If you were hurt in an accident in Alabama and are thinking about filing a personal injury claim, it is important to understand contributory fault. This legal doctrine is stricter than the laws used in most other states. If it applies to your case, it could prevent you from recovering any compensation at all.
Most people assume that if someone else is primarily responsible for their injuries, they can at least collect some amount of money. In Alabama, though, if you are even slightly at fault for what happened, you may not be able to recover anything.
That is why it is critical to know how contributory fault works and how a skilled personal injury lawyer can help you fight against blame-shifting tactics. This article explains the basics of contributory fault in Alabama and what it could mean for your case.
What Is Alabama’s Contributory Fault Rule?
Contributory fault, also called contributory negligence, is a legal rule that applies to personal injury cases in Alabama. Under this doctrine, if you are found to be even one percent responsible for the accident or your own injuries, you are barred from recovering damages.
It does not matter if the other party was 99 percent at fault. If the defendant can prove that you contributed to the accident in any way, you cannot collect compensation for your losses.
Alabama is one of the few remaining states that still follows this strict rule. Most other states have moved to comparative fault systems, where victims can still recover a percentage of the damages, depending on their share of fault. In Alabama, however, any degree of fault is a complete bar to recovery.
How Does Contributory Fault Work in Practice?
Let’s say you were in a car accident in Birmingham. The other driver ran a red light and hit you, but you were also speeding at the time. If the jury finds that your speeding contributed even slightly to the crash, contributory fault would prevent you from recovering compensation.
The same rule applies in other types of cases as well, such as:
- Slip and fall accidents
- Product liability claims
- Medical malpractice cases
- Workplace injury claims (when third-party lawsuits are involved)
Because of this rule, defense lawyers and insurance companies in Alabama often focus heavily on blaming the victim. They will look for any evidence that shows you were partially responsible, even if it was a minor mistake.
What Are Some Common Arguments About Fault?
Defendants in Alabama personal injury cases use a variety of strategies to try to prove contributory fault.
Some common examples include:
- Claiming you were distracted (for example, looking at your phone while walking or driving)
- Arguing that you failed to follow posted warnings or instructions
- Suggesting that you were not paying attention to your surroundings
- Highlighting any violations of law or company policy
Because even a small degree of fault can ruin your case, it is critical to be prepared for these arguments. An experienced lawyer will be able to anticipate these tactics and work to counter them effectively.
Are There Exceptions to Alabama’s Contributory Fault Rule?
In some cases, the strict contributory negligence rule is not applicable. One such exception is the last clear chance doctrine.
Under this doctrine, if the defendant had the last clear opportunity to avoid the accident but failed to do so, you may still be able to recover damages. For example, even if you made an error, the court may still allow you to pursue your claim if the other driver could have avoided hitting you but didn’t.
Another exception applies to cases involving willful or wanton conduct. If the defendant acted intentionally or with reckless disregard for your safety, contributory fault may not apply. There are also exceptions for cases involving minors under the age of 14, as well as for those who are deemed mentally challenged or incompetent.
Your lawyer can evaluate whether any exceptions might help your case and will argue for them where appropriate.
What Damages Can I Recover in an Alabama Personal Injury Case?
If you are able to overcome contributory fault and win your case, you may be entitled to recover both economic and non-economic damages.
Economic damages include:
- Medical bills
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages cover your more personal losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
The value of your case will depend on the severity of your injuries, the strength of the evidence, and other factors. Your lawyer can give you a better sense of what your case may be worth after reviewing the facts.
Contact an Experienced Birmingham Personal Injury Lawyer Today
If you were injured in an accident in Alabama, contributory fault could play a critical role in your case. Even a small finding of fault on your part can prevent you from recovering compensation. That is why it is so important to work with a lawyer who understands how to fight back.
An experienced Birmingham personal injury lawyer can protect your rights, build a strong case, and help you pursue the full compensation you deserve. Contact Belt, Bruner, & Barnett Personal Injury Lawyers today at 205-973-6417 for a free consultation to learn more about your options.