The Role of Negligence in Auto Accident Injury Claims in Alabama

Auto Accident Information

If you're an Alabama resident involved in an auto accident, you know how fast life can1 spiral out of control. Such unfortunate incidents can result in severe physical harm, financial distress, emotional trauma, and other disruptive changes. Luckily, if the accident wasn't your fault, Alabama law presents you with the right to seek compensation for these hardships. The linchpin in such cases is proving negligence, an integral part of auto accident injury claims. Stephen Thompson, a leading personal injury lawyer in Alabama, outlines the pivotal role of negligence in auto accident injury claims in Alabama.

Negligence, in legal parlance, refers to the failure of one party to exercise the standard of care that a reasonably prudent person would have done under similar circumstances. In auto accident cases, it might involve reckless driving, ignoring traffic rules, or driving under the influence, all of which increase the chances of accidents.

Understanding Negligence in Auto Accidents

To receive compensation in a personal injury claim in Alabama, there are key elements of negligence that the plaintiff needs to prove:

  1. Duty of Care: Every driver on Alabama roads has a legal obligation to act in a manner that does not put others at risk. This is the driver's duty of care.
  2. Breach of Duty: If a driver fails to uphold their duty of care—for example, by speeding, not signaling while turning, or texting while driving—they can be said to have breached their duty.
  3. Causation: It must be established that the defendant's breach directly resulted in the accident and subsequent injuries, referred to as causation.
  4. Damage: There must be actual physical harm or property damage that is demonstrable and quantifiable, arising from the accident.

Contributory Negligence Rule in Alabama

Unique to Alabama is the stringent "contributory negligence" rule in personal injury claims from auto accidents. This law stipulates that if you are found even 1% at fault for the crash, you may be barred from recovering damages from other at-fault parties. This rule makes it even more compelling to engage the services of an experienced Alabama auto accident attorney, like Stephen Thompson, who can provide decisive legal advice and representation to overcome such tough hurdles.

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Why Negligence is Crucial for Your Claim

Establishing negligence is the fundamental element in winning an auto accident injury claim because it directly influences the settlement awarded. Insurance companies calculate settlement offers based on the level of negligence involved in the accident.

If the other party's negligence is proven beyond doubt, their insurance company is more likely to offer a higher settlement to avoid a lengthy court battle. On the contrary, if there is a question about who was negligent, the insurer may attempt to reduce the compensation or deny your injury claim altogether.

How a Good Personal Injury Lawyer Can Help

An experienced Alabama auto accident attorney, like Stephen Thompson, knows the ins and outs of Alabama's contributory negligence laws and can confront challenges that arise in your case.

Stephen Thompson can gather evidence to establish negligence, negotiate assertively with insurance companies, and ensure you receive maximum compensation for your injuries. Moreover, he can guide you through the confusing legal maze, relieve your stress, and help you focus primarily on your recovery.

Whether you were involved in a minor fender bender or a major collision, you should be aware of the role of negligence in your recovery efforts. Don't allow legal complexities or insurance companies to lower your rightful claim. Stephen Thompson, an erudite Alabama personal injury attorney, is here to guide you through this challenging period.

Remember, your search for experienced and dependable "Alabama personal injury lawyers" or "auto accident lawyers in Alabama" should yield expert help to secure your rightful compensation. If you've been injured in an auto accident, Stephen Thompson's substantial experience in handling auto accident injury claims across Alabama could make a significant difference in your case. 

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.

Don't delay getting the recovery you deserve! Contact us today for your free Strategy Session!

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