Alabama § 6-5-702 Rebuttable Presumption That Prohibited Conduct Was the Proximate Cause of Injury, Damages, or Wrongful Death

Alabama Statutes

§ 6-5-702 — Rebuttable Presumption That Prohibited Conduct Was the Proximate Cause of Injury, Damages, or Wrongful Death

Alabama·Title 6 Civil Practice·Ch. 5 Actions·Art. 36 Civil Liability of Contractors.

(a)In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, when it is established by a preponderance of the evidence that the operator of the vehicle engaged in conduct that would have supported a violation of Sections 32-5A-191 or 32-5A-350.1, or that the vehicle was traveling at a rate of 25 or more miles per hour over the applicable speed limit, there shall be established a rebuttable presumption that the prohibited conduct was the proximate cause of the injury, damages, or wrongful death.

(b)The rebuttable presumption established in subsection (a) may be overcome by the plaintiff establishing, by a preponderance

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(a) In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, when it is established by a preponderance of the evidence that the operator of the vehicle engaged in conduct that would have supported a violation of Sections 32-5A-191 or 32-5A-350.1, or that the vehicle was traveling at a rate of 25 or more miles per hour over the applicable speed limit, there shall be established a rebuttable presumption that the prohibited conduct was the proximate cause of the injury, damages, or wrongful death.
(b) The rebuttable presumption established in subsection (a) may be overcome by the plaintiff establishing, by a preponderance of the evidence, that the prohibited conduct was not the proximate cause of the injury, damages, or wrongful death.

Alabama § 6-5-702 (Rebuttable Presumption That Prohibited Conduct Was the Proximate Cause of Injury, Damages, or Wrongful Death) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.