What should I do after a car accident in Alabama?

Alabama is one of only four U.S. jurisdictions retaining pure contributory negligence, alongside Maryland, North Carolina, Virginia, and DC.

1. Immediate Steps at the Scene

Stop and exchange information (Ala. Code § 32-10-1, § 32-10-2). Felony to leave injury scene.

Render reasonable aid.

Call 911 for injuries.

2. Mandatory Reporting

Police: Required for injury, death, or apparent damage exceeding $250 (Ala. Code § 32-10-6) — one of the lowest thresholds in the U.S.

SR-31 Crash Report: Filed by officer; driver may need to file SR-13 within 30 days if police did not respond.

Notify insurer.

3. Minimum Liability Insurance

25/50/25 under Ala. Code § 32-7-6.

4. Pure Contributory Negligence — 1% Bars Recovery

The Alabama Supreme Court has repeatedly reaffirmed contributory negligence (Williams v. Delta Int'l Mach. Corp., 619 So.2d 1330 (Ala. 1993); Golden v. McCurry, 392 So.2d 815 (Ala. 1980)). A plaintiff who is even 1% at fault is completely barred from recovery.

Exceptions:

Last clear chance — defendant who had final opportunity to avoid harm remains liable (Salter v. Westra, 904 F.2d 1517 (11th Cir. 1990) applying Ala. law).

Wantonness/recklessness — contributory negligence is NOT a defense to a wantonness claim, only to ordinary negligence (Serio v. Merrell, Inc., 941 So. 2d 960 (Ala. 2006)). Wantonness requires conscious disregard of known danger.

Children under 7 are conclusively presumed incapable of contributory negligence.

5. Statute of Limitations

Personal injury: 2 years (Ala. Code § 6-2-38(l)).

Property damage: 6 years (Ala. Code § 6-2-34) — relatively long.

Wrongful death: 2 years (Ala. Code § 6-5-410).

Claims against the State require filing with the Board of Adjustment (Ala. Code § 41-9-60); against municipalities, 6-month claim filing (Ala. Code § 11-47-23).

This is legal information, not legal advice.