Proving Liability After a Red Light Collision in Alabama
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
When another driver runs a red light and causes a collision in Alabama, you must build a strong liability case by proving four key elements of negligence: duty, breach, causation, and damages.
1. Duty of Care
All drivers in Alabama owe a duty to obey traffic laws, including Alabama Code § 32-5A-170, which requires vehicles to stop at steady red signals.
2. Breach of Duty (Negligence Per Se)
A driver’s failure to stop at a red light is a violation of state law and constitutes negligence per se. You do not need to prove the driver acted unreasonably—violating the statute itself establishes a breach.
3. Causation
You must show that the red‐light violation directly caused your injuries or property damage. Collect the following evidence:
- Police Report: Official report stating the other driver failed to stop.
- Traffic‐Camera or Intersection Video: Footage showing the red‐light violation.
- Photographs: Images of skid marks, vehicle damage, and traffic signals.
- Witness Statements: Contact information and signed statements from bystanders.
4. Damages
Document your losses, including medical bills, repair estimates, lost wages, and pain and suffering. Detailed records support the monetary value of your claim.
Additional Legal Considerations
Comparative Fault: Alabama follows a modified comparative negligence rule (Ala. Code § 6-5-80). If you share fault greater than 50%, you cannot recover damages. Your recovery is reduced by your percentage of fault.
Helpful Hints
- Seek medical attention immediately to document injuries.
- Preserve all evidence: keep repair estimates, photos, and videos safe.
- Obtain the police report as soon as possible; it often contains opinions about fault.
- Write down everything you remember about the crash while details are fresh.
- Consult an attorney before speaking with insurance adjusters to protect your rights.