Alabama (contributory, still in force)
Still contributory. Punitive-cap fights are the usual reform vehicle.
Last checked Sep 17, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- If you share blame
- If you are even slightly at fault, you may recover nothing. This is the harshest rule still on the books.
- Ordinary injury time limit
- 2 years. Ala. Code § 6-2-38. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
- Caps on pain and suffering
- Punitive damages are capped by statute in many cases. Contributory negligence remains the complete defense.
What that actually means
Alabama is not a no-fault state. Required coverage is liability insurance (Ala. Code § 32-7A-4), not PIP. People search that question because they heard Florida ads. The answer is no, and the next sentence is worse.
Contributory negligence is still the complete defense. The Alabama Supreme Court left that to the legislature in Golden v. McCurry, 392 So. 2d 815 (Ala. 1981). The legislature has not moved it. If a police report hints that you were speeding, that hint is the case.
Ordinary injury is two years (Ala. Code § 6-2-38). Last-clear-chance and wantonness are doctrines, not a plan. Failure to wear a seat belt is not, by itself, contributory negligence (§ 32-5B-7).