Car accidents raise many legal issues. Being a passenger in a car accident can make a seemingly simple accident twice as complicated. Can you sue the driver of the car you were riding in? If you do, who pays for your injuries? Questions like these make suing for accident injuries as a passenger a complex task.
This article discusses the rights of injured passengers under Alabama law, including the Alabama guest passenger statute. It explains when the guest passenger law applies, how it affects recovery after a crash, and how a Birmingham personal injury attorney can help you after an accident.
A Quick Review of Responsibility for Accident Injuries Under Alabama Law
Before the law holds a person responsible for causing someone else’s injury, it looks at their behavior. One level of behavior is negligence. A person who is negligent fails to act with the care that a reasonable person would have under similar circumstances.
Willful and wanton behavior is a level above ordinary negligence. In Alabama, wanton behavior happens when a person knows that their actions are dangerous but continues the actions anyway.
Simply put, in ordinary negligence, the driver should have been aware that they were creating a risk of an accident, but because they weren’t doing the things that a reasonable driver would have done, they were not. In willful and wanton behavior, the person knows that they are creating a dangerous situation but forges ahead anyway. Essentially, it’s the difference between failing to see a stop sign because you were not paying attention and seeing a red light and slamming on the gas.
Can a Passenger Sue the Driver Under Alabama Law?
The answer depends on which driver you’re talking about. If you’re talking about the driver who hit the car that you were a passenger in, the answer is “yes.” (We’ll come back to this point later.) However, injured passengers who want to sue the driver of the car that they were riding in must deal with an Alabama law called the guest statute. This law says that a person who is a passenger, or guest, can only sue under certain circumstances.
Who is a “guest”?
A person is a guest when they are given a free ride that does not benefit the driver in any way. As such, accidents that occur in a taxi or a rideshare service such as Uber or Lyft do not fall under the guest statute. Similarly, a person who pays someone for a ride or travels with them for a business purpose that benefits the driver is not a guest under the law.
When can a guest passenger sue in Alabama?
If the passenger is truly a guest, the law says that the guest passenger can only sue the driver of the car that they were in if
the driver’s behavior rises to the level of willful or wanton misconduct. So, if your driver’s behavior is merely negligent, you likely cannot recover.
Examples of ordinary negligence might include:
- Failing to check a blind spot
- Misjudging the distance of another vehicle
- Momentarily looking away from the road
- Braking too late
Examples of willful and wanton conduct could be:
- Driving under the influence
- Drag racing
- Aggressive driving
- Excessive speeding
- Intentionally disobeying traffic signs or signals
If your driver engaged in wanton actions such as those listed above, you may be able to sue under the Alabama guest statute.
Will My Friend Have to Pay My Accident Damages Out of Their Pocket?
Even when they qualify to sue under the guest statute, one of the biggest worries people have is taking money from a friend or family member. This is a valid concern, but rest assured. Most passenger accident claims are paid by insurance companies, not individuals.
Can an Injured Passenger Sue Both Drivers?
Yes. If the guest statute allows you to sue the driver of the car you were riding in, you can also sue the driver of the other car. In fact, if your crash was caused by multiple vehicles, you can pursue claims against each of these drivers.
My Claim Is Blocked by the Guest Statute. What Can I Do?
Even if the Alabama guest statute prevents you from suing the driver of the car that you were riding in, all is not lost.
First, the guest statute has exceptions. Your Alabama injury attorney can tell you more and help you figure out if any apply in your case.
Second, even if the guest statute is not on your side, you can still sue the driver of the other car. Your ability to sue under the guest statute has no bearing on your ability to sue that person. Even better, you will only have to prove negligence, not willful and wanton behavior.
Your Birmingham car accident lawyer can tell you more about your options.
Talk to an Alabama Accident Lawyer About Your Passenger Injury Claim
The Alabama guest statute makes accidents that injure passengers complicated. However, an experienced attorney can guide you through the process. They can investigate your accident, talk to insurance companies on your behalf, and much more.
If you were injured in a crash as a passenger and need legal help, contact Collins Law, LLC. We can help you get the compensation that you deserve. Call 205-588-1411 or use our contact form to schedule your free consultation today.
