Crossing Through Alabama: Why Out-of-State Drivers Need To Know Alabama’s “Contributory Negligence” Rule
If you’re involved in a car accident while driving through Alabama, you might assume your rights are the same as they would be back home. However, Alabama’s personal injury laws are unusually strict when it comes to shared fault.
Alabama is one of just a handful of states that still follows the harsh rule of “contributory negligence.” This means that if you’re even 1% at fault for the crash, you could lose your right to recover any compensation at all.
That’s why it’s critical to understand the law before traveling through the state, especially if you’re from out of town. Alabama’s rules may apply regardless of where you live, so even one small mistake could cost you your entire claim.
What Is Contributory Negligence?
Most states use a system called “comparative negligence,” where each driver shares a percentage of blame. For example, if you’re found to be 25% at fault, your damages would be reduced by that same percentage. In modified comparative negligence states, you’ll be barred from recovery if you reach a certain percentage of fault.
Alabama doesn’t work that way. Under its strict contributory negligence rule, if the other side can prove that you were even slightly at fault (just 1%), you are barred from recovering anything. That means no money for medical bills, lost income, pain and suffering, or any other losses.
The Implications of Contributory Negligence Laws for Out-of-State Drivers
If you live in a comparative negligence state, this rule may come as a shock. You may expect to be able to share fault and still get something in return. However, once your accident occurs on Alabama roads, Alabama state law applies.
Even a seemingly small detail could ruin your chances of financial recovery. For example, if you were slightly speeding, didn’t use your turn signal, or failed to check your blind spot, the insurance company could argue that you bear some blame.
Out-of-state drivers often get caught off guard by this rule. You could be passing through the state on I-65, headed to Florida or Mississippi, and a crash that wasn’t even mostly your fault could still leave you with no legal recourse.
What Should I Do After a Crash in Alabama?
The steps you take after an accident can make or break your case in a contributory negligence state like Alabama. It’s important to be cautious and deliberate from the start.
Here’s what to do:
- Call 911 to report the crash. This creates an official police report, which may become crucial evidence later.
- Don’t admit fault, even casually. Saying “sorry” or guessing what happened can be used against you.
- Exchange information with the other driver, including names, license numbers, and insurance details.
- Take photos and videos of the scene, your injuries, vehicle damage, traffic signs, and road conditions.
- Get medical attention, even if you feel fine. Injuries sometimes take hours or days to appear.
Set up a free consultation with a local car accident attorney in Alabama before talking to the insurance company. An attorney can protect your interests and keep you from saying anything that could be twisted into an admission of fault.
Can I Still Win a Case Under This Rule?
In Alabama, your lawyer’s ability to prove the other party’s fault (and to completely eliminate any blame on your end) can determine the outcome. Because of this, legal strategy and attention to detail matter more than ever.
You’ll need evidence that the other driver caused the crash and that you didn’t contribute in any way. This might include expert witness testimony, traffic camera footage, black box data, or accident reconstruction analysis.
Ideally, your case will anticipate every possible argument the defense might raise.
Contact an Alabama Car Accident Attorney for a Free Consultation
Driving through Alabama means playing by Alabama’s rules. Under the state’s contributory negligence system, those rules can be unforgiving. If you’re involved in an accident (even while just passing through), don’t assume you’ll be treated like you would be in your home state.
Contact an experienced car accident lawyer for a free consultation as soon as you can after a crash. Most lawyers in this area of the law work on a contingency fee basis, so you only pay attorney’s fees if you receive compensation.
To learn more about how an attorney can help, contact Belt, Bruner & Barnett Personal Injury Lawyers.
We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73050852442579, -86.5863926515444
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694