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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 proven to be even slightly at fault, their right to recover damages from the other party could be jeopardized. In Alabama, proving zero fault on the part of the injured party is necessary for them to recover any compensation in personal injury cases. This is why it’s beneficial to work with a lawyer, as they can build a strong defense on your behalf.
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 proven to share any fault in the accident.
- 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 collision and 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.
It’s important to note that just because you are accused of sharing fault, that does not bar you from recovering damages. The defense must prove that your negligence was a partial cause of the accident. If they cannot prove you shared fault, you are still eligible to pursue compensation for your injury.
Having a personal injury lawyer on your side can defend you from false accusations of contributory negligence. They’ll investigate and gather evidence to build a strong case, showing that you were not at fault. However, evidence can disappear quickly after an accident, so the sooner you speak to a lawyer, the better.
Long & Long Injury Attorneys offers free case reviews, and we work on a contingency fee basis which means we don’t get paid unless we win compensation for you. Our legal fees are deducted from your settlement at the end of your case. Reach out to us learn your legal options and how we can help you.
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How to Avoid Contributory Negligence in Your Personal Injury Case
Insurance companies don’t want to pay you, and they will do whatever they can to minimize or deny your claim. Anything you say could be used against you to argue you shared fault. 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 of injuries or road conditions, a copy of the 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.
- Hire an Experienced 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.
The team at Long & Long Injury Attorneys has over 200 years of combined legal experience and we’ve defended countless injured Alabamians facing contributory negligence allegations. We know how to push back and present the facts of the case to counter any false accusations of shared fault. 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.