Alabama Law on “Following Too Closely” and Rear-End Collision Liability

A central question concerning rear-end collisions in Alabama concerns liability. As a general rule, the driver in the back is presumed to be at fault for a rear-end crash. The law assumes that someone following a reasonable distance would have had time to stop and avoid a rear-end collision. If they couldn’t avoid the rear-end crash, the law presumes it was because they were following too closely.

However, this presumption of fault is not absolute, and certain actions by the front driver can make them liable for a rear-end crash. If you are currently embroiled in a rear-end accident claim, it’s essential to talk to a Montgomery rear-end collision lawyer to clarify issues concerning liability and fault.

What Does “Following Too Closely” Mean Under Alabama Law?

Alabama Code 32-5A-89 defines following too closely as following “closer than is reasonable and prudent” when accounting for vehicle speed and road conditions. More specifically, the law states that rear drivers must generally leave a distance of at least 20 feet for every 10 mph of speed. This rule doesn’t apply when overtaking and passing.

Additionally, truck drivers hauling trailers at least 25 feet long must maintain a distance of at least 300 feet between one another. Any motor vehicle in a caravan or motorcade must leave sufficient space between to allow other vehicles to overtake and merge. The following are the two main exemptions to the rules about following too closely:

• Vehicles in a funeral procession or other processions with an authorized permit
• Commercial truck platoons utilizing electronically coordinated braking systems

Alabama’s tailgating laws are somewhat unique because they define following too closely in terms of actual measurements. This definition lets us determine fairly precisely how close is too close at a given speed. For instance, at 20 mph, the rear driver should leave at least 40 feet of distance. At 40 mph, they should leave at least 80 feet of distance, at 50 mph, 100 feet, etc.

The law also states drivers should be “reasonable and prudent” and adapt their driving to road conditions. This may sometimes require giving a larger berth than the legally required distance. For instance, during a rain or snowstorm, the rear driver should reasonably lower their speed and increase following distances.

Rear-End Collisions and Presumed Fault in Alabama

Precedent in Alabama has established that the rear driver has a presumption of fault in rear-end collisions. In legal terms, a presumption means a case will begin proceedings as if some specific fact is true. Here, a presumption of fault means that rear-end collision cases in Alabama start from the assumption that the rear driver is responsible. The logic behind the assumption is that rear drivers would have been able to stop if they were following at a reasonable distance. Because they crashed, the assumption is they were not following at a reasonable distance.

However, this presumption is rebuttable and open to challenge. There are a few main examples where the rear driver could argue against presumed fault, such as the following:

• The Accident Was Due to a Mechanical Failure – For example, if the rear driver’s brakes failed and they were otherwise following reasonably, it could shield them from liability.
• The Front Driver Changed Lanes and Merged Unsafely or Without Signaling – Front drivers must look for following vehicles before merging lanes and must signal.
• The Front Car Stopped Abruptly and Without Notice or Warning – Even if the back driver has a reasonable following distance, they may be unable to avoid a sudden unlawful stop.

These liability defenses stress the importance of accurately analyzing causation in rear-end collisions. If there were contributing causal factors outside of the rear driver’s control, it could mitigate their responsibility for the collision.

The Role of Alabama’s Contributory Negligence Rule

Most states have comparative negligence laws that allow you to recover some financial compensation after a car accident, even if you share partial fault. Alabama, however, is one of a handful of states that uses the older legal principle of contributory negligence.

Under contributory negligence rules, sharing partial fault for an accident will bar you from recovering any financial compensation whatsoever. Even if you are only 1 percent at fault, it will void any claim to monetary restitution. The rule is extremely strict, which is why few jurisdictions still use it.

The existence of contributory negligence makes establishing liability in rear-end collisions all the more pertinent. If someone rear-ends you and a court judges you partially responsible, you may not be able to recover any money at all. A rear-end collision attorney can gather evidence and present your claim to minimize any implications of fault. Your attorney can also rebut any attempts to shift or deny blame and center fault squarely on the opposing party.

Proving Liability After a Rear-End Collision

In most injury cases, proving liability requires showing the at-fault party was negligent. This requirement means the injury victim must prove the other driver violated some applicable reasonable standard of care.

