What To Do If An Insurance Company Claims That Alabama Has A “1% Fault Rule”

We hear it all the time: “Will the 1% at fault rule prevent my claim?” It’s well-known that Alabama is considered a contributory negligence state. The narrative seems to suggest that if you sneezed wrong before the accident, you wouldn’t be able to recover from another driver who negligently crashed into your car, causing severe harm. Certainly, insurance companies would love for all injury victims to believe this. Fortunately, the truth is more complicated. If you sustained injuries in an accident, it’s important to take a little time to understand the reality of Alabama’s contributory negligence law rather than succumbing to the scare tactics of defense lawyers and insurers who claim that Alabama has a 1% fault rule.

What is the “1% rule?”

Some insurance companies will tell you that you cannot make a claim for any injuries you sustain due to someone else’s negligence if you are even 1% to blame for an accident. The fact of the matter is – there is no 1% rule in Alabama! Understanding what the insurance company is trying to do when it claims the “1% rule” applies – what that actually means and what it doesn’t is crucial for anyone involved in an accident in Alabama. Contributory negligence is a defense that defendants and insurers can use to prove the plaintiff failed to exercise reasonable care and was at fault for their own injuries. The general idea is that if you were negligent, you can’t then go find someone else to blame and force them to pay you for injuries that are, at least in part, your fault. One clear distinction you should understand is that “contributing to the accident” and “making a minor mistake that had no impact on the crash” are fundamentally different. One can potentially derail a claim, while the other isn’t the end game that many fear it to be.

Also, note that the burden of proof in a contributory negligence defense is on the defendant. They have to prove you were negligent – that you failed to exercise reasonable care for your own safety.

Major exceptions to the contributory negligence rule in Alabama

There are, in fact, several exceptions to contributory negligence that may apply in your case as well. Here are a few concepts your lawyer can look into to determine the best way to combat attempts to prevent you from recovering.

The “Last Clear Chance” doctrine

Let’s say that you were in a position of peril, and that you ended up in that situation because of your own mistake. If another driver had the “last clear chance” to avoid a car accident and didn’t take steps to prevent it, they may still be liable. Imagine you spun out of control on a slick road and ended up stuck sideways in the lane. Perhaps you were traveling a little too fast at the time. Another driver comes along with plenty of opportunities to see your vehicle stuck in the road, but they are texting and not paying attention. They only see you at the last second, slam on their brakes, and slide into your car. In this case, they had the last clear chance to avoid the accident.

Wanton or reckless conduct

Another exception applies when the other party acted in a way the law considers wanton or reckless. For instance, let’s say that the other driver was speeding excessively, driving under the influence, or acting with a “conscious disregard” for the safety of others. In that case, contributory negligence is not a valid defense.

The capacity exception

Another powerful exception prevents the use of this defense when the victim lacks the mental capacity to be contributorily negligent under Alabama law. For instance, children under certain ages (under seven conclusively, and ages 7–14 presumptively) and individuals with certain cognitive impairments may be legally incapable of being contributorily negligent.

How insurers weaponize the “1% rule”

Insurance adjusters may try to use contributory negligence to protect their bottom line. Some tactics they might employ include the manipulative use of recorded statements. Insurers often question victims about accidents after a crash. They may try to take your words and use them against you. For instance, they may use recorded statements to “trap” victims into admitting fault. If a victim said “I’m sorry” at the scene or “I might have been going a few miles over the speed limit,” the insurer could try to turn that statement into a basis for denying the claim. It’s part of your attorney’s job to handle these communications for you to prevent the 1% narrative from taking root. This is one reason it’s so important to reach out to a lawyer quickly following an accident.

The role of professional investigation

Another important consideration is the use of accident reconstruction experts and event recorder data, among other evidence, to develop an argument that the other driver was the proximate cause of the crash. For example, your lawyer may help you show that even if you were traveling five miles per hour above the posted speed limit, that didn’t contribute to the crash anyway. It’s these important factors that you need to discuss with your lawyer instead of making quick assumptions or listening to the assessments of the other party’s insurance representatives.

Don’t self-judge your case

The truth is, the law is too nuanced for a crash victim to determine if they are “barred” from recovery. Making assumptions can be exceptionally costly for accident victims. Before you give up or accept a denial based on ‘1% fault,’ reach out so we can review the facts. We offer free consultations, so you have nothing to lose.

FAQs

Here is a short summary of the questions we often get asked about contributory negligence. If you have additional questions, we’re just a phone call away:

Is Alabama a contributory negligence state?

Technically, yes, Alabama is considered a contributory negligence state. However, many people neglect to explain that there are powerful exceptions, such as the Last Clear Chance doctrine, that can allow victims to recover.

Can I sue for a car accident if I was partially at fault in Alabama?

Oftentimes, yes. Remember that if the other driver’s conduct was wanton or if they had the last opportunity to avoid the crash, you may be able to pursue damages even if your actions played some small part in the crash.

Is it worth it to call a lawyer if I think I might be partly at fault?

Absolutely. People are often pleasantly surprised when they speak to an attorney and learn how we actually apply the law in these cases.

Call Martin & Helms Injury Attorneys today

At Martin & Helms Injury Attorneys, our personal injury lawyers represent victims of negligence. We’re here to help you understand your rights and to fight back against those who try to push you into letting go of a valid claim for damages. Call us today or fill out our contact form to schedule your complimentary consultation.