Alabama Comparative and Contributory Negligence
Comparative negligence allows an injury victim to seek compensation for any
part of his or her injury that wasn't their fault. For example, if you are involved
in a car accident and you are partially at fault for that accident, you can
still seek damages from the other parties who were also at fault for your
injuries based on their percentage of fault.
Contributory negligence is a defense that can prevent victims from
collecting any compensation for an accident for which they are in any way to
blame. "Pure contributory negligence" does still exist in some states
- meaning that if a victim is found in any way at fault for his or her personal injury,
the victim cannot collect any compensation from other parties for the injury.
This defense has been modified in many states so that a victim who is less
than 50% at fault for his or her accident can still seek compensation for
injuries.
"Pure comparative negligence" is kind of the opposite of pure
contributory negligence - it allows a victim of injury who may have been mostly
responsible for the accident to collect damages from the parties that were less
at fault for the injury. "Modified comparative negligence," however,
allows a victim to recover only if their fault level is below a certain
percentage.
Laws about comparative and contributory negligence vary widely state by
state. It's important to know how these laws can affect your injury lawsuit.
Alabama's Law
Alabama is a state that uses the "pure contributory negligence" statute. This means that in Alabama, if you are found to be in any way at fault for your accident, you cannot collect compensation for your injury.
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The above synopsis of Alaska negligence laws is by no means
all-inclusive and has been adapted from applicable state laws. This is for
informational purposes and is not legal advice. These laws may have changed
since our last update and there may be additional laws that apply in your
situation. For the latest information on these laws, please contact a local
Alaska personal injury lawyer.