If you were recently in a car accident in Alabama, you may believe it is very clear who was at fault. However, in the world of insurance and the law, many factors come into play, and the question may not be as straightforward as it first appears. When a dispute arises, you need an accident lawyer to protect your interests. In this article, we’ll discuss how fault is determined after a car accident, and what steps you should take.

What Factors Determine if You or the Other Driver Were at Fault

Police, insurers, accident investigators and state regulators all have a say in how fault gets assigned. Police try to determine the primary collision factor, or the main cause of the accident, and which driver was primarily at fault. Accident investigators look at the cars involved and the crash site to analyze the placement of the damage, skid marks, and other data. Eventually, insurers determine their view of who was at fault, and from that, they identify who they think should pay and how much. Often, the police report carries the most weight in the ultimate determination of fault.

The Self Law Firm can help you get every penny you deserve.
Call 205-647-1000

What if I Was Partially at Fault?

Alabama applies a legal standard of pure contributory negligence for car accidents. This means that if a party is at fault—even 1% at fault—that party cannot claim damages from the other party. Naturally, a defendant in a car accident case will do his or her best to prove that the victim contributed even in a small way to the harm that he or she suffered. In a possible example, if a driver hits a pedestrian at a crosswalk, if the driver can show that the pedestrian walked into the street against the light, the driver may not have to pay damages, even though he or she is also at fault for not having been alert to a crossing pedestrian.

How Insurance Works

Following a car accident in Alabama caused by another driver, you can seek compensation from the at-fault driver’s insurance provider. If the at-fault driver’s insurer agrees that he or she was at fault, that insurer will typically pay for all the damages. If a satisfactory settlement cannot be reached, the injured party may bring a personal injury lawsuit against the other driver in some cases.

In general, you can receive various types of compensation for a car accident: MedPay (for driver and passengers’ medical costs), underinsured motorists coverage if the at-fault driver was not well insured enough to cover all damages), collision coverage for damage to the vehicle, or comprehensive coverage for damage not done by another vehicle. Of course, there are often disputes when it comes to fault, and the amount of any compensation. A good lawyer can help you handle negotiations with the insurance companies, and protect your right to fair compensation for all damages.

How a Lawyer Can Help

The Self Law Firm can help you get every penny you deserve.
Call 205-647-1000