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How to Establish Liability Following an Auto Accident in Alabama July 3, 2019

Dothan, Houston
How to Establish Liability Following an Auto Accident in Alabama, Dothan, Alabama

Recovering from auto accident injuries can add up fast. Thankfully, you may be entitled to compensation for the costs associated with treating your injuries. As long as you can show both liability and losses, your personal injury claim has a decent chance of yielding a fair payout. While proving losses is relatively straightforward, though, accident victims are often unsure how to go about demonstrating liability. Here's a handy guide to help you get started. 

Proving Fault

Naturally, the best way to prove fault for any given claim will depend on the circumstances of the accident in question. If the other motorist violated a local traffic law, for example, critical evidence might include dash cam footage or recordings from surveillance cameras near the scene. Eyewitness testimony from nearby motorists, passengers, and pedestrians could also contribute to such a claim. 

If, on the other hand, drunk driving is to blame for the wreck, the results of any blood or breath tests conducted at the scene will be invaluable. If you were injured in a wreck caused by poor road conditions, photographs of the hazard in question—such as a soft shoulder or a massive pothole—will help you file a successful claim against the municipality responsible for maintaining the roads. 

Mitigating Blame 

auto accidentIn the state of Alabama, injured parties must not only prove how the defendant was responsible for the accident but also disprove claims that they contributed to it in any way. Alabama is one of just four states that follows a pure contributory negligence rule. Under this system, personal injury claimants are barred from recovering compensation if they’re found partially liable for the cause of action or the damages they incurred. Whereas many states bar recovery for those who are deemed more than 50% at fault, Alabama prohibits recovery if you’re just 1% liable. 

As such, you must avoid accepting blame for the accident. For example, you should not apologize to others at the scene because it could be interpreted as an admission of fault. You must also avoid giving the insurance adjuster reason to believe you contributed to the severity of the damages. In other words, seek medical care right away, and follow your doctor’s orders over the course of treatment. 

 

If you were hurt in an auto accident in Alabama, turn to a compassionate personal injury attorney at Carey & Hamner, P.C. for guidance. Based in Dothan, this firm is proud to represent injured and disabled parties throughout Enterprise, Ozark, and the surrounding areas. In addition to personal injury suits, they assist with Social Security disability benefits and workers’ compensation claims. To learn how an auto accident attorney on their team can help you, visit their website, or call (855) 435-4797 to schedule a free case evaluation.

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