Alabama At Fault Laws - Anyone?

[Max Power]

Does anyone happen to know how Alabama determines who's at fault in rear-end (or semi-rear-end) collisions?

Driving back to the house today, the car in front of me had stopped to make a left hand turn (well, actually, she had crossed over the double line, then changed her mined, came back over, and came to a stop). It was far enough ahead that I was able to stop, and I made sure that I moved over to the right as far as I could (which is a good thing) before I came to a complete stop. The driver behind me, however, didn't and slammed into me. However, when he hit me either my foot came off the brake or off the clutch (or both, but for all I know, neither happened) and my truck glanced off the rear driver's side corner of the first care (the one I had stopped behind) and then drug down her passenger side. Interesting thing is that my truck is a 1 ton and the guy that hit me had a 1/2 ton (Ram 3500 for me, Ram 1500 for him), yet I moved forward about 1.5 times the length of my truck, even though he said he was, "Only doing about 20 when I hit him." Some rough laws of physics calculations in my head says he was probably moving a bit faster than 20.

No one was injured, I need some paint work on the front and a new headlight assembly, and a new tailgate and possibly a new bed as well (and the new one better damn well have Rhino lining like mine does now). Not to mention a new rear bumper, etc. Luckily, it doesn't look like there's any frame damage (or damage to the hitch, though it did grab a nice souvenir off of the other guys truck, lol).

Haven't talked to anyone except the police officers that responded, so I have no idea how it will work. Since I was at a stop and was only pushed forward due to the speed and force which with the other guy hit me (and since I didn't "technically" rear end the car in front of me), any ideas how this will play out?

Of course, to top it off, I report to Ft. Benning on Sunday for 6 weeks of fun at BOLC II, which means my wife gets to handle all the nitty gritty. Just glad that, so far, I'm not feeling any whiplash symptoms and that no one else got injured.

Any insight or links would be appreciated.

[JRB11]

Having responded to many hundreds of MVA's over the last 20 years, most of which are rear-enders and always seem to involve Ukrainians complaining of neck pain even there is only minor damage, in Wa. state you would not get charged. Almost always, the driver who rear-ended a vehicle is at fault. You were pushed into the other vehicle, and as long as your story pans out in the invest., that would be my guess.

[Bravo Five Romeo]

In NY, the one in back is responsible... meaning that had the collision occured, as you described, here in NY, the car that hit you from behind would be responsible for the damage to your car, and the car you were forced into when he/she struck you.




So since Alabama is ass-backwards, that probably means that you're responsible.
:D

[8Ball]

The other driver is at fault.
Now, something interesting about AL. Most municipal PD's DO NOT assign fault at the scene. They just do the report and let the Insurance companies duke it out. I have never served in LE in Alabama (only FL) but have some friends who do. Some are troopers. They do an investigation but PD's not so much. If you need more in depth regarding AL specifics, let me know and I will run it up the flag pole. I will be off the net for a couple of days due to redeployment to Ft. Living Room/Camp Couch. But, if you need further help, I will check when I get home.

Take Care

[0699]

Max-
I don't have any advice to offer, I'm just glad to hear you're okay with minimal damage to your truck.

[Axe]

Max-
I don't have any advice to offer, I'm just glad to hear you're okay with minimal damage to your truck.

X2 LT!

[Max Power]

Having responded to many hundreds of MVA's over the last 20 years, most of which are rear-enders and always seem to involve Ukrainians complaining of neck pain even there is only minor damage, in Wa. state you would not get charged. Almost always, the driver who rear-ended a vehicle is at fault. You were pushed into the other vehicle, and as long as your story pans out in the invest., that would be my guess.

The other driver is at fault.
Now, something interesting about AL. Most municipal PD's DO NOT assign fault at the scene. They just do the report and let the Insurance companies duke it out. I have never served in LE in Alabama (only FL) but have some friends who do. Some are troopers. They do an investigation but PD's not so much. If you need more in depth regarding AL specifics, let me know and I will run it up the flag pole. I will be off the net for a couple of days due to redeployment to Ft. Living Room/Camp Couch. But, if you need further help, I will check when I get home.

Take Care

Thanks. 8Ball, you're right when it comes to investigation. The officers just took statements and insurance info then sent us on our way. So whoever decides the at fault levels will rely upon our three statements and the officers, there weren't any pictures taken, etc. On the bright side, all three of us said the same thing in statements, so it should go pretty easy.

I'm glad in AL I'm not considered at fault. In one of the states I lived in, Missouri or NC, I was told that if someone hits you and you hit the car in front of you, you're at fault for that car in front of you, and the guy behind you is at fault for hitting you. Reason was, as told to me, because you should have left more distance between the stopped car in front of you and you.

Hoping this all works out ok. Mav (wife) will be the one dealing with the police report and the insurance company since I'll be out of the loop in Georgia. Its gonna suck.

