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

(a) In any action for injury, damages, or wrongfuldeath, whether in contract or in tort, against an awardingauthority or its contractors arising from any negligent act oromission in the construction or maintenance of a public road, when it is established by a preponderance of the evidence thatthe operator of the vehicle engaged in conduct that would havesupported a violation of Sections 32-5A-191 or 32-5A-350.1, orthat the vehicle was traveling at a rate of 25 or more milesper hour over the applicable speed limit, there shall beestablished a rebuttable presumption that the prohibitedconduct was the proximate cause of the injury, damages, orwrongful death. (b) The rebuttable presumption established insubsection (a) may be overcome by the plaintiff establishing,by a preponderance of the evidence, that the prohibitedconduct was not the proximate cause of the injury, damages, orwrongful death. (Act 2012-225, p. 414, §3; Act 2023-316, §1.)