Understanding the Alabama Guest Statute

If you were injured while riding in the vehicle of a driver who caused a crash, you might naturally think you may be entitled to compensation from that driver. However, in Alabama, claims for compensation filed by passengers are subject to the Alabama Guest Statute, an arguably outdated law that restricts passengers’ ability to hold the driver of their vehicle liable for their injuries.

When you’re involved in a serious motor vehicle accident as a passenger in Alabama, you need experienced legal representation to help you pursue financial relief for the expenses and losses you suffer. Reach out to Gartlan Injury Law today for a free initial case review to discuss your legal rights with an auto accident attorney from our firm.

What Is the Alabama Guest Statute?

The Alabama Guest Statute limits the ability of “guest” passengers to file claims for compensation against the driver of the vehicle they were riding in when a motor vehicle accident occurred. Alabama and many other states in the U.S. passed guest statutes in the 1920s and 1930s when car accidents more frequently occurred due to the lack of developed road networks.

Proponents of the law argued that the guest statute properly limited the liability of a driver who had agreed to transport someone free of charge, particularly when hitchhiking was still a common practice in the early 20th century.

However, others have claimed that the law was motivated by the insurance industry lobbying to reduce their exposure to liability and prevent bogus claims by colluding drivers and passengers. While every other state in the country has since repealed or amended its guest statutes, Alabama remains the last state to have such a law remaining on its books.

What is the Definition of a “Guest” in the Alabama Statute?

The Alabama Guest Statute only applies when a passenger is a “guest” in the driver’s vehicle. The statute defines a “guest” as any person who was being transported in the driver’s vehicle without paying them.

Compensation does not need to take the form of money. It can include anything of tangible benefit or value to the driver, or where transporting the guest is mutually beneficial to the driver and the guest. But this means that passengers in taxis, rideshare vehicles, or livery vehicles clearly fall outside the statute’s definition of a “guest.”

What Are the Provisions of the Alabama Guest Statute?

Under Alabama’s Guest Statute, a passenger who qualifies as a “guest” can only seek recovery from the driver of the vehicle they were riding in under limited circumstances. A guest may not pursue financial compensation when their driver causes an accident solely through ordinary negligence, such as making an unsafe lane change. Instead, a guest can only maintain a claim where the driver engaged in “willful or wanton misconduct.”

Willful and wanton conduct is deemed more serious than negligent behavior. It typically refers to a conscious or reckless disregard for the safety or rights of others and often involves a substantial risk of injury. Examples of driver behavior that may be deemed willful or wanton misconduct include:

• Driving under the influence of alcohol or drugs, particularly when a driver has prior convictions for DUI
• Excessive speeding
• Racing
• Reckless or aggressive driving such as intentionally tailgating another vehicle or swerving in and out of traffic

If you are afraid the guest statute may apply to your case, reach out to our firm for a free, no-obligation evaluation. We may be able to argue that the guest statute should not apply or that another party is responsible for your injuries.

Are There Exceptions to the Alabama Guest Statute?

While the Alabama Guest Statute may make it seem as though it’s impossible to seek compensation from an at-fault driver, the statute does have certain exceptions and limitations, such as when:

• A passenger conferred some benefit upon the driver – Although the guest statute refers to “compensation” given to a driver, this term has been defined broadly to encompass many different circumstances. Compensation may include any sort of benefit provided by the passenger to the driver. For example, if a friend picks you up to drive you to their house to help them move, that may be considered a benefit that brings you outside the scope of the guest statute.
• A passenger was carpooling – Carpooling may be construed as mutually benefitting both parties.
• A passenger was a minor or incapacitated – Minor children or incapacitated individuals typically fall outside the scope of the statute as well.
• Reckless driving – If the driver was operating the vehicle in a reckless fashion, you might still be able to bring a claim.

How Can a Personal Injury Attorney Help?

Pursuing compensation as a passenger can be difficult due to Alabama’s Guest Statute. You might consider hiring a knowledgeable personal injury attorney who is aware of complex laws like the Alabama Guest Statute. They will fight for fair compensation for medical bills, lost wages, and other expenses and losses you suffer due to your injuries. A personal injury attorney can help you with your claim by:

• Thoroughly investigating the facts and circumstances of the accident
• Recovering evidence that may establish liability in your case, such as video footage, cell phone records, or eyewitness statements
• Working with accident reconstruction experts to determine what happened in the accident and evaluate if the driver of your vehicle engaged in willful or wanton conduct
• Reviewing evidence to determine if you do not qualify as a “guest” under the statute or if another exception to the statute applies in your case
• Documenting your injuries and calculating your expenses and losses
• Pursuing insurance claims to try to reach a negotiated settlement, or taking your case to court and trial, if needed, to fight for compensation on your behalf

Talk to an Attorney at Gartlan Injury Law

If you or a loved one have been injured while riding as a passenger in the car of someone who causes an accident, contact Gartlan Injury Law today for a free, no-obligation consultation to learn more about your options for recovering compensation for your injuries. Our firm stands ready to protect your rights and help you pursue the best possible outcome in your case.