What is Negligence Under Alabama Law?



Most people agree that the term negligence means that an individual or business failed to exercise appropriate care and committed a careless action because of it. A driver who caused an accident by failing to signal a turn could be guilty of negligence. However, you would need to prove a legal standard of negligence if you were injured by this driver.

Examples of Driving Negligence

Distracted driving is a problem that continues to kill and injure thousands of drivers and passengers every year. Some typical examples of distracted driving include talking on a cell phone, composing or reading a text message, eating or drinking, changing the radio station, and turning attention to something outside of the vehicle. Unfortunately, it can take less than a second of driver inattention to cause a serious accident.

Traffic violations such as speeding, running a red light, failing to signal, following a car too closely, and driving a car with faulty equipment are all common examples of driving negligence as well. If you get into a car crash due to any type of distracted driving or traffic violation committed by another driver, you have the legal right to file a personal injury lawsuit against him or her. However, you must do so within two years of the date of the accident under Alabama’s statute of limitations.

Other Common Types of Negligence Leading to Personal Injury

If you slip and fall on someone else’s property, the person or business owning the property might be liable to cover your medical bills and other costs. While you must take every precaution to protect yourself, the property owner also has a duty to keep it well-maintained to avoid injuries to others. An office complex with a loose step and no hand railing is one such example. Juries consider whether the property owner should have known about the potential danger and fixed it before someone got hurt.

Lack of supervision at a nursing home, playground, daycare center, or anyplace else where you would expect it can also lead to a claim of negligence if an injury occurs. The employees of such facilities have the obligation to remove potential hazards and supervise those in their care. You or a loved one may be eligible to file a personal injury lawsuit if a significant injury occurs due to this type of negligence.

Defective products can also cause significant injury or death to a person. This type of negligence case can be especially challenging to prove because it often involves several parties that could potentially share the blame. For example, the defect may have occurred at the design phase, manufacturing phase, or by the retailer when displaying the goods. You will need an experienced attorney to investigate and file a personal injury lawsuit on your behalf.

Understanding the Elements of Negligence in Alabama

One thing to understand is that an insurance company will not just take your word for it that the other driver caused your injuries by acting in a negligent manner. It is up to you to seek legal representation from an Alabama car accident lawyer and prove that the driver you intend to sue meets the state’s definition of negligence. This includes all five of the following:

  • Duty of Care: The other driver had the legal obligation to avoid a motor vehicle accident by operating his or her car in a safe manner.
  • Breach of Duty: The person who caused the car accident failed to provide a basic duty of care to you and others on the road.
  • Causality: This means that you would not have sustained any injuries if not for the actions of the other driver.
  • Proximity: You must prove that only the actions of the other driver caused you to become injured or aggravated a pre-existing medical condition.
  • Damages: The final phase of proving negligence requires you and your personal injury attorney to demonstrate that you have sustained legitimate injuries and/or property damage and desire to seek reimbursement for them.

Although it might appear obvious to you and your loved ones that the other driver caused the car crash due to negligence, remember that you bear the burden of proof under Alabama’s legal standard. Working with an experienced car accident attorney in Alabama is essential to prove your claim and obtain the highest possible settlement.

We invite you to contact Warren & Simpson, PC – Trial Lawyers today to discuss your negligence case and learn more obtaining justice via financial compensation from a personal injury lawsuit.