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What Is Contributory Negligence?
Contributory negligence is a legal doctrine that bars an injured party from recovering any compensation if they are found to have contributed in any way to the accident, even minimally. This means that if the injured party is determined to be even 1% at fault, they are not entitled to recover damages from the other party.
In Alabama, proving zero fault on the part of the injured party is necessary for them to recover any compensation in personal injury cases.
The Difference Between Contributory Negligence & Comparative Negligence
Alabama’s negligence law is unique to that of many other states due to the contributory negligence rule. Most other states follow a comparative negligence rule.
Contributory negligence: Bars plaintiffs from recovering compensation if they are found at fault for the accident in any capacity.
Comparative negligence: Allows plaintiffs to recover compensation even if they are found at fault for the accident, by reducing the total compensation they can receive by their determined percentage of fault (ex. 20% responsibility for the accident = 20% reduction of compensation).
How Does Contributory Negligence Work?
- Establishing Fault: The plaintiff (injured party) must prove that the defendant (at-fault party) was responsible for causing the accident or injury through negligence or wrongful action.
- Defendant Claims Contributory Negligence: The defendant or their insurance company may argue that the plaintiff’s own actions contributed to the accident.
- For example: The plaintiff was speeding, distracted, or ignoring traffic laws. The plaintiff failed to take reasonable precautions to avoid injury.
- Determining Contributory Negligence: If the evidence shows that the plaintiff’s actions did contribute to the incident in any way, even minimally, the doctrine of contributory negligence applies.
- Outcome: The plaintiff is completely barred from recovering damages, regardless of the defendant’s level of fault.
Exceptions to Alabama’s Contributory Negligence Rule
In Alabama, there are some exceptions to the contributory negligence rule where the injured party may still be able to recover compensation, despite being found partially at fault for the accident.
If the defendant had the last clear chance to avoid the accident but failed to do so, the plaintiff may still recover compensation.
For example: A pedestrian crosses the street negligently, but a driver sees them in time to stop and fails to do so. The driver may still be held liable under this doctrine.
If the plaintiff took reasonable action to avoid an unexpected and immediate danger, their fault in the accident may be excused or mitigated. This requires demonstrating (1) the sudden nature of the emergency and (2) that the response was reasonable.
For example: A car driving in front of the plaintiff suddenly slammed on their brakes, causing the plaintiff to swerve into the other lane in order to avoid the collision.
Contributory negligence does not apply if the defendant’s behavior is determined to be intentional, willful, or wanton.
For example: A truck driver intentionally runs a red light and hits another vehicle. Even if the plaintiff in the other vehicle was speeding, the truck driver’s reckless behavior would override contributory negligence.
Courts may not hold children or individuals with diminished capacity to the same standard of care as an adult.
For example: A child darting into the street may not be held contributorily negligent in the same way an adult would be.
Contributory negligence typically does not bar injured parties from compensation in product liability cases.
For example: If a vehicle is found to have faulty brakes, even if the driver made a minor error, contributory negligence laws would likely not keep the driver from securing compensation.
If the defendant violated a safety law specifically designed to protect the injured party, contributory negligence may not apply.
For example: If a driver fails to yield to a pedestrian crossing the road in a marked crosswalk. Even if the pedestrian was being slightly inattentive, the driver’s violation of the traffic laws would likely override contributory negligence.
In some cases, courts may consider the gross disparity between the negligence of the plaintiff and the defendant.
For example: If the plaintiff’s fault was very minor (ex. failing to use a turn signal) compared to the defendant’s reckless driving (ex. speeding through a red light while intoxicated), a court may find grounds to limit the application of contributory negligence.
Types of Negligence in Alabama
In Alabama, negligence is generally defined as the failure to take reasonable care to avoid causing injury or loss to another person. There are several types of negligence recognized in Alabama law, including simple negligence, gross negligence, and contributory negligence.
- Simple negligence might involve a momentary lapse in attention, such as a driver accidentally running a stop sign.
- Gross negligence is a more severe form that shows reckless disregard for the safety of others, such as driving at high speeds in a school zone.
- Contributory negligence occurs when the plaintiff’s own negligence plays a role in causing their injury.
How to Avoid Contributory Negligence in Your Personal Injury Case
Avoiding contributory negligence in your personal injury case is key to securing compensation. Here are some practical ways to avoid contributory negligence and strengthen your case:
- Avoid Admitting Fault: Refrain from making any statements that could be interpreted as taking responsibility for the accident (apologizing, speculating how the accident happened, outright admitting to making a mistake, etc.). These statements can and will be used against you. This includes your social media posts!
- Document Everything: Gather evidence at the scene (photos/videos, injuries, road conditions, police report, etc.) and keep track of all related medical records.
- Seek Immediate Medical Attention: Get medical treatment right away and follow your doctor’s recommendations. Delays in seeking treatment or failing to follow medical advice can be used to argue that your injuries were not serious, or made worse by your own negligence.
- Avoid Speaking to Insurance Companies Without Legal Counsel: Direct all communication with insurance companies to your attorney. Insurance companies will often try to elicit statements that can be used to assign fault to you.
- Follow the Law: Ensuring that you are following all relevant laws is the best way to avoid contributory negligence.
- Hire an Experienced Alabama Personal Injury Attorney: Consult with a skilled personal injury attorney as soon as possible. An attorney can help gather evidence, navigate legal complexities, and counter any contributory negligence claims against you.
What If I Am Responsible for Contributory Negligence? What Should I Do?
If you believe that you are responsible for contributory negligence, it’s still important to follow the guidelines above.
If you do not believe your case falls under one of the common exceptions, you could still be in luck.
While Alabama follows a strict contributory negligence law, it also recognizes the harsh effects of contributory negligence. Therefore, even if you were somewhat at fault for your injuries/accident, you may still be able to recover damages.
Successfully applying either of these doctrines relies on factual evidence and can be complex. Given the intricacies involved, consulting with an Alabama personal injury attorney is advisable.
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Why Having a Lawyer Helps Avoid Contributory Negligence
Due to the strictness of Alabama’s contributory negligence law, having legal representation is particularly important. A lawyer can help navigate the complexities of negligence laws and work to prove that you were not at fault for your injury. Without a lawyer, the chances of recovering damages can be significantly reduced due to the stringent requirements of proving you were 0% at fault.
If you’re unsure whether you’re eligible to receive compensation after an accident, contact a personal injury lawyer at Long & Long Injury Attorneys. Whether you’re in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, or the surrounding areas, we can help you navigate the legal process. Contact us to discuss your case for free.