HB575 Alabama 2019 Session

Under existing law, every vehicle upon a highway in this state, except a parked vehicle, is required to display lighted headlights from a half hour after sunset to a half hour before sunrise; at any time when the windshield wipers of the vehicle are in use because of rain, sleet, or snow, except when the use is intermittent because of misting rain, sleet, or snow; and at any time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet.

Also under existing law, a plaintiff in a negligence action cannot recover notwithstanding that he or she may have proven negligence on the part of the defendant, where the plaintiff's own negligence is shown by his or her or the defendant's proof to have proximately contributed to the plaintiff's damage, provided such contributory negligence is specially pleaded.

This bill would provide that if a plaintiff is contributorily negligent and the defendant is more than 50 percent negligent and in violation of the lighted headlamp requirements of existing law, the plaintiff is not barred from recovery.

Relating to motor vehicles; to amend Section 32-5-240, Code of Alabama 1975, to create the James Hooper Headlight Safety Act; and to provide for the recovery of damages in a negligence action for a violation.