Right after a car accident, there are a lot of things to worry about and consider. It is important to seek medical attention if necessary and to contact law enforcement while remaining at the scene of an accident. Once the dust clears, however, a very important question typically arises, which is “Who is at fault? And what does it mean?” The term “fault” is very important when dealing with a car accident in Alabama, for two different reasons: insurance and receiving damages.
Alabama is a “fault” state when it comes to dealing with insurance after an accident. This means that who is at fault in an accident comes into play when figuring out who’s insurance will pay for damages. In a “no-fault” state, after an accident a driver files a claim with their own insurance company to pay for damages. In a “fault” state like Alabama, however, the driver typically files a claim with the driver who is responsible for the accident.
This can involve quite a lot of paperwork and often requires dealing with another driver’s insurance company. It is a good idea to talk to a lawyer who specializes in automotive accident law before trying to handle an insurance company. An experienced lawyer can help explain things and make sure your rights are protected when dealing with insurance.
If you are injured or your vehicle is damaged and you plan on bringing a civil suit against the other driver, then it is very important to understand that Alabama is a “contributory negligence” state. In Alabama, if you are in any way responsible or at fault for an accident, then you cannot collect damages for that accident. This means that if you are texting and look down from the road for a moment, then collide with another vehicle, you cannot collect damages from the other driver because you are at least partially at fault. Even if the other driver is intoxicated and speeding, you cannot receive damages because you contributed to the accident.
Most other states in the US have “comparative fault” laws that let you receive damages based on how much of the accident the other person was responsible for. But in Alabama, it is very important that you prove that you were in no way responsible for a vehicular accident. If you or a loved one has been in a car crash, then call the Birmingham car accident lawyers at Guster Law Firm, LLC today. We can help protect your rights and work to prove that you are not at fault for the accident. Contact us at (205) 386-6844