How is liability determined in an car accident injury claim in Alabama?

One of the many battles you may face after a car accident is determining who was at fault. Proving liability is a critical component of every car accident claim in Alabama. Alabama follows a unique legal doctrine known as "Contributory Negligence," which could potentially affect your recovery. Understanding this process can affect the success of your personal injury claim, which is why having experienced Alabama car accident lawyer, Stephen Thompson, by your side is crucial. 

Understanding Alabama's Contributory Negligence Rule

When it comes to assessing liability in car accidents, Alabama is one of the few states still following the "contributory negligence" doctrine. This rule states that if you are even 1% at fault for the accident, you cannot recover damages. So, even if the other party is found to be predominantly responsible, any small amount of fault attributed to you could prevent you from collecting compensation.

Collecting Evidence

The first place to start when proving fault in a car accident is gathering evidence. This can include photographs of the accident scene, including vehicle damage and road conditions, witness statements, police reports, and medical records that clearly connect your injuries to the accident. 

Role of The Police Report

The police report plays a key role in determining liability. It includes detailed information about the accident scene, statements of drivers and witnesses, and the police officer’s professional perspective on who may have violated any traffic law. However, it’s vital to note that the police report does not make a final decision on liability, it just aids in the investigation.

The Part of Alabama Car Accident Laws 

Alabama state laws may play a decisive role in car accident claims. Traffic laws, also known as "The Rules of The Road," are codified in Alabama's codebooks under Title 32. Violation of these rules can be strong evidence of negligence. For instance, if a driver runs a red light in violation of Alabama Code § 32-5A-32 and causes an accident, that violation would be evidence of negligence.

How Insurance Companies Determine Liability

Insurance companies often play a crucial role in determining liability. They analyze all the evidence, apply Alabama law, and consider potential contributory negligence. They will assess damage patterns, review claimed injuries, and sometimes even recreate accident scenarios. From this analysis, carriers often assign a degree of fault to each driver involved. However, these determinations can be challenged with the help of a skilled attorney like Stephen Thompson.

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Why Legal Representation Matters

Your case's success significantly depends on the ability to demonstrate that the other driver's negligence caused the accident. Given the complexities of Alabama's contributory negligence rule, strategic legal representation is vital. A knowledgeable attorney understands the nuances of local laws, knows how insurance companies operate, and also has the resources to gather reliable evidence.

Stephen Thompson has years of experience representing Alabama residents in car accident claims. He understands the ins and outs of contributory negligence law and uses his comprehensive knowledge to build a strong case for his clients. Thompson also vigorously challenges any attempt by insurance companies to unfairly attribute any portion of fault to you.


In Alabama, determining liability in a car accident injury claim can seem daunting due to the contributory negligence rule. Without the right representation, you might face significant obstacles to obtaining the compensation you deserve. With an experienced car accident lawyer like Stephen Thompson on your side, you increase your chances of a successful claim. 

Secure your right to fair compensation today by consulting Stephen Thompson, a trusted and experienced personal injury attorney in Alabama. Together, we can fight for justice and ensure the responsible party is held accountable for their actions.

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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