{"id":371350,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-negligence-laws.html"},"modified":"2023-01-06T10:25:21","modified_gmt":"2023-01-06T15:25:21","slug":"alabama-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-negligence-laws.html","title":{"rendered":"Alabama Negligence Laws"},"content":{"rendered":"\n
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Alabama Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Let’s say you were changing lanes on I-65, and the car that was speeding in the lane next to you collided with your truck. If you get injured, who is at fault? And could you file a lawsuit based on negligence? This is an introduction to negligence laws in Alabama.<\/p>\r\n

General Negligence Law<\/h2>\r\n

Negligence cases are the legal system’s attempt to determine who is to blame for injuries resulting from an accident. The first step is figuring out if one person has a duty of care to another and whether they failed in fulfilling that duty. If so, that person might be liable for any injuries that result from their lack of care. In the example above, because the car was speeding, the driver of the car may be at fault.<\/p>\r\n

Under Alabama law, however, there is a doctrine known as \u201ccontributory negligence," which can be a defense if the plaintiff, which in this example would be you, contributed to the accident. Let’s say you failed to use your blinker or look over your shoulder when you were changing lanes. If you were also negligent in the accident, this could bar recovery under the law.<\/p>\r\n

Negligence Laws in Alabama<\/h2>\r\n

Each state has its own negligence laws<\/a> based on its particular civil justice system. Negligence laws in Alabama are highlighted in the table below.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a711-93-1 et. seq.<\/a> of the Alabama Code<\/p>\r\n<\/td>\r\n<\/tr>

Comparative Negligence<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

Plaintiff’s negligence is a bar to recovery. Contributory negligence is an affirmative defense. (ARCP, Rule 8(c)) Jackson v. Waller, 410 So.2d 98 (1982)<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

No. Gobble v. Bradford<\/i>, 147 So. 619 (1933).<\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Negligence Cases<\/h2>\r\n

If you do take an accident case to court, there are several elements of a negligence case<\/a> you must prove in order for the claim to be successful:<\/p>\r\n