault driver is liable for damages paid. If you are found to be at fault for an accident, your damages can be substantially reduced if not completely denied.
Determining fault is a difficult process that will be investigated by the police, insurance, court and your defense attorney to determine. This fact-finding can play an essential role in your case. An in-depth analysis, including inspections of the vehicles, the site and the factors involved, can help determine what happened and who could be at fault. Determining Fault in a Car Accident in Alabama.
No, Alabama is not a state that has a no-fault insurance system. Motorists who are guilty of a collision may be held financially responsible for medical bills and other losses they have caused others to suffer. Several of our clients want to know if Alabama is a no-fault state. Alabama is a at-fault (or “tort”) state, where drivers who cause an accident and their insurance companies are liable for the other driver's damages resulting from an accident.
Alabama's fault laws are complicated and stricter than most other states, so it makes sense to have an attorney on your side to fight for the settlement you deserve. If the at-fault driver's insurer agrees that he was at fault, that insurer will normally pay for all damages. If you've been injured in a car accident in Alabama, you usually have three options for compensation. This is the amount of time you have to file a claim with your own insurance company or the at-fault driver's insurer.
Bodily injury liability insurance provides compensation for the victim's personal injuries, while property damage liability insurance covers any damage to the accident victim's vehicle and other personal property that was damaged during the accident. After a car accident in Alabama caused by another driver, you can apply for compensation from the at-fault drivers insurance provider. The at-fault driver must have personal injury liability insurance that provides compensation for their personal injuries, as well as property damage liability insurance that pays for damage to their vehicle and other personal property. However, if the negligent driver doesn't have car insurance or if the accident was a hit and run, you may be able to file an uninsured driver (UM) claim with your own insurance company.
For specific information about the no-fault law and insurance in your state, contact your state's insurance department. Because Alabama is an at-fault auto insurance state, you must prove that another driver acted negligently and that the driver's negligence caused your accident. .