I have often said that you cannot collect on a car wreck case in Alabama if you are even 1% at fault. I have also stressed that you need a good lawyer because our state has this law.
Now, I will tell you an exception that could let you collect damages (medical bills, car repair, mental anguish, etc.) even if the accident is technically your fault.
It is called the “Last Clear Chance” rule, and here is how it works. If the other driver could have avoided the accident, you may not be considered at fault.
Let me give you an example. Imagine that you have a medical problem, and your car is seen weaving on a multi-lane road. The other driver does not go into the far lane, which would provide as much distance from you as possible. You smash into each other. He or she had the “last clear chance” to prevent the accident.
It is a tricky defense. You may want to think of it like this. I must show that the person in the other car put themselves in danger because of what they decided NOT to do.
The “Last Clear Chance” rule is another reason why you really need a lawyer in an Alabama car wreck case.
If you suffer a personal injury like an auto accident or slip and fall, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet. We are mostly working remotely but are always available.
Also, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30, right after the news. We will take your calls live. We are experimenting with new ways to do the show and still follow the CDC guidelines. You might want to see what we have come up with.