Negligence is an important legal concept that allows those who experience negative consequences to hold people accountable for failing to act in an appropriate manner. If what someone did in a situation or didn’t do is contrary to what a rational person would do in that exact situation, then it may be possible to claim negligence on the part of that individual.
Negligence can play a very important role in a personal injury claim after a motor vehicle collision in Alabama. Depending on the circumstances, allegations of negligence could help or hurt your case.
Negligence provides grounds to seek compensation
If you feel like you can easily demonstrate to the courts that the other driver behaved in a negligent manner or if law enforcement cited them for negligent driving practices, such as texting at the wheel, that negligence will make it easier to prove the losses you suffered are the legal and financial responsibility of that individual. Negligence is also frequently a contributing factor to wrongful death cases in the event of a fatal crash.
Negligence on the part of a plaintiff can complicate the case
If the other driver or individual involved in the circumstance can convince the courts that the plaintiff bringing the claim against them was also negligence in some way, that can be grounds for a defense under Alabama law.
Additionally, your mistakes or decisions could create comparative negligence, a form of negligence where an individual plays a partial role in the creation of a situation that leads to accident or injury. The percentage of fault you share for the crash can impact the amount of compensation you receive even in a successful suit.
