In 2022, Alabama saw a crash nearly every four minutes, leading to 986 fatalities and countless injuries. Each crash brings medical bills, lost wages, and unexpected expenses for victims.

When a crash happens, determining who is at fault often comes down to negligence, or the failure to exercise reasonable care while driving. The person responsible for causing the accident can be held financially accountable, but proving negligence requires clear evidence.

Learn what it takes to establish fault after a collision, the legal elements you must prove, and how our skilled Montgomery car accident lawyers can help you seek fair compensation.

What Is Negligence in a Car Accident Case?

Negligence occurs when a driver fails to exercise reasonable care, resulting in harm to others. In Alabama, proving negligence is necessary to recover compensation for medical bills, lost wages, and other accident-related costs.

However, Alabama follows a contributory negligence rule that bars injured parties from recovering compensation if they are even slightly at fault. This makes it especially important to gather strong evidence to establish fault.

To prove negligence in a car accident case, three key factors must be established: duty of care, breach of duty, and causation.

1. Duty of Care

The first step in proving negligence is showing that the other driver had a duty of care. In Alabama, every driver is legally responsible for operating their vehicle safely and following traffic laws. This duty begins the moment someone gets behind the wheel, whether on a highway, in a neighborhood, or in a parking lot.

Demonstrating this element in a car accident claim is usually straightforward since all drivers share this responsibility. The challenge is showing how the other driver failed to uphold it, which is the next step in a negligence claim.

2. Breach of Duty

A breach of duty happens when a driver fails to act with reasonable care, putting others at risk. Common examples of this include:

• Excessive speeding, especially through a residential area or school zone
• Running a red light at a Montgomery intersection
• Driving under the influence of alcohol or drugs
• Texting while driving instead of paying attention to the road
• Following too closely and causing a rear-end collision

If a driver ignores traffic laws or engages in reckless behavior, they can be found negligent. However, proving a breach of duty requires solid evidence that shows how this breach caused the crash.

3. Causation

The final step in proving negligence is showing that the other driver’s actions led to the accident and resulting injuries. It is not enough to show that they were acting carelessly; their behavior must be the reason the crash happened.

In some cases, showing causation is straightforward, but in others, it can be more challenging. Here are some examples:

• Clear Causation: A driver runs a red light on Zelda Road in Montgomery and crashes into a vehicle with the right of way. Their actions directly caused the accident.
• Unclear Causation: One driver is texting and drifts into another lane while the other is speeding. If a crash happens, it may be harder to prove which action led to the accident without evidence like traffic camera footage or witness statements.

A negligence claim can only move forward if you can prove a clear link between the driver’s actions and the accident.

How Evidence Supports a Negligence Claim

To prove negligence in a car accident claim, you need the right evidence. Some of the most reliable types include:

• Police Reports: Officers document driver and witness statements, road conditions, and traffic violations in this official report, which can help establish fault.
• Witness Statements: Third-party accounts provide an objective perspective on how the accident happened, supporting claims about traffic signals, driver behavior, or road conditions.
• Traffic Camera or Dashcam Footage: Video recordings capture the moment of impact and show vehicle positions, traffic signals, and violations.
• Medical Records: Hospital records, doctor’s notes, and diagnostic tests connect injuries to the accident and show the extent of medical care required.
• Accident Reconstruction Reports: Experts analyze skid marks, vehicle damage, and road conditions to determine how the crash occurred and who was at fault.

Gathering this evidence while recovering from injuries can feel overwhelming. A qualified auto accident attorney can manage the process for you, organizing key details and using them to support your claim.

How a Personal Injury Attorney Can Help You Prove Negligence

Car accident claims can become complicated, especially under Alabama’s strict contributory negligence laws. At The Vance Law Firm Injury Lawyers, we understand the tactics insurance companies use to avoid paying claims and can fight to protect your rights.

Our team helps strengthen your case by:

• Gathering critical evidence and interviewing witnesses
• Consulting with accident reconstruction specialists
• Negotiating with insurance companies to seek full compensation
• Representing clients in court if a settlement cannot be reached

We’ve achieved multiple successful settlements for victims in Montgomery and can use the same skills and resources to help you.

Contact The Vance Law Firm Injury Lawyers for Help

A car accident can leave you struggling with medical bills, lost wages, and a long recovery. At The Vance Law Firm Injury Lawyers, we have a proven track record of securing maximum compensation for Montgomery car accident victims, even when insurance companies try to minimize payouts.

Our experienced legal team knows how to counter unfair tactics, gather the strongest evidence, and negotiate aggressively on your behalf. Whether through settlement or trial, we are committed to getting you the best possible outcome.

Schedule a free consultation today and let us help you pursue the compensation you deserve.