What Is Negligence in an Alabama Car Accident Case?

Negligence in an Alabama car accident case refers to when a driver fails to act with reasonable care and causes injuries or property damage.

To succeed in a car accident case, you typically must prove negligence. An Alabama car accident lawyer from Wettermark Keith can investigate your accident, gather evidence that establishes negligence, and help you recover damages.

What Does Negligence Mean in an Alabama Car Accident Case?

Negligence means failing to use the level of care that a reasonably careful person would use under similar circumstances. In a car accident case, this can involve a driver speeding, running a red light, following too closely, driving while distracted, or otherwise failing to operate a vehicle safely.

Negligence does not necessarily require someone to intentionally do something wrong. A driver may be negligent simply because they failed to take reasonable precautions. The important question is whether the driver’s conduct fell below the standard of care expected under the circumstances.

An Alabama car accident attorney from Wettermark Keith can evaluate your case and determine whether the other driver was negligent.

What Are Common Types of Negligence in Alabama Car Accidents?

Many different driving behaviors can be considered negligent, including:

• Speeding: Driving faster than the posted speed limit or too fast for road, traffic, or weather conditions can make it more difficult to stop or avoid a collision.
• Distracted driving: Looking at a phone, adjusting a navigation system, eating, or engaging in another distracting activity can prevent a driver from reacting to hazards.
• Following too closely: A driver who leaves insufficient stopping distance may be unable to avoid hitting another vehicle when traffic slows or stops.
• Running a red light or stop sign: Ignoring traffic-control devices can cause intersection collisions.
• Unsafe lane changes: Moving between lanes without checking surrounding traffic or signaling can cause sideswipe and multi-vehicle crashes.
• Driving while impaired: Alcohol or drugs can affect a driver’s judgment, reaction time, coordination, and ability to safely control a vehicle.
• Failing to yield: A driver who fails to yield when required can cause a collision with another vehicle that has the right-of-way.
• Fatigued driving: Severe exhaustion can reduce a driver’s alertness and reaction time and contribute to serious crashes.

If the driver who hit you engaged in one of these behaviors, an Alabama personal injury lawyer from Wettermark Keith can help hold them accountable.

How Do You Prove Negligence in a Car Accident Case?

To establish negligence in a car accident case, you typically must prove the following legal elements:

• Duty of care: The other driver had a legal obligation to drive safely and follow traffic laws.
• Breach of duty: The driver failed to uphold that duty by acting carelessly.
• Causation: The driver’s unsafe action directly caused the crash and your injuries.
• Damages: You suffered compensable losses, such as physical injuries, medical expenses, lost income, or property damage.

An Alabama personal injury attorney from Wettermark Keith can help gather evidence to prove these elements.

Who Can Be Liable for an Alabama Car Accident?

While negligent drivers are typically responsible for Alabama car accidents, other parties can share liability too. Potentially responsible parties include:

• Another driver: A motorist whose careless or unlawful conduct caused your accident may be responsible for resulting damages.
• An employer: If an employee caused the accident while acting within the scope of their employment, the employer could potentially be held legally responsible.
• A vehicle owner: In certain circumstances, the owner of a vehicle can be held liable for the driver’s negligence, even if they aren’t present when the crash occurs.
• A vehicle manufacturer: A defective vehicle or component could contribute to a crash and shift liability to a manufacturer.
• A government entity or other property owner: Poorly maintained roads, defective traffic controls, or other dangerous conditions could cause a government agency or property owner to share liability.

What Types of Evidence Do You Need to Prove Negligence?

Many different kinds of evidence can help prove who is liable for your accident, such as:

• Police crash reports
• Photographs or video of the vehicles, roadway, traffic signals, and surrounding area
• Surveillance footage from nearby homes, businesses, or traffic cameras
• Statements from people who witnessed the accident
• Medical records documenting your injuries and treatment
• Vehicle damage showing the location and severity of the impact
• Cellphone records
• Vehicle data
• Testimony from accident reconstruction experts

What Is Contributory Negligence in Alabama?

Alabama follows a pure contributory negligence system. Under this rule, if you are found to be even 1% at fault for a car crash, you will be barred from recovering any compensation.

However, exceptions can apply in certain circumstances. For instance, the rule may not apply to your case if your case involves:

• Wanton or reckless conduct: If the other driver acted with a conscious disregard for the safety of others, the contributory negligence rule may not apply.
• The last clear chance doctrine: If the defendant had the final opportunity to avoid the collision but failed to do so, you may still be able to recover damages despite acting negligently first.
• Children and minors: Under Alabama law, children under 14 are generally considered legally incapable of contributory negligence.
• Lack of evidence of fault: The defendant has the burden of proving contributory negligence. If there is insufficient evidence that the injured person contributed to the crash, the defense may not apply.
• Cognitive impairment: Individuals with severe cognitive impairments or mental incapacities that prevent them from understanding the risks of their actions may be excused from contributory negligence.

Speak to a Car Accident Attorney in Alabama

Because of Alabama’s pure contributory negligence rule, proving negligence is the most important part of your car accident claim. An Alabama car accident attorney from Wettermark Keith can analyze the crash, collect evidence to prove who is responsible, and help you pursue compensation from those parties.

Book a free consultation to find out how you can get justice.