After the stress of a car accident is compounded by hospital bills, lost work, and the mental trauma involved with the actual accident, nobody wants a complicated legal code to deal with. However, it is important to know what your rights are in Alabama after an accident, especially if you are considering a lawsuit.
Alabama has some of the toughest laws concerning car accidents in the country. This article will discuss what the Alabama laws say about all you should know to sue after a car accident, the peculiarities relating to contributory negligence, and what steps should be taken if you are thinking of pursuing a legal action. In the end, you will know what your rights are and what to expect if you choose to pursue a money judgment in Alabama courts.
Alabama is a fault state
Alabama operates under a fault insurance system, where the person who caused the accident is responsible for paying for damages. Unlike “no-fault” states, where the driver must first turn to his own insurance, Alabama permits damages to be sought directly from the responsible party. The recovery allowed for damages includes:
- Medical bills
- Repair or replacement of vehicle
- Lost wages
- Pain and suffering
It must be established that the other party is at fault. This must be established with evidence in the form of police reports, photographs, and/or witnesses establishing that the other driver was responsible for the accident.
Contributory Negligence
Alabama follows the pure contributory negligence rule. Under this system, if the injured party is even 1 percent at fault for the accident, he or she cannot recover for the damages sustained. For example, if the other driver of the automobile in some way ran a red light and the injury suffered was slight before the accident occurred, even though the accident was caused by the other driver, the fact that he or she was at fault in speed would completely bar him or her from recovering compensation.
This rule makes it difficult to win a case in Alabama. This is not to say that one will not win, but it is to say that the case becomes more difficult and calls for more legal assistance.
How long do you Have to File a Lawsuit?
The statute of limitations in Alabama gives the injured party two years from the date of the accident within which to claim a personal injury suit (Ala. Code Section 6-2-38). If this time elapses, the injured party is forever barred from filing a suit. As to damaged suits, that is the same, except you have two years from the time the action arose.
What You Should Do After an Accident?
If you have been in an accident and feel that you may need to sue, do the next best thing.
- First: Call the police and have an official report made.
- Second: Have a doctor examine you even though you feel all right.
- Third: Get evidence that will be your witnesses, names, photographs, and evidence to show the negligence.
- Fourth: At all times, do not admit to the Negligence.
- Fifth: Contact those lawyers who are familiar with accident injuries and the Laws in Alabama.
Key Takeaways
- Alabama is a fault-based system for automobile accidents.
- The rule of contributory negligence may be a bar to recovery if he or she is even one percent at fault.
- You ordinarily have two years from the time of the accident to file a lawsuit.
- Proper proof, swift action, and prosecution of claims made will increase your chances of success.
Understanding these laws will eventually result in your protecting your rights and being in a position better to look after your own interests and to make intelligent decisions if you are ever involved in an Alabama automobile accident.
