A car accident is one of the worst ordeals you’ll ever have to deal with. Even if you didn’t sustain serious injuries, dealing with insurance companies and determining who is at fault can be tedious and stressful. One of the hardest parts, however, is proving fault in an accident, especially when liability is disputed.

If you want to make a claim to get compensated for an accident that wasn’t your fault, you have to prove that it wasn’t your fault. There are a lot of factors to consider in this endeavor, so it’s best to be prepared. Learn everything you need to know about proving fault in an accident and how an experienced personal injury lawyer can help strengthen your claim.

Who’s Legally Liable?

Legal liability for an accident predominately abides by a simple rule of thumb. If one person was more careless than the other in an accident, the more careless person has to pay. The amount of damages compensated by the more careless person varies from case to case, but that’s the general idea.

Several other factors come into play as well when determining legal liability. Fault can be directed towards parties who weren’t directly involved in the accident such as an employer whose employee crashed while making a work call or a property owner whose poorly constructed property caused an accident. An accident liability lawyer can help identify all potentially responsible parties to maximize your compensation options.

How Fault Is Determined in Alabama

Alabama follows a contributory negligence rule, which is stricter than most states. Under this legal standard, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This makes proving that the other party was entirely or primarily responsible critical to the success of your claim.

Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction can all play a role in establishing fault. Working with a proving fault in an accident lawyer ensures that all available evidence is gathered, preserved, and presented effectively to support your case.

Liability Among Multiple Parties

In some cases, there are more than two parties involved in an accident. When multiple parties are at fault in Alabama, you can pursue compensation from any one or all of the responsible parties under the state’s pure joint and several liability doctrine. While this may seem like a downside at first, there are actually a few advantages when multiple people are at fault.

When there is more than one liable party in Alabama, you are generally entitled to recover the entire cost of your injuries from any one or all of the liable defendants (pure joint and several liability). However, unlike many states, Alabama does not allow contribution among joint tortfeasors, meaning a defendant who pays the full judgment generally has no legal right to seek reimbursement from the other liable parties. The plaintiff controls which defendant(s) to pursue for payment. If one of the responsible parties doesn’t have insurance, you can pursue those who do to ensure you get what you’re owed. A multiple parties at fault lawyer can navigate these complex scenarios and help you pursue the most viable recovery path.

What if You’re Partially Careless?

Because Alabama applies contributory negligence, even minor carelessness on your part can jeopardize your entire claim. Insurance companies and defense attorneys often try to shift blame onto the injured party to avoid paying damages. That’s why it’s essential to work with an injury lawyer who understands how to counter these tactics and protect your right to compensation.

Imagine you’re going slightly over the speed limit in a residential neighborhood and a kid chases a ball that rolled in front of you causing you to slam the brakes. The driver following you isn’t able to stop in time and hits you. While they should have maintained a safe distance, you still should have been going slow enough to stop without slamming your brakes since you were in a residential neighborhood. In Alabama, the other driver’s insurance company may argue you contributed to the accident, which could bar your recovery entirely, even if the rear driver was primarily at fault.

Common Types of Evidence Used to Prove Fault

Proving fault requires more than just your word. An accident claim lawyer will gather and analyze multiple forms of evidence, including:

• Police reports and official accident documentation
• Eyewitness testimony from those who saw the collision
• Photos and videos from the accident scene
• Traffic camera or dashcam footage
• Medical records linking your injuries to the accident
• Expert testimony, such as accident reconstruction specialists

The stronger your evidence, the more difficult it becomes for the other party to dispute liability. A personal injury attorney will know which evidence is most persuasive and how to present it to insurers or in court.

Alabama Personal Injury Lawyer

Proving fault in an accident is incredibly tough especially considering all the factors that go into determining how much you’ll be compensated. If you want results you can count on, you’ll need a dependable personal injury lawyer. Andy Citrin Personal Injury Attorneys is happy to help. Our experienced professionals have a nearly 30-year long history of successes all across Alabama. Contact us today for a free consultation. Remember, if we don’t win, you don’t owe us a thing.