The state of Alabama is one of the few existing states to apply the pure contributory negligence system to determine liability. This means that if the court finds you even 1% at fault, the law legally bars you from recovering damages. During a liability lawsuit, you must provide ample solid evidence to prove a driver’s liability.
With so much at stake, it is crucial to understand the pieces of evidence required to present your case. Under Alabama’s strict auto accident rules, there are multiple ways to trace a driver’s activity on the road.
Elements of driver negligence
There are several elements to take note of when proving driver negligence. In Alabama, your claim hinges on your ability to show the presence of negligence. Here are the factors to consider in a negligence claim:
- Duty: The other driver had a legal responsibility to drive safely and act reasonably.
- Breach of duty: The other driver failed to fulfill the legal responsibility to act carefully.
- Causation (Cause in fact and Proximate cause)Cause in fact: The other party’s failure to adhere to their obligations directly caused your accident, and your injuries were a foreseeable result of their actions.
- Damages: You suffered actual losses in the form of financial strain or bodily injuries resulting from the crash.
Proving these elements establishes why the other driver is liable.
Concrete evidence of negligence
There are many legal strategies or pieces of evidence you can utilize to prove negligence. The investigative process is crucial in cementing your case and determining liability. One of the most powerful legal strategies is referencing timesheets and data records around the time of the crash.
For example, you can request public traffic and crash data through local agencies or the Alabama Law Enforcement Agency (ALEA). In some cases, electronic logging data is often available if one of the parties is a commercial truck driver. Cross-checking records such as cellphone records, traffic camera data and dashcam footage can unearth key pieces of data for your case.
A good legal representative will utilize local expertise to build a good case for you. Acting quickly before other actors delete, wipe or lose crucial evidence is paramount to the success of your claim.