Does Alabama use contributory negligence?
Does Alabama use contributory negligence?
Yes. Alabama follows pure contributory negligence, a driver found even slightly at fault for a crash, as little as 1 percent, can be barred from recovering damages from the other driver entirely.
Where does this rule come from?
In Golden v. McCurry, 392 So. 2d 815 (Ala. 1980), the Alabama Supreme Court affirmed this rule for a driver stipulated to be only 1 percent at fault, and left any change to the legislature. Alabama is one of a handful of states that still use this strict standard instead of a comparative-fault approach.
What does this mean in practice after a crash?
A driver who is even minimally at fault, running a slightly stale yellow light while the other driver was speeding, for example, risks recovering nothing at all, not a reduced amount. That all-or-nothing structure is stricter than a system that simply reduces an award by the claimant's share of fault.
What should a driver do given this rule?
Because an at-fault driver's own insurance is not a guaranteed path to being paid, uninsured and underinsured motorist coverage on your own policy becomes more important in Alabama than in a state with comparative fault. A coverage review can confirm your own coverage accounts for this. See Alabama auto insurance for more.
