Holiday Car Wreck? Know Alabama Laws.

Allen Ritchie • July 8, 2024

Question: Car wreck trouble over the 4th in western Mobile, AL. Now What?

JASON: Here are 4 crucial laws you must understand. They are Alabama law and could significantly impact your case.

Number 1.

We are an at-fault state. This means if you caused the accident, you are responsible for paying for all the damages. That includes medical care, repairs to the other car, and even expenses like lost wages. Mississippi is a similar at-fault state. However, Florida is not. In Florida, you file a claim with your own insurance company, no matter who is at fault. Now, I am not a Florida attorney, though I do have a license to practice in Alabama and Mississippi.

Number 2.

It’s essential to understand Alabama’s contributory negligence law. Even if you’re just 1% at fault, you may not be able to collect any money. Therefore, do not admit any blame. Now, it’s different in Mississippi and Florida. There, your payout is reduced based on your percentage of responsibility. For instance, if you’re 10% at fault, your award is reduced by 10%.

Number 3.

In Alabama, even if the other driver is doing something wrong, you still have a responsibility to exercise ‘reasonable care’ in the driving of your own car.  If you fail to do so, the law could hold you responsible for some, if not all of the damages. Also, you have a responsibility to other drivers to follow the rules of the road. For example, driving under the speed limit and using your blinkers when turning or changing lanes.

Number 4.

You generally have only two years to file a lawsuit for a car wreck in Alabama. After that time, you are past the statute of limitations and will collect nothing. Now, filing a lawsuit doesn’t mean you will have to go to court. It continues the case past two years if that time is needed.

Although this is not legally required, let me suggest you get seen by a medical professional. You will need that evidence to prove your injuries. Just saying you are hurt is never enough.

Car wrecks in and around Mobile and Baldwin Counties seem to be on the increase, and of course, they are always on the rise around a holiday. Call us if you have concerns. The call will cost you nothing. I would do it quickly. As time passes, evidence can easily disappear, and witnesses can become more difficult to locate.

Jason Steele

Talk to me for free    (251) 666-1212 

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