Most people know Alabama gives you two years to bring an injury claim. Fewer know that when a government is involved, a much shorter notice deadline can apply first. Miss it and the claim can be lost, even if the case is strong.
This matters in Mobile, where city trucks, county vehicles, public buses and state-maintained roads like I-10, I-65 and the approaches to the Bankhead and Wallace tunnels are part of daily driving.
1. Claims against the City of Mobile: six months
Under Alabama law, a claim for injury caused by a city's employees or agents must be presented to the city clerk within six months of the injury, or it is barred (Ala. Code § 11-47-23). The claim must be a sworn statement describing how the injury happened, with the time and place (Ala. Code § 11-47-192).
A city can be held responsible when its employees act negligently, carelessly or unskillfully, for example a city driver who runs a light (Ala. Code § 11-47-190).
2. Claims against Mobile County: twelve months
Claims against an Alabama county generally must be presented to the county within twelve months, or they are barred (Ala. Code § 11-12-8), and a claim must be presented before the county can be sued (Ala. Code § 6-5-20).
3. Claims involving the State or ALDOT: a different forum
The State of Alabama is generally immune from lawsuits under the Alabama Constitution. Injury claims against the State, including claims about state highways, usually go to the State Board of Adjudication rather than to court (Ala. Code § 41-9-60 and following). Individual state employees may sometimes be sued, but immunity rules are complex and depend on the facts.
4. Damages against local governments are capped
When a city or county is liable, Alabama caps the recovery at $100,000 per injured person and $300,000 for all claims arising from one occurrence (Ala. Code § 11-93-2). That makes it even more important to identify every other responsible party, such as a private contractor working on the road, and every available insurance policy.
5. Federal vehicles follow federal rules
A crash with a federal vehicle, such as a postal truck, is handled under the Federal Tort Claims Act. A written claim, usually on Standard Form 95, must be filed with the federal agency within two years before any lawsuit (28 U.S.C. § 2401(b), 28 U.S.C. § 2675).
6. What to do now
- Write down the vehicle's markings, unit number and the department name.
- Photograph the road hazard: the pothole, missing sign or broken signal, with something for scale.
- Ask for the crash report number.
- Don't wait on the government's own adjuster to tell you the deadline.
Alabama's contributory negligence rule still applies in these cases, so evidence about how the crash happened matters from the first day.
7. Talk to a lawyer early
Because the deadlines are short and the rules depend on which government is involved, speak with a lawyer soon after any crash involving a government vehicle or a public road. 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 car accident statute of limitations
- Alabama contributory negligence
- Car accident lawyer in Mobile
- Truck accidents
Sources
- Ala. Code § 11-47-23 (time limits for claims against municipalities).
- Ala. Code § 11-47-190 (municipal liability for agents' negligence).
- Ala. Code § 11-47-192 (sworn statement of claim).
- Ala. Code § 11-12-8 and § 6-5-20 (claims against counties).
- Ala. Code § 11-93-2 (damage caps for governmental entities).
- Ala. Code § 41-9-60 and following (State Board of Adjudication); Alabama Constitution, state immunity.
- 28 U.S.C. §§ 2401(b), 2675 (Federal Tort Claims Act).
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.
