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Strict Contributory Negligence Rule Means Rougher Road for Truck Accident Victims


— March 25, 2022

Even if the causes of the accident are crystal clear and you didn’t do anything wrong, you still need a seasoned lawyer to investigate the circumstances.


Birmingham, AL – Truck accidents represent only roughly 10% of all the crashes nationwide, but they are by far the most dangerous due to the sheer difference in weight and size between a large commercial vehicle and a passenger car. And it is usually the occupants in the passenger car that suffer the consequences. They often sustain catastrophic injuries which require prolonged medical care. This means huge bills, but recovering damages can be very difficult in Alabama, which uses the very strict contributory negligence rule. To maximize your chances of recovery, you should enlist the help of an experienced Alabama truck accident lawyer as soon as possible. 

Why do I need a truck accident lawyer in Alabama?

If the circumstances of your accident are unclear, even a little bit, you need to have a good attorney by your side. In fact, it is preferable to let them handle all communication with the insurance company.

Most states use the comparative negligence rule which allows drivers to recover damages even if they are partly to blame for the crash. In Alabama, this is not possible. According to the contributory negligence rule, if it is determined that you were even 1% to blame for the accident, that’s it, you don’t get any damages at all. When you have a significant claim, you can bet the insurance company will look for any pretext to deny your claim.

Lady Justice; image by Tingey Injury Law Firm, via Unsplash.com.
Lady Justice; image by Tingey Injury Law Firm, via Unsplash.com.

Make sure you don’t give them any recorded statements and don’t sign any papers without a skilled Alabama truck accident lawyer present. If you admit to the slightest wrongdoing or distraction, the insurance adjuster will use it to deny your claim and you don’t stand much of a chance in court either, unless your lawyers can come up with something serious enough to accuse the other driver of wanton behavior, which would qualify as an exception to the contributory negligence rule.

How is liability determined in a truck accident?

Even if the causes of the accident are crystal clear and you didn’t do anything wrong, you still need a seasoned lawyer to investigate the circumstances of the accident. As opposed to regular car collisions, in a truck accident you may have multiple parties liable for damages. The police report might say it was the trucker who was responsible for what happened, but your lawyers will want to see whether they can build a case against the trucking company, the manufacturer of a defective part, or those responsible for loading the truck.

What you need to keep in mind is that a trucker only has a liability coverage of $25-30,000, which might not be enough. However, trucking companies, especially those operating across state lines, are required to carry at least $750,000 in insurance liability. When you have a lot of damages to recover, you need to know who you can get it from.

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