After a car accident, you may experience many worries and have plenty to do.
Unless it’s obvious, one of the most important things you are left to do is determine who was at fault in the accident.
You’ll seek medical treatment, deal with the insurance companies, and possibly face various expenses.
Determining who is at fault in a car accident can make all the difference in your case.
How Is Fault Determined in a Birmingham Car Accident?
It is not always evident who is the at-fault party in a car accident.
It may require an investigation to determine who was truly at fault.
At the scene of the accident, police officers will make their preliminary investigation to determine the primary collision factor.
They will then use all information collected for their police report.
Aside from the police report, your attorney can use various tools to help determine fault. These include:
- Photos and evidence from the scene of the accident;
- Surveillance camera footage; and
- Eyewitness statements
Determining who is at fault is crucial when filing a claim and attempting to receive compensation for your injuries.
Can You Share Fault in an Accident?
Yes, you can share fault in an accident. Alabama operates under a contributory negligence standard.
This means that if a party is at fault—even if they slightly contributed to the accident—they cannot claim damages.
For example, if you hit a pedestrian crossing the street, you may initially be deemed the at-fault party.
But if the pedestrian was distracted on their phone while attempting to cross the street and did not have the right of way, they would be assigned contributory negligence.
Therefore, you would not have to pay damages.
After a car accident, the other party may claim a shared fault to avoid paying damages.
An attorney can help you with this.
What Is Minor Fault?
Insurance companies will go to great lengths to avoid paying an injured party.
Many times they will try to assign minor fault.
As previously stated, because Alabama is a contributory negligence state, even the slightest contribution to the accident could mean zero compensation.
If this occurs, you must contact a car accident attorney.
An experienced attorney will know how to handle your case best and fight against the insurance company.
Contact a Birmingham, Alabama Car Accident Attorney
After a car accident, an attorney is your best ally.
Determining fault can be challenging and involved, but an experienced car accident attorney knows how to handle this material aspect of your case.
Fob James Law Firm has over 40 years of experience, offering clients the absolute best service.
We are dedicated to helping clients injured in car accidents obtain just compensation and the best possible outcomes.
Contact us today, and let’s see how we can help you.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.