Max-
I don't have any advice to offer, I'm just glad to hear you're okay with minimal damage to your truck.

X2 LT!

Thanks guys. Neck and back are a little sore today, but nothing worse than it does after a work out.

[Whitebean54]

Thanks. 8Ball, you're right when it comes to investigation. The officers just took statements and insurance info then sent us on our way. So whoever decides the at fault levels will rely upon our three statements and the officers, there weren't any pictures taken, etc. On the bright side, all three of us said the same thing in statements, so it should go pretty easy.

I'm glad in AL I'm not considered at fault. In one of the states I lived in, Missouri or NC, I was told that if someone hits you and you hit the car in front of you, you're at fault for that car in front of you, and the guy behind you is at fault for hitting you. Reason was, as told to me, because you should have left more distance between the stopped car in front of you and you.

Hoping this all works out ok. Mav (wife) will be the one dealing with the police report and the insurance company since I'll be out of the loop in Georgia. Its gonna suck.





Thanks guys. Neck and back are a little sore today, but nothing worse than it does after a work out.

From what I hear about Ball LICK or BOLC your heads gonna be hurting too:D

[Longrifle]

Now, something interesting about AL. Most municipal PD's DO NOT assign fault at the scene. They just do the report and let the Insurance companies duke it out.
That's the way it is here in Alabama. Got rear ended last summer by a teen w/ no insurance, no DL on him. He got a ticket for no proof of insurance & no DL. Period. No 'fault' assigned. I called USAA, and that's the last I've heard on the matter.

Glad you're OK.

[CAP MARINE]

got hit last september in coronado,ca.the dude was from France,driving a friends car-an older ford mustang-65 or so.can i just pay you and take of it,he says.no,we call the PD.the PD worked the 76(cop talk in OK.)i got a case #,when i turned my car into Alamo,told them about the acc.,no problem.the guy did have insur.geico.no prob.
dang,pres.clinton was at the DEL too,staying there,the wife said hello,me,i was at the depot working out,had more fun talking with the USSS.

[Max Power]

From what I hear about Ball LICK or BOLC your heads gonna be hurting too:D

Yeah. After hearing what they renamed ANCOC at Benning to (Manuever ANCOC, aka MANCOC, aka MAN COCK), I'm waiting for them to add an S to the end of BOLC so its BOLCS, lending itself nicely to be called Bollocks :D

That's the way it is here in Alabama. Got rear ended last summer by a teen w/ no insurance, no DL on him. He got a ticket for no proof of insurance & no DL. Period. No 'fault' assigned. I called USAA, and that's the last I've heard on the matter.

Glad you're OK.

Thanks. I've got USAA as well (and everyone involved had insurance, so that's good), so hopefully it goes smoothly.

[CDRODA396]

Glad to hear you're ok Max, and look at the bright side, Everyone involved had insurance, go figure the odds of that down there!!!:D

[Gypsy]

Glad you're ok MP, hope things go smoothly for Mav in getting the insurance/repairs resolved.

[Wench]

The guy in the back should be determined to be at fault for both.

We didn't assign fault in AL, nor here in NC either. Some departments back home wouldn't even respond to an accident unless there were injuries. It's a civil matter (unless hit-and-run, drunk, etc.).

Here, we even have to do reports for fender benders in parking lots :rolleyes:.

[Ranger Manges]

that if someone hits you and you hit the car in front of you, you're at fault for that car in front of you, and the guy behind you is at fault for hitting you. Reason was, as told to me, because you should have left more distance between the stopped car in front of you and you.

That would be the law in Ohio, minimum safe distance or something like that

Glad your OK, good luck at BOLC

[AQUATEENHUNGERFORCE]

http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm

Title 32 is the section for laws on driving/rules of the road, etc.

Title 13A is the criminal code.

In Alabama a primary contributing unit # is assigned on your report as well as primary contributing circumstances as well as other contributing units/other contributing circumstances.
Whomever writes the report HAS to give his/her OPINION as to what happened/who was primarily at fault. if you pm me with ur # i'd be glad to go over the report block by block with you. I know it looks really complicated, but its not.

Not knowing anything but what you posted, my belief would be: the guy who hit you would be at fault for following too closely/misjudging stopping distance, etc etc. you MAY get assigned blame for the car your car hit because of "following too closely" :
Section 32-5A-89
Following too closely.
(a) The driver of a motor vehicle shall not follow another more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Except when overtaking and passing another vehicle, the driver of a vehicle shall leave a distance of at least 20 feet for each 10 miles per hour of speed between the vehicle that he is driving and the vehicle that he is following.

(b) The driver of any truck or motor vehicle drawing another vehicle of 25 or more feet in length when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle of 25 or more feet in length shall, whenever conditions permit, leave sufficient space, at least 300 feet, so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle of 25 or more feet in length from overtaking and passing any vehicle or combination of vehicles.

