How is Fault Determined in an Alabama Auto Accident?

In Alabama, they determine who is at fault for an auto accident when they decide who is negligent. When asking what a responsible person would do in a circumstance, say driving, the negligent individual did not do that. They did not act reasonably but rather with reckless disregard for the safety of others.

Fault is subjective. Everyone involved in an accident thinks the other guy caused it, and his insurance adjuster will challenge your belief that the other driver caused your Alabama auto accident.

That’s why you need proof to win your case. Your Alabama Auto Accident Attorney, Chip Nix, has decades of experience gathering evidence to bring you the compensation you deserve to get on with your life.

Determining Fault in an Auto Accident Case

Alabama is an “at-fault state” when it comes to car accidents. Many other states have a no-fault system, which means insurance pays regardless of who caused the accident. As a fault state, the Alabama driver who caused the collision will be held financially responsible.

Attorney Nix will consider many factors in determining fault for an auto accident.

• First Responders – The police who responded to the scene made a report. In doing so, they talked to both drivers; police looked at the skid marks on the road, and they interviewed any witnesses. In some cases, police obtained video footage recorded by street cameras.
• Insurance – Insurance adjusters from both sides also determine who is at fault, again looking at skid marks, how the cars eventually came to rest, road conditions, witness reports, vehicle damage, and any construction in the area.
• Evidence – If you have one, a dashboard-mounted camera (dashcam) provides the documentation you need to prove your involvement in the case. Be sure to check if the other driver or drivers had a dashcam. Additional evidence includes witness reports, skid marks on the streets, and an examination of both vehicles involved in the accident. The marks on the cars can tell the story of how the accident happened. 

Based on the evidence from the accident, we may need to call in an expert witness to testify about what happened at the scene. 

Determining fault will include those factors that put together a picture of the driver who did not act reasonably and responsibly, who was negligent, and whose negligence caused the accident.

Attorney Chip Nix will seek compensation for your losses, including medical bills, car damage, rehabilitation, lost wages, now and in the future, pain and suffering, and long-term injuries.

The at-fault driver’s insurer will often pay these costs, covered under their underinsured motorist, collision, and comprehensive coverage. 

Alabama’s Legal Standard for Fault

As one of a handful of states, Alabama follows the legal standard of pure contributory negligence when evaluating fault for a car accident. In layperson’s terms, if you contributed any amount to the accident, say you didn’t have your turn signal on, for example, then you are precluded from collecting damages.

Undoubtedly, the other side will accuse you of contributing to your own accident. That way, they can avoid compensating you for your losses, even if the other driver, the at-fault party, was negligent. 

Your Alabama Auto Accident Attorney

Attorney Nix reminds you that under Alabama law, you have two years from the crash date to file a lawsuit against the negligent party. Litigation and a trial may be the last resort if the insurance adjuster for the other side disagrees that his side caused the accident.

Now is the time to seek the help of an experienced, compassionate professional. Mr. Nix has seen all of Big Insurance’s tactics to avoid compensating you. This is not a time to try and negotiate with the insurance adjuster for the other side. He may make an offer, but it is designed to make you go away.

After a complimentary consultation, Attorney Chip Nix can help you file your claim and negotiate with the other side’s insurance provider. If they refuse to settle your claim, Mr. Nix will be your ally in preparing your case for trial. 

Alabama Auto Accident attorney Chip Nix can be reached at his Montgomery office at (334) 203 6669. He will help you decide your options moving forward.