Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
To establish negligence in Alabama after a collision at a traffic signal or exit, you must prove four elements: duty, breach, causation and damages. Alabama law follows the contributory negligence rule, meaning any fault by the injured party can bar recovery completely.
1. Duty to Obey Traffic Control Devices
Under Ala. Code § 32-5-63, motorists must obey all official traffic-control signals and devices. This includes stopping on red lights, yielding on yellow lights and following arrow or exit-lane instructions.
2. Breach of Duty
You must show the other driver violated this duty. Common breaches include running a red light, making prohibited turns at an exit, or failing to yield when required.
3. Causation
Demonstrate that the breach directly caused the crash. In other words, but for the other driver’s violation of the signal or exit rule, the collision would not have occurred.
4. Damages
Document economic and non-economic losses. Economic damages include medical expenses, vehicle repairs and lost wages. Non-economic damages cover pain, suffering and emotional distress.
Key Categories of Evidence
- Police Crash Reports: Official diagrams, witness statements and officer conclusions.
- Eyewitness Testimony: Unbiased observers at the scene.
- Traffic Signal Timing Logs: Controller cabinet data showing signal phases and timing.
- Video and Photographic Evidence: Footage from traffic cameras, dashcams, doorbell cameras or bystanders’ smartphones.
- Accident Reconstruction Analysis: Expert review of skid marks, impact angles and vehicle positions.
- Electronic Data Recorders (“Black Box”): Vehicle event data showing speed, braking and throttle input.
- Scene Measurements and Diagrams: Scaled site drawings highlighting distances, vehicle paths and road features.
- Medical Records and Bills: Documentation of injuries, treatments and related expenses.
Helpful Hints
- Photograph the scene, skid marks, traffic signals and vehicle damage immediately.
- Order a certified copy of the police report from the responding law enforcement agency.
- Collect witness contact information and record statements while memories remain fresh.
- Request signal-timing data from the municipality promptly; logs may be overwritten.
- Secure any available video footage from local traffic or security cameras as soon as possible.
- Consult a qualified accident reconstructionist to strengthen the technical case.
- Maintain detailed records of all medical bills, repair estimates and lost-wage documentation.
- Seek legal advice early to navigate Alabama’s strict contributory negligence rule.