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Comparative Negligence in a Personal Injury Charge in Alabama

Sometimes, when you press personal injury charges, your defendant might try to prove that the accident was partly your fault. In an automobile accident, for instance, it is possible that you could be held accountable for your injuries if you were driving on the wrong side of the road. Yes, in most cases, the person or business that caused the accident is held liable and is required to pay for the damage. However, if your defendant can prove that you were negligent or careless, your compensation could be significantly reduced.

© iQoncept - Fotolia.comPossible arguments against you in court

Comparative negligence is when your defendant proves in the court that your injury was caused by your own carelessness. The jury will examine the evidence presented by your defendant’s attorney and determine how exactly your negligence resulted in the injury. So what are the possible arguments that you can face in court? Here is a look.

In Alabama, under a rule called Pure Contributory Negligence, you can be denied compensation completely even due to one percent of your negligence. However, your defendant can still be held accountable if you can prove that the accident was caused by his/her willful act. Your jury will determine if you were actually at fault by taking into account the following factors:

The accident happened in a place where you were not allowed to be – this means that your defendant can’t be liable to you because you weren’t supposed to be at the accident site in the first place.

You were careless and contributed to the accident significantly – For example, if you were walking in the middle of the road, your defendant can get away by stating that it was not his/her duty to be careful towards you.

If you get injured in a poorly constructed property, your defendant can prove in the court that the building’s owner was partly responsible for the accident because of its poor maintenance, which will reduce the compensation amount that he/she has to pay you.

If you were injured by a defective product, the seller, the manufacturer, as well as all the middlemen can be held accountable for the accident.

Also, if you were working for another person while the accident took place, your employer could also be held accountable for the injury.

It is important that you consult a personal injury attorney in Alabama as soon as possible to effectively defend your case and obtain your rightful compensation. With a legal representative by your side, you can negotiate your claim and discuss all the other factors that might have caused the accident.

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