Were you involved in a car crash, slip and fall, or any other type of accident in Alabama? If you share some degree of the fault, you may be wondering whether you can still bring a claim. Unfortunately, because Alabama is one of the last remaining jurisdictions that still operates under an ultra-harsh contributory negligence rule, the answer is generally “no.” You need to protect yourself from being assigned any level of fault for an accident. Here, our Mobile personal injury attorney provides a comprehensive guide to Alabama’s pure contributory negligence rule.
Alabama is a Pure Contributory Negligence State
Alabama has one of the harshest negligence standards in the country. It is one of the last remaining jurisdictions that still operates under pure contributory negligence. There are big implications for victims and families. If you are even one percent at fault for your own injuries, you are completely barred from recovering compensation. Sadly, the rule gives insurance companies a powerful weapon to deny legitimate claims. You must prove the other party was entirely at fault.
In the 1990 case of John Cowley & Bros., Inc. v. Brown, the Alabama Supreme Court reaffirmed the doctrine of pure contributory negligence. In that dispute, the plaintiff was denied recovery because he was found to have contributed (even though only slightly) to the circumstances leading to his own severe burn injury. The state’s highest court determined that contributory negligence is still the law of the land in Alabama. That ruling remains in place to this day.
You Cannot Still Recover if You Share Some Fault in Alabama
The big takeaway for victims and their families is that financial recovery can be prevented for parties who bear partial fault for their own accident. It is one of the most important points to know about the law. Here are three major things to keep in mind about contributory negligence:
- Any Fault Can Prevent Recovery: Alabama’s contributory negligence rule means you cannot recover compensation if you are even barely at fault for the accident. No matter how severe your injuries are, any shared blame can completely block your claim.
- Prompt Investigation is a Must (Evidence): All bad accidents need to be investigated right away. Do not rely on police or insurance companies for a fair investigation. A top-tier Mobile, AL personal injury lawyer can gather all of the evidence you need for a strong defense.
- Insurers Try to Raise Partial Fault Defenses: Insurance companies often look for any excuse to shift blame onto you to avoid paying. Even a minor mistake or careless statement can be twisted and used to deny your claim in its entirety.
Contact Our Alabama Personal Injury Attorney Today
At Roger Varner Injury Law, our Mobile personal injury lawyer has the knowledge, skills, and legal expertise to help you navigate Alabama’s contributory negligence law. Have any questions about your options if you share some fault for an accident? We are here as a legal resource. Give us a call at (833) 482-7637 or contact us online to arrange your free, fully confidential initial case review. With a law office in Mobile, we handle personal injury cases throughout the region.