Determining the Degree of Fault
When you are in an accident, you deserve to be compensated for the injuries that you sustain. The amount that you receive will be based on many factors. These factors will consist of the amount of damage sustained to you as well as your vehicle, but most importantly, who is at fault for the accident. Therefore, how exactly do you determine fault in Alabama? If you or a loved one have been involved in an accident, it is in your best interest to contact an experienced Birmingham personal injury attorney so that we can strategize about the best possible outcomes for your situation.
How to Determine the Degree of Fault in Alabama
Every state is different in how it determines the degree of fault when you are involved in an accident. Alabama, along with North Carolina, Maryland, Virginia, and the District of Columbia, determines fault based on contributory negligence.
Contributory Negligence is a defense for a negligence claim or personal injury claim that says that an injured party cannot recover damages if he or she is even 1% at fault. That means, for example, that if you were not wearing a seat belt at the time of the accident and you sustained injuries related to that, you may not be able to recover damages because you could have prevented some of those injuries by wearing a seat belt and are thereby at fault. Though this is the case, there are some instances in which contributory negligence defenses can be overcome.
Examples of this would be if the defendant’s conduct was intentional or if the defendant had the last clear chance to avoid the accident and did not do so. If you are able to prove one of these as the plaintiff, then you may be able to survive a contributory negligence defense. In auto accidents, fault is one of the most important elements of your claim. Because of this, it is invaluable to seek legal advice and representation if you have been involved in an accident to determine the best strategies for your case and the maximum compensation for your injuries.
Need Legal Advice?
Being involved in an accident is never easy and you and your loved ones can sustain numerous injuries. For these injuries, you deserve to be compensated. However, if you contributed to the accident at all, then you may be barred from recovering for your injuries. Because of this, it is invaluable to seek legal representation and advice if you have been involved in an accident. All situations are different, though, so if you or a loved one have been involved in an accident it is in your best interest to contact an experienced Birmingham personal injury at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today