Learn the Alabama laws used by police and car insurance companies to determine driver fault.
Alabama has a fault-based liability system for car accidents and other personal injury cases. In this system, injured victims can seek compensation directly from the at-fault party.
Most car accident claims are settled by the at-fault driver’s insurance company. Alabama law requires drivers to carry bodily injury liability coverage of no less than $25,000 per person and $50,000 per accident. Higher coverage limits are optional.
Fault-Based Liability
Alabama follows the third-party liability rule. It says that car accident victims can pursue a claim against the at-fault driver instead of using their own insurance coverage. In states that follow the no-fault rule, injured drivers must first turn to their own auto insurance policy for injury compensation.
You have 3 options when injured by a negligent driver in Alabama:
- File a car accident claim with the at-fault driver’s insurance company
- File a car accident claim with your own insurance company
- File a personal injury lawsuit against the at-fault driver
Because Alabama is a third-party fault state, you would only file a claim with your own insurance company in limited circumstances. You must have purchased certain optional coverages, such as MedPay, or uninsured/underinsured motorist coverage.
Alabama Shared Fault Rules
Alabama is one of only five states in the U.S. with pure contributory negligence laws. This means you can be barred from pursuing compensation if you share as little as 1% of the blame for causing the accident.
Alabama Contributory Negligence Case Law: A.R.C.P. § 8c, Jackson v. Waller
Insurance companies in Alabama scrutinize auto accident claims for any hint of shared fault so they can deny compensation. Don’t give up if the insurance company is trying to shift blame for the accident to you. The insurance adjuster doesn’t get to have the last word on allocating fault.
If you don’t agree with the insurance company’s decision, contact an Alabama car accident attorney.
Most personal injury attorneys offer a free consultation and case evaluation. They typically agree to work on a contingency fee basis, meaning your attorney only gets paid if they win compensation for you.
Rear-End Collision Liability
The driver of the rear vehicle is usually at fault in a rear-end collision, even when the driver in front slams on the brakes.
Drivers in Alabama must not follow another car too closely and must allow a distance of at least 20 feet for every 10 miles per hour of traveling speed. If you are traveling at 40 miles per hour, you must stay at least 80 feet behind the vehicle you are following.
The driver of a motor vehicle shall not follow another more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Except when overtaking and passing another vehicle, the driver of a vehicle shall leave a distance of at least 20 feet for each 10 miles per hour of speed between the vehicle that he or she is driving and the vehicle that he or she is following.
When roads are slippery or visibility is reduced, a “reasonable and prudent” driver should allow even more distance to provide ample time and distance to stop if necessary.
Example: Following Too Closely Leads to Crash
Jennifer had a long day at work and was heading home to Hartselle. It was starting to get dark when two deer ran into the road. Jennifer slammed on her brakes, and had just come to a full stop, avoiding the deer, when a violent impact slammed her body forward and back again. Her car had been rear-ended.
Chris was also on his way home from work, and had been following Jennifer’s car for a few miles at the posted speed limit of 45 miles per hour. Chris did not expect to see brake lights flash in front of him, and barely had time to react. He hit his brakes, but could not stop before crashing into the back of Jennifer’s car.
Chris was following too closely behind Jennifer’s vehicle to allow him adequate time to stop at the speed they were traveling. He is therefore liable for Jennifer’s damages.
Fault for Accidents Caused by Turning Drivers
Any Alabama driver turning left into oncoming traffic is at fault for causing an accident. The driver of a vehicle intending to turn left must yield to any vehicle approaching from the opposite direction.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
Similarly, when two drivers arrive at a 4-way intersection at the same time, the law requires the driver on the left to yield the right of way to avoid causing a car crash.
When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Example: Left Turn Into Oncoming Traffic
Madison was driving three of her friends from Cullman to Decatur for a baby shower. Madison was on US 31 as she approached the intersection of 14th Street, intending to turn left. As she neared the intersection, Madison saw the light was green and sharply turned left without stopping or looking.
Oncoming traffic also had the green light. Madison’s SUV crashed into the driver’s side front of Kimberly’s sedan, sending both cars spinning. Kimberly and two of Madison’s passengers were transported to the hospital with serious injuries.
Madison is liable for the injuries suffered by her passengers and the other driver because she failed to yield to oncoming traffic before turning left.
Broadside or T-Bone Accident Fault
Any Alabama driver who causes a side-impact accident by running through a stop sign or yield sign is at fault.
- STOP signs: Drivers must come to a full stop at stop signs and yield the right of way to cars already in the intersection or approaching from another direction.
- YIELD signs: Drivers approaching a yield sign must slow down and stop if necessary. After slowing or stopping, the driver must yield the right-of-way to any vehicle in the intersection or approaching the intersection.
Alabama accident law states that failure to obey a stop or yield sign is prima facie evidence (legally factual unless disproven) of a driver’s fault in causing a collision.
Except when directed to proceed by a police officer every driver of a vehicle approaching a stop sign shall stop… After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
The driver of a vehicle approaching a yield sign [must] slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop … After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard … [If] a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.
Side-impact collisions can result in terrible injuries to the motorist and passengers.
Case Example: $1 Million Jury Award for T-bone Accident
Gerald Simoneau was seriously injured when he broadsided a UPS delivery truck that pulled out in front of him. The UPS driver failed to yield the right-of-way when attempting to cross the intersection near Todd Acres Road, pulling in front of Simoneau’s vehicle.
The UPS driver admitted fault for the crash. However, UPS challenged Simoneau’s claim. In the ensuing personal injury lawsuit, a Mobile county jury found the UPS driver negligent and liable for causing the accident, awarding Simoneau $1 million in compensatory damages.
Fault for Head-On Collisions
Some of the most deadly traffic accidents are head-on collisions, caused by a driver traveling left of the center line into oncoming traffic. Alabama traffic laws clearly prohibit unsafe passing or traveling in the left lane.
Alabama Rules for Passing to the Left
Alabama drivers must not pass on the left unless the lane is clear and there is no oncoming traffic. After passing, the driver must return to the right lane as soon as safely possible.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
[T]he overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
Drivers must not try to pass when approaching a hill or curve, an intersection or railroad crossing, or when approaching a bridge, viaduct, or tunnel.
No vehicle shall be driven on the left side of the roadway under the following conditions:
(1) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
Going into the left lane to pass another vehicle in a no-passing zone is strictly prohibited.
Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
Case Example: $3.7 Million Wrongful Death Award from Head-on Collision
Irwin Francisco-Bartolo was drunk when he drove his mother’s SUV across the median into oncoming traffic, hitting the car driven by expectant mother Tiffany Horton head-on.
Tiffany was seriously injured, and her daughter Adley, who was seven weeks from birth, died in the crash. Francisco-Bartolo is serving 18 years in prison, after pleading guilty to reckless manslaughter and first-degree assault.
Tiffany Horton filed a wrongful death suit against Francisco-Bartolo, the SUV owner, and their insurance company. The jury found Francisco-Bartolo liable for the wrongful death of Adley Horton, awarding $3.7 million in punitive damages.