Dec
12
2017

How Fault Is Determined In An Auto Accident

At the heart of almost every Alabama auto accident is the concept of negligence. Determining fault and negligence after an accident typically influences how the victim pursues damages.

Car accidents are an unfortunate possibility for all drivers on the road. The state of Alabama’s laws protects victims’ rights. A driver or passenger injured in an auto accident might have grounds to file a car accident lawsuit. It’s important to select an experienced personal injury law firm to assist with your Alabama car accident claim.

Determining Fault in Alabama

According to Alabama state law, the court uses specific laws to determine the at-fault driver in a disputed car accident case. These negligence laws guide the court in establishing whether one party has a duty of care to the other, or if a party’s failure to provide the duty resulted in injuries.

If the court ascertains that one party is responsible for another party’s injuries, it will hold the party responsible for the resulting financial damages.

Alabama law follows “the doctrine of contributory negligence.” If the plaintiff shared any part in causing the car accident in any way, the defendant may use this information as a defense. The court then makes a determination: if both parties played a contributing role in causing the accident, the plaintiff’s financial compensation may be less.

When to Contact an Alabama Car Accident Lawyer

Recovery of financial damages after a serious car accident might not be simple or easy. The defendant’s insurance company probably won’t offer a fair financial payout. The negligent, at-fault driver might argue that the injured plaintiff is fully or partially to blame for the car accident.

Effective car accident lawyers take the necessary time to collect all the evidence to support the client’s claim. An experienced personal injury lawyer also knows how best to disseminate and present the facts.

In short, a car accident lawsuit involves many legal complexities. A seriously injured victim should reach out to an experienced car accident lawyer as quickly as possible.

Alabama negligence laws are often challenging to understand, but a knowledgeable Alabama personal injury lawyer will help you know how the law affects your case. If you were seriously injured in a car accident in Alabama, call a Birmingham car accident lawyer at Salter Ferguson, LLC at 205-408-4357 or contact us via our online contact form to get started with your case today.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

Personal Injury

Personal injury laws pertain to injuries caused by another's negligence. Our legal team has more than 30 years of combined experience and a long track record of success handling personal injury cases. Over the years, our attorneys have won billions of dollars in financial compensation for injury victims.

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Mass Torts

A mass tort is when a group of people are harmed in a similar manner by a negligent or wrongful act. A mass tort claim allows an entire group of similarly injured people to seek financial compensation as a group in the civil court system, even though the specific circumstances of their cases may differ.

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    Karen Salter is a registered nurse, and a former hospital manager. Her daughter, Carmen Ferguson, is a former insurance adjuster. Together, we have more than 30 years of legal experience to put to work on your case.

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