In many traffic cases, though, the accident happened because a driver violated a specific law or statute. Under these circumstances, negligence per se may be applicable. Negligence per se is a legal doctrine that automatically holds individuals liable when they violate a law meant to protect a specific class. Under negligence per se, the injury victim does not need to prove negligence separately; instead, they can rely on the presumption that the defendant was negligent. The simple fact that the offender violated the law, regardless of the reason, is enough to establish negligence.

Negligence per se can apply in rear-end collisions in Alabama. If the rear driver violated the state’s following too closely law (20 feet of distance per 10 mph), they can be automatically liable. An attorney can use several types of evidence to prove the rear driver was violating traffic law, such as the following:

• Photographs of vehicle damage
• Video recordings (e.g., surveillance camera or smartphone footage)
• Physical evidence (e.g., tire marks, paint transfer, vehicle debris)
• Police accident reports
• Eyewitness testimony
• Vehicle GPS and event data recorder information

Common Injuries in Rear-End Collisions

One of the most common injuries from rear-end collisions is whiplash. Whiplash occurs when a sudden acceleration causes the head to snap backward, straining neck muscles, ligaments, and vertebrae. During rear-end collisions, the front occupant’s body accelerates while the head stays still, causing the whipping, jerking motion associated with injury.

Other serious injuries caused by a rear-end collision include the following:

• Bruises and soft-tissue injuries
• Traumatic brain injuries, head injuries, and concussions
• Neck and shoulder injuries
• Herniated disc or spinal cord injury
• Fractures and broken bones
• Cuts and lacerations
• Face, mouth, and eye injuries
• Bruised and broken ribs, internal bleeding, and other internal injuries
• Seat belt welts and abrasions
• Leg and knee injuries

The severity of injuries depends on several factors, most importantly vehicle speeds and size differences. However, low-velocity rear-end collisions can still cause injury. Some studies suggest that rear-end crashes at speeds as low as 5 to 10 miles per hour can cause whiplash injuries.

Damages You May Be Entitled to Recover

A car accident attorney can pursue rear-end collision compensation for the following types of losses after an accident:

• Emergency medical costs and continuing medical expenses, including prescriptions, rehab services, and outpatient care
• Lost work income and other forms of employment compensation
• Differences in your pre- and post-injury expected lifetime earning capacity
• Physical pain and mental suffering
• Emotional distress and anguish
• Loss of convenience from scarring or disfigurement
• Property damage, such as vehicle repair/replacement

Alabama does not cap recovery for noneconomic damages in personal injury cases, meaning there is no upper limit on how much you can receive for physical and emotional suffering.

What to Do If You’ve Been Rear-Ended in Dothan, AL

If you do not have severe injuries that require immediate emergency medical attention, start documenting the accident scene. Take pictures of vehicle damage, your injuries, and other relevant accident features such as road obstructions. Do not leave the scene without getting the contact and insurance information of the other driver. If there were any eyewitnesses, consider getting statements from them to use as evidence.

After initially documenting the scene, go to a doctor about your injuries. A doctor can diagnose your condition and produce documentation, which you will need to file an injury claim. Get copies of all medical records, including the following:

• Hospital intake forms
• Doctor and patient notes
• Diagnostic tests
• Imaging results
• Lab reports
• Prescription lists
• Discharge paperwork

The more evidence you can get, the better. Next, contact a car accident attorney to discuss the next steps. They can start building your case and initiate the claims process. A car accident lawyer can also negotiate with the insurance company and, if necessary, represent you in formal litigation.

Contact Our Alabama Car Accident Attorneys for Help

Alabama has one of the nation’s strictest civil liability systems, especially concerning auto accidents. If you suffered injuries in a rear-end car accident, you need an experienced attorney who can argue against your shared fault and protect your right to recover financial compensation. You pay nothing for us to get started on your case; instead, attorney’s fees come from a percentage of your jury award or settlement if we secure a favorable outcome in your case, so there is no risk involved.

Contact Stokes Stemle online or reach out via phone to speak to an Alabama car accident attorney for assistance with your claim. Consultations are free and without obligation.