After a car crash, the insurance company may sound friendly at first. Then the adjuster starts asking questions:
Were you speeding? Were you distracted? Did you see the other car? Could you have braked sooner? Were you wearing a seat belt? Did you have your headlights on?
These questions are not random. In Alabama, even a small accusation of fault can become a major issue.
Alabama Does Not Use Ordinary Comparative Fault
Many states use a term called comparative negligence, a legal term that means an injured person’s recovery is reduced by their percentage of fault.
Alabama is different. Alabama follows a contributory negligence model, meaning if an accident victim is even one percent at fault and that fault contributed to their injuries, they cannot recover anything.
That means an insurance company may try to argue that you were partly responsible so it can reduce the value of your claim — or deny it entirely.
The Insurance Company’s Opinion Is Not the Final Word
An adjuster may say you were “partly at fault,” but that does not make it true. Insurance companies are businesses. They may rely on incomplete police reports, selective witness statements, assumptions about vehicle damage, or questions designed to get you to say something that hurts your claim.
Evidence That Can Fight a Partial-Fault Claim
If the insurance company is blaming you, evidence becomes critical. Helpful evidence may include:
- Crash scene photos showing lane positions, debris, skid marks, traffic signs, sight lines, and damage
- Vehicle damage photos showing impact angles
- Dashcam footage, traffic camera footage, business surveillance, or doorbell video
- 911 calls and dispatch records
- Witness statements
- Cell phone evidence, if distraction is alleged
- Medical records showing the timing and nature of your injuries
It is also important to preserve your own credibility. Do not guess. In the South, we have a tendency to apologize just to be polite. Do not do this. Do not agree that you “might have” done something wrong if you are not sure. Do not give a recorded statement without legal guidance.
Do Not Let the Insurance Company Frame the Story
If the insurance company is blaming you, it may be trying to create a defense before all the facts are known. Alabama Personal Injury Lawyers, LLC can investigate the crash, preserve evidence, speak with witnesses, review vehicle data, analyze the police report, and respond to unfair fault allegations.
Talk to an Alabama Car Crash Lawyer
Being accused of partial fault in Alabama is serious. But it does not automatically mean you lose your case.
At Alabama Personal Injury Lawyers, LLC, we help injured people across Alabama fight back when insurance companies blame them for crashes they did not cause. Contact us for a free consultation.