(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, 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.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 6-5-702

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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.
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