Every summer, and on most holiday weekends, traffic in Baldwin County changes. Highway 59 into Gulf Shores and Perdido Beach Boulevard through Orange Beach fill with drivers who don't know the roads, many in rental cars, many from out of state. When a crash happens there, people who live here and people who are visiting ask the same questions. Here are plain answers under Alabama law.
1. Alabama's fault rule is one of the strictest in the country
Alabama follows contributory negligence. If you are found even slightly at fault for a crash, you can be barred from recovering anything from the other driver. Only a handful of jurisdictions still use this rule; most states reduce your recovery by your share of fault instead.
That is why the first days after a crash matter. The other driver's insurer may look for any reason to say you share the blame: your speed, a phone, a late brake, a lane change. There are recognized exceptions, such as when the other driver had the last clear chance to avoid the crash, or acted wantonly, but they depend on the facts and the evidence.
What to do: don't guess or apologize at the scene, photograph the vehicles and the road, get the names of witnesses, and ask for the crash report number.
2. The other driver lives out of state. Can you still bring a claim here?
Generally, yes. A driver who causes a crash on an Alabama road can usually be sued in Alabama, where the crash happened, even if they live in another state (Alabama Rule of Civil Procedure 4.2). Their insurance policy usually follows them, though the coverage depends on the policy and the state it was written in.
3. Rental cars add a layer, not a shortcut
If the driver was in a rental car, there may be more than one policy involved: the driver's own insurance, any coverage bought at the counter, and the rental company's coverage. Which one pays first depends on the contracts and on the law. Don't assume the rental company will handle your injury claim. Get the rental company's name and the vehicle's plate at the scene.
4. Alabama's insurance minimums are low
Alabama requires drivers to carry at least $25,000 for injury to one person, $50,000 for injury to everyone in a crash, and $25,000 for property damage (Ala. Code § 32-7-6). A serious injury can cost far more than $25,000.
Your own uninsured and underinsured motorist coverage can fill the gap. Alabama insurers must offer it, and it applies unless you rejected it in writing (Ala. Code § 32-7-23). Check your own policy after any crash, even if the other driver was at fault.
5. You have two years, and waiting costs evidence
Most personal injury claims in Alabama must be filed within two years of the crash (Ala. Code § 6-2-38(l)). Wrongful death claims also carry a two-year deadline (Ala. Code § 6-5-410). Visitors go home, and camera footage from businesses along the beach roads is often recorded over within days or weeks, so evidence fades well before the deadline.
6. When to talk to a lawyer
Talk to a lawyer before you give a recorded statement to the other driver's insurer, if anyone was hurt, if fault is disputed, or if the other driver was visiting from another state. Simmons Law represents people injured across Mobile and Baldwin counties. The consultation is free, and there is no fee unless we win.
Call (251) 306-8333.
Related guides
- Alabama contributory negligence
- Alabama uninsured motorist coverage
- Alabama car accident statute of limitations
- Car accident lawyer in Mobile
Sources
- Contributory negligence in Alabama: Alabama Pattern Jury Instructions (Civil) and Alabama Supreme Court case law.
- Ala. R. Civ. P. 4.2 (jurisdiction over persons outside the state).
- Ala. Code § 32-7-6 (minimum liability amounts).
- Ala. Code § 32-7-23 (uninsured motorist coverage).
- Ala. Code § 6-2-38(l) (two-year limitation for personal injury).
- Ala. Code § 6-5-410 (wrongful death).
This article is general information about Alabama law, not legal advice for your situation. Reading it does not create an attorney-client relationship. For advice about your claim, talk to a lawyer.
