What Are Alabama's Car Accident Laws?

After any kind of traffic accident in Alabama, it's important to understand a few key state laws:

• there's a two-year deadline for filing most car accident injury lawsuits in Alabama's civil court system, and
• Alabama's harsh "contributory negligence" rule can prevent you from making any kind of financial recovery for your car accident injuries and vehicle damage if you share any amount of blame for the crash.

What Is the Alabama Car Accident Statute of Limitations?

A "statute of limitations" is a state law that puts a strict time limit on the right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered and/or the kind of case you want to file.

As is true in most states, the statute of limitations that affects car accident lawsuits in Alabama is the same as the larger one that applies to all personal injury cases. You can find this law at Alabama Code section 6-2-38, which sets a two-year deadline for "all actions for any injury to the person or rights of another."

That same two-year statute of limitations deadline also applies if a car accident results in a death, and the personal representative of the deceased person wants to file a wrongful death lawsuit against the person who caused the crash.

If you only want to file a lawsuit over vehicle damage, you have six years to get that kind of case filed against the at-fault driver, according to Alabama Code section 6-2-34.

Whatever kind of lawsuit you're bringing, the two-year "clock" starts running on the day the injury occurs—that means the date of the car accident. If you don't get your case started before the deadline passes, you can count on the court dismissing it once you do try to file. So it's obviously crucial to understand how the statute of limitations applies to your case.

Does Alabama's Statute of Limitations Apply to Car Insurance Claims?

No, the statute of limitations does not apply to the filing of a car insurance claim. An insurance company, whether your own or the other driver's, is probably going to require that you make a claim—or at least give the insurer notice of an incident that could trigger the filing of a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.

Not every car accident will lead to a lawsuit, but it's always a good idea to keep all options on the table. So even if you think your situation will be resolved through the car insurance claim process, make sure you leave yourself plenty of time to get a car accident lawsuit filed in Alabama's court system, and talk to an experienced lawyer if you're running up against the filing deadline.

What If I'm Partly at Fault for My Car Accident in Alabama?

Suppose you're seriously injured in an Alabama car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was mostly responsible for the accident—but that you share part of the blame. What happens next? How does this finding affect your right to compensation?

Under Alabama's "contributory negligence" rule, you cannot receive money damages if you are found to have played even the slightest part in causing the accident. You can't recover any compensation at all from the other driver, in other words. (Only a handful of states follow the "contributory negligence" rule. Most states use what's known as "comparative negligence", which allows an at-fault driver to recover some damages as long as he or she is not more than 50 percent responsible for the crash.)

Not only does the contributory negligence rule bind Alabama judges and juries (if your car accident case makes it to court), it will also guide a car insurance claims adjuster when he or she is evaluating your case. A claims adjuster makes decisions based on what is likely to happen in court, so if it looks like you share any amount of blame or the accident, get ready for the adjuster to play hardball during settlement negotiations.

Do I Need Car Insurance in Alabama?

Alabama, like most states, requires vehicle owners to carry certain types and amounts of car insurance coverage. Get the details on Alabama's auto insurance rules.

What Is a "Salvage" Vehicle in Alabama?

Under Alabama law, a "salvage" vehicle is one that's been declared a "total loss" after an accident or other damage, meaning an insurance company (or some other payee) has made a vehicle damage settlement for an amount greater than or equal to 75 percent of the vehicle's fair retail value.

You can't legally drive a vehicle that's under a "salvage" title, but you can repair and restore the vehicle to safe driving condition and follow the steps to applying for a "Rebuilt" title in Alabama.

What's Next After an Alabama Car Accident?

Understanding the laws in your state is one thing, but if you've been involved in a car accident in Alabama, you might need more than just information. Learn more about how a car accident lawyer can help with your case, and get tips on finding an injury attorney who's right for you.