One of the many battles you may face after a car accident is determining who was at fault. Proving liability is a critical component of every car accident claim in Alabama. Alabama follows a unique legal doctrine known as "Contributory Negligence," which could potentially affect your recovery. Understanding this process can affect the success of your personal injury claim, which is why having experienced Alabama car accident lawyer, Stephen Thompson, by your side is crucial.
When it comes to assessing liability in car accidents, Alabama is one of the few states still following the "contributory negligence" doctrine. This rule states that if you are even 1% at fault for the accident, you cannot recover damages. So, even if the other party is found to be predominantly responsible, any small amount of fault attributed to you could prevent you from collecting compensation.
Collecting Evidence
The first place to start when proving fault in a car accident is gathering evidence. This can include photographs of the accident scene, including vehicle damage and road conditions, witness statements, police reports, and medical records that clearly connect your injuries to the accident.
Role of The Police Report
The police report plays a key role in determining liability. It includes detailed information about the accident scene, statements of drivers and witnesses, and the police officer’s professional perspective on who may have violated any traffic law. However, it’s vital to note that the police report does not make a final decision on liability, it just aids in the investigation.
The Part of Alabama Car Accident Laws
Alabama state laws may play a decisive role in car accident claims. Traffic laws, also known as "The Rules of The Road," are codified in Alabama's codebooks under Title 32. Violation of these rules can be strong evidence of negligence. For instance, if a driver runs a red light in violation of Alabama Code § 32-5A-32 and causes an accident, that violation would be evidence of negligence.
How Insurance Companies Determine Liability
Insurance companies often play a crucial role in determining liability. They analyze all the evidence, apply Alabama law, and consider potential contributory negligence. They will assess damage patterns, review claimed injuries, and sometimes even recreate accident scenarios. From this analysis, carriers often assign a degree of fault to each driver involved. However, these determinations can be challenged with the help of a skilled attorney like Stephen Thompson.
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Your case's success significantly depends on the ability to demonstrate that the other driver's negligence caused the accident. Given the complexities of Alabama's contributory negligence rule, strategic legal representation is vital. A knowledgeable attorney understands the nuances of local laws, knows how insurance companies operate, and also has the resources to gather reliable evidence.
Stephen Thompson has years of experience representing Alabama residents in car accident claims. He understands the ins and outs of contributory negligence law and uses his comprehensive knowledge to build a strong case for his clients. Thompson also vigorously challenges any attempt by insurance companies to unfairly attribute any portion of fault to you.
In Alabama, determining liability in a car accident injury claim can seem daunting due to the contributory negligence rule. Without the right representation, you might face significant obstacles to obtaining the compensation you deserve. With an experienced car accident lawyer like Stephen Thompson on your side, you increase your chances of a successful claim.
Secure your right to fair compensation today by consulting Stephen Thompson, a trusted and experienced personal injury attorney in Alabama. Together, we can fight for justice and ensure the responsible party is held accountable for their actions.
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During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:
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