Can I Pursue a Car Accident Claim in Alabama if Partially at Fault?

At Hedge Copeland, P.C., we understand that car accidents can be complicated matters, especially when determining fault. If you’ve recently been involved in a car accident in Alabama and you believe you were partially at fault, you might be wondering if you can still pursue a car accident claim. In this article, we address this common concern and provide you with the information you need to make an informed decision.

Understanding Alabama’s Contributory Negligence Law

Alabama has a strict law for car accident claims where you share some of the blame. Unlike comparative negligence states, Alabama’s law bars recovery if you share any blame. It’s called “contributory negligence.” Here’s the key point: if you’re even slightly at fault for the crash, you might be completely shut out from getting compensation for medical bills, lost wages, or car repairs from the other driver’s insurance.

This law means the court assigns a percentage of fault to each driver. If you’re found to be any percent at fault, you can’t recover any damages from the other driver’s insurance. This strict standard makes it challenging to pursue compensation if you share any fault. To navigate this complex legal landscape, consult an experienced car accident attorney.

The Importance of Consulting an Experienced Attorney

Alabama’s contributory negligence rule can be complex, especially if you weren’t entirely blameless in the accident. Here’s how an experienced Mobile car accident attorney can help you:

Understanding the Laws: They can analyze the specific details of your case and determine how Alabama law applies.
Fighting for Fair Compensation: Even if you share some fault, an attorney can argue to minimize your percentage of blame, potentially allowing you to recover some damages.
Gathering Evidence: They’ll work tirelessly to collect evidence that strengthens your case, such as police reports, witness statements, and medical records.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. An attorney can fight for the compensation you deserve.

Overall, having an experienced attorney by your side can make all the difference in the success of your car accident claim.

Evidence Gathering and Preservation Techniques

Contributory negligence law makes evidence critical in your car accident claim. Here’s how to strengthen your case:

Document the Scene: Start by documenting the scene of the accident, including taking photographs of the vehicles, road conditions, and any visible injuries.

Obtain Witness Information: Obtain contact information from witnesses.

Seek medical attention: This will document your injuries.

Keep Relevant Documents: Keep all relevant documents, such as medical records, repair estimates, and correspondence with insurance companies.

Review the Police Report: Obtain a copy of the police report and review it for accuracy.

Secure Additional Evidence: If possible, secure surveillance footage or dashcam recordings that may provide further evidence of the accident’s circumstances.

Lastly, consult an experienced attorney who can guide you through the evidence collection process and ensure that all pertinent information is preserved for your claim.

The Role of Insurance Companies in a Partially At-Fault Claim

Insurance companies play a big role in car accident and personal injury claims, especially when you’re partially at fault. Initially, they’ll assess the circumstances of the accident and determine the extent of liability for all parties involved. If you share fault, the insurance company may use Alabama’s contributory negligence law to minimize or deny your claim altogether.

Insurance adjusters will carefully evaluate the evidence to determine the percentage of fault assigned to each party. If you’re found partially at fault, they may offer a reduced settlement amount or reject your claim entirely. When dealing with a partially at-fault claim, insurance adjusters may attempt to settle for less than you deserve. They’ll leverage your level of fault to justify a lower compensation.

To ensure fair treatment from insurance companies, you should get legal representation. An experienced attorney can advocate for your rights, negotiate with insurance adjusters on your behalf, and pursue maximum compensation for your injuries.

Negotiating Fair Settlements with Insurance Adjusters

Insurance adjusters work for insurance companies to investigate claims and determine how much the company should pay. They try to settle claims for the least amount possible.

Tips for Negotiating:

Don’t discuss fault: Stick to the facts of the accident. Don’t admit blame or apologize.
Know your worth: Gather documents like medical bills and repair estimates to understand your claim’s value.
Don’t accept the first offer: It will likely be low. Be prepared to reject it and negotiate for a fair settlement.

Don’t get bullied by an adjuster. An Alabama personal injury attorney can:

Handle negotiations: They know Alabama’s law and can fight for the maximum compensation you deserve.
Protect you from mistakes: They’ll guide you through the process to avoid saying anything that hurts your claim.

Contact an experienced Mobile personal injury attorney today. They can fight for the fair settlement you deserve after your Alabama car accident.

The Potential Outcomes of a Partially At-Fault Car Accident Claim

Alabama’s law can lead to several outcomes for your car accident claim:

Full Compensation: If found barely at fault, you may receive the full amount of your damages.
Reduced Compensation: The court assigns a percentage of fault, reducing your compensation by that percentage.
Denied Claim: Being found mostly at fault can lead to your entire claim being denied.

An Alabama personal injury attorney can assess your case and explain the potential outcomes under this law.

The Statute of Limitations for Filing a Car Accident Claim in Alabama

Time is of the essence after a car accident in Alabama. The state has a strict deadline for filing a legal claim, known as the statute of limitations. In most cases, you only have two years from the date of the accident to pursue compensation for your injuries and car damage. Missing this deadline can permanently bar you from receiving any compensation, regardless of fault.

Don’t let this time limit add to your stress after an accident. Contact us today for a free consultation. We’ll ensure all deadlines are met and fight to get you the compensation you deserve.