What Does Contributory Negligence Mean In Alabama For A Car Wreck Or Truck Wreck Case?
Contributory negligence is a favorite defense of nearly every defense lawyer who represents a car wreck defendant or a trucking defendant. It is a defense which if successful means that your case is over against that particular defendant. Only a couple of states have contributory negligence, and you guessed it, Alabama is one of them....
The basic idea is if you are even 1% at fault and the defendant is 99% at fault, you lose. You recover nothing. In most states there is a reduction of the award by the percentage you are at fault (and maybe at 50% there is no recovery) but in Alabama it is all or nothing.
This means that at the outset of the case and all through the case we must carefully consider all angles that the defendant will argue that you were even slightly at fault. This is yet another reason why it is so important to tell us (or whoever you hire to handle your car wreck or truck wreck case) all the facts and details so we can present your claim in the best possible manner.
While we are not fans of this law, it is the law so we deal with it the best way we can. There are strategies to use this law to our advantage in trying the case but those are beyond the scope of this introductory overview on contributory negligence.
Please contact us through this blog if you have any questions or comments.