(c) Motor vehicles being driven upon any roadway whether a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions or to any parade or procession authorized by official permit of the governing body of the city or county having jurisdiction over said highway.

Please keep in mind: I HATE doing wrecks and try to let the Troopers handle them as much as possible and I am definitely not an expert by a long shot.

If you got no ticket on scene, you definitely will not get one afterwards. People rarely get tickets at wrecks in Alabama as generally speaking, if Cop didnt see the person operating the vehicle, the Judges will not allow the ticket. Generally speaking, some judges will let you do it, others wont. Even if someone admits to driving with no licence/insurance etc.

SR-13 <<dont forget to fill this out and send it in, or they may suspend your licence. http://www.dps.state.al.us/DriverLicense/forms/SR-13.pdf < link http://www.dps.state.al.us/DriverLicense/forms/SR-13.pdf If the link doesnt work, go to the dps.state.al.us sight and the link will be there.
If you dont fill out the sr-13 the state may suspend your licence.

I'll try to find more info and post it here, but will post this for now.

[Wench]

In Alabama a primary contributing unit # is assigned on your report as well as primary contributing circumstances as well as other contributing units/other contributing circumstances.
Whomever writes the report HAS to give his/her OPINION as to what happened/who was primarily at fault. if you pm me with ur # i'd be glad to go over the report block by block with you. I know it looks really complicated, but its not.

I disagree. Listing FACTUAL contributing circumstances is what the report asks for; either because witnesses have told you what occurred, a driver has admitted to it, or the evidence at the scene supports it. Semantics, perhaps, but determining cause and fault are two different things. For instance...a car rear ends another vehicle due to inattention, so you list that under contributing circumstances. But the driver that was rear-ended is driving on a revoked license..nothing in contributing circumstances about that, although you may cite for it. Inattention may be the cause of the accident, but I daresay the insurance company will determine fault (or at the very least, comparative negligence) to be with the revoked driver, who should never have been on the road to begin with, and refuse to pay. Also, an officer putting who they feel as the primary contributing unit as Unit #1 is merely unwritten tradition, not a requirement.

When I was a teenager, I had a situation similar to Max's, except I was the one bringing up the rear :). A wreck occurred just ahead, everyone slammed on the brakes to avoid hitting the vehicles as they went careening around, and I rear-ended a postal truck, knocking it into the vehicle ahead of it. I got to pay for all of it :).

[Mav]

I'll add the that Max was driving a stick shift at the time and was at a complete stop.

I was actually in front of him, behind the car that he side-swiped. She stopped and I got out of the lane (she did it very suddenly, but there was still a good bit of space between us), and when it was clear again, merged back into the left lane. When I looked in my rear view, Max was sitting at a stop behind and to the side of her. Approximately 1-2 minutes later, I was in the driveway when he called to say he'd just been hit.

When I came back (all of two minutes after that), he was in front and beside her. He had been pushed along side her car, with mostly minimal damage to her and his vehicle from that collision. He was at a complete stop (and had been) when he was shoved forward. The vehicle that hit him (a Ram 1500) was smashed a good 1/4 up the hood, altho he says he was going 20 mph...

I'm not the cops, nor do I portray one on TV, and I haven't been to a Holiday Day Inn Express in a while, so I won't state my opinion ;) I'll leave the words to the experts, but just add what I saw, and see if that clarifies anything. :)

[CDRODA396]

I'll add the that Max was driving a stick shift at the time and was at a complete stop.

I was actually in front of him, behind the car that he side-swiped.

Now I'm not a lawyer, but I do play one in bars occassionally;) and I would avoid using phrases like...."that he side swiped" and lean more towards "behind the car that the force of being hit from behind drove him into despite his best efforts to avoid..":D

Any other advice will be offered on the clock only!:cool:

[Mav]

Now I'm not a lawyer, but I do play one in bars occassionally;) and I would avoid using phrases like...."that he side swiped" and lean more towards "behind the car that the force of being hit from behind drove him into despite his best efforts to avoid..":D

Any other advice will be offered on the clock only!:cool:

LOL, I picked up the police report, today, and it said that he was forced forward by the car behind him while he was at a dead stop, which forced him to side swipe the first car.." ;) So, to sum it all up: they like your phrasing better, LOL

[Utah]

couple years ago i was on my way back from working at a ranch, tired and wet from the rain i was trying hard not to fall asleep, good thing i didn't b/c i wouldn't have been able to hit my brakes right as i rear ended the guy in front of me doing about 60. I was ok except for a cut on my hand, and so was everyone else, but i ended up pushing about 4 cars together in front of me. I had to pay it all, i mean my insurance had to pay it all, then one of them sued my insurance for a bunch of money, so in the end i guess it pays to pay attention when your driving, but i know what a hassle it is to deal with that stuff, just be happy you were the one getting hit, haha i'll never do that again. Good work on the reaction time, i wish i could have done the same!

- Utah