When auto accidents occur, attorneys and insurance companies try to determine who was at fault to allocate responsibility for paying damages. Alabama law provides for the pure contributory negligence standard in such situations. Here’s how that standard makes a difference if you’ve been injured in a crash. 

What Is Contributory Negligence?

Under the theory of contributory negligence in many states, a person injured in an accident can recover damages even if they were partially at fault in causing an accident. The amount they recover is reduced by the percentage of fault they contribute to causing the accident.

However, Alabama law doesn’t follow this common course. Under the state’s “pure” contributory negligence standard, when a person is even 1% at fault in the accident, they can’t collect any compensation for their injuries.

How Does Contributory Negligence Work?

Under standard contributory negligence protocol, if Driver A runs a red light, gets hurt, and is 40% at fault for colliding with Driver B, who was speeding, Driver A can only receive a portion of their damage amount from Driver B. However, under Alabama’s pure contributory negligence standard, Driver A’s share of the fault prevents their recovery of any damages at all.

The only exception Alabama recognizes is wanton conduct. This legal term means a person’s actions were not just negligent but show recklessness or a conscious disregard for the safety or rights of others. If Driver B had a long record of drunk driving convictions and was intoxicated and driving on a suspended license while speeding, Driver A might be able to recover damages.    

How Do Attorneys Prove Fault?

To prove fault in an auto accident, an attorney must show a duty to the injured person, such as the obligation to drive safely. They must also show that the driver was negligent in failing to meet their duty and that this bears full responsibility for causing the accident.

Photos of the scene and damage, eyewitness testimony, and driver admissions can serve as evidence of fault. If you’re involved in an auto accident, consult an attorney as soon as possible to protect your rights and interests.

If you’ve been hurt in an auto accident that wasn’t your fault, seek help from a personal injury attorney to recover compensation. At Carey & Hamner, P.C., experienced lawyers protect the rights of injured clients throughout the Dothan, Enterprise, and Ozark, AL, areas. They offer personal attention and effective legal representation in all types of accident and disability claims. Call (855) 435-4797 or visit their website to schedule a consultation with an attorney at their law firm today.