Petiton to remove Contributory Negligence from Alabama law
On Jan 7th I was involved in an accident while traveling south
through town at the posted speed limit of 45mph. It was a clear day with
dry road conditions. The accident occurred at 4:59 pm so it was also
still daylight. The accident report claimed I had no contributing
factor in the accident and that the other driver, who came from the
median trying to get into a parking lot on the other side of 2 lanes of
traffic and a turning lane had failed to yield to the right of way. It
also stated that his view was blocked by a car in the turning lane. He
crossed 25 ft in front of me and as soon as I saw him i hit the
breaks and slid into the right rear of his truck. In the impact his
bumper went up into my engine compartment and done damage to his bumper. I filed a claim with his insurance company (Geico) and within hours received a call from their investigator stating the claim was being denied due to contributory negligence, and that I failed to turn at the last moment to avoid the crash.
We are required to have liability insurance in this state however with this law the insurance companies have a loophole that all they have to do is prove that the other party has 1% negligence in an accident and they are barred from collecting. Alabama is 1 of only 5 states that recognize this law. Please sign this petition to urge our lawmakers to remove this loophole and for insurance companies to do what they are paid to do.