What is contributory negligence?

Alabama law uses a system called contributory negligence to evaluate fault when an accident occurs. This system can be harsh in that one party’s actions could be overwhelmingly worse than another’s, yet, if the second person did anything to contribute to the wreck, they could be barred from recovery. Even if one party is 99% at fault, if the other party is 1% at fault, they may be prevented from recovering their damages.  Because of this, if you are in a Alabama car accident, we strongly urge you to refrain from discussing your case without legal representation.  Call Carey & Hamner at 334-673-1800 and schedule a free consultation with one of our lawyers before you talk to the adjuster.  

Contributory negligence has 2 parts – first of all, there had to be some level of negligence, that is, you had to do something wrong. Negligence involves a breach of a duty, such as, a driver has a duty to stop at a red light. A driver has a duty to yield the right of way.   A driver has a duty to maintain their speed within the posted speed limit. Failure to do one of these things could be found to be negligent. Secondly, the negligence has to contribute to causation in some way.  For example, it is wrong to drive without a driver’s license and insurance, but if a driver without a license or insurance is rear-ended while stopped at a red light, their failure to have a license or insurance did not contribute in any way to the causation of the wreck.  

Negligence of a driver is not attributed to passengers in their car. All a passenger has to show is that the other driver contributed in any way to causing the wreck do recover.  

Many adjusters try to “stretch” contributory negligence to deny liability. They are trained to get injured parties to make small concessions in a recorded statement, then use those concessions to deny claims based on an assertion of contributory negligence. By learning what most people get wrong after an accident you can avoid costly mistakes.

If you are injured in an accident, don’t give a recorded statement without having competent legal representation. Call our office at 334-673-1800 and schedule a free consultation with one of our attorneys so that you don’t inadvertently hurt your claim.