There are four elements that must be proven in an Alabama negligence claim arising from a car crash. First, the accident victim – called the “plaintiff” in court documents – must show that the defendant owed a legal duty to him or her. Drivers owe many duties to one another, to passengers, and even to pedestrians under Alabama law. Many of these duties can be established through local ordinances, state statutes, and existing case law. Once the duty element has been proven, the plaintiff must then show that the duty owed to him or her was breached by the opposing party – the “defendant.”
Once the elements of duty and breach of duty have been shown, the plaintiff must show that he or she was damaged in the accident and that this was the actual and proximate result of the defendant’s breach of duty. The plaintiff has the burden of proving each of these elements by a preponderance of the evidence.
Talk to an Experienced Summerdale Car Accident Attorney
There are many issues that can arise in a car accident, one of the most potentially damaging of which is an allegation of contributory negligence. Alabama law is extremely harsh on plaintiffs whose own negligence – however minor – contributed to the cause of a collision, and it is very important that such an assertion be defeated, if the plaintiff is to be successful in his or her negligence suit. The best way to do this is to talk to an attorney as soon as possible after an accident. Experienced personal injury attorney Whit A. Thomas has helped many Alabama families recover fair compensation in automobile accident cases over the years, and he can help you investigate your case in a fair and thorough manner. To schedule a free consultation, call us. We also handle slip and fall cases, work injuries, defective product cases, and medical malpractice claims in and around Foley and Baldwin County.