Can I Sue for Injuries I Got as a Passenger in a Car Accident in Alabama?

Alabama’s guest passenger law prohibits social passengers from suing the person who drove them after an accident. You might be unable to recover compensation for your medical bills and other expenses if your friend was responsible for the crash. However, there are some exceptions to this law. 

What Is the Alabama Guest Passenger Statute?

According to the Alabama Guest Passenger statute, a passenger injured in a car accident can’t sue the driver for negligence if they voluntarily accepted the ride. However, the injured passenger can sue the owner, operator, or person operating the vehicle if their willful or wanton conduct caused their injuries.

The unique circumstances of your case will determine what constitutes willful or wanton conduct. It differs from negligence, a common standard involved in car accident cases.

Negligence is a failure to exercise reasonable care to avoid harming someone else, resulting in an accident with subsequent injury and loss. Willful and wanton conduct involves a degree of awareness. That means the person knows their behavior could or will likely cause an injury or death.

Are There Exceptions to the Alabama Guest Passenger Statute?

The guest passenger statute creates challenges for any passenger injured in a car crash. You might be unable to file a claim or lawsuit against your driver if the statute’s standards apply to your situation.

However, some exceptions might entitle you to compensation. These exceptions include:

• Driving for hire – Rides for hire are exempt from the guest passenger statute. That means the ride benefitted you as a passenger, and the driver got paid. For example, if you rode in an Uber, you benefitted by getting to your destination. And the Uber driver benefitted by receiving money for their service.
• Intentional heedless behavior – Since negligent driving behavior creates an exemption to the guest passenger statute, pursuing action against the driver is possible if they acted willfully or wantonly. Intentionally operating a motor vehicle in a way that recklessly disregards any consequences increases the risk of a crash. Common willful or wanton actions include speeding, texting while driving, running red lights, and tailgating.
• Protesting the dangerous acts – The motorist might engage in reckless actions that you object to. Despite your disagreement with their risky behavior, they continue driving like that anyway. If that’s the case, you might be able to file a lawsuit against them for compensation.

Exemptions to the guest passenger statute don’t apply if you voluntarily get into a vehicle with a driver who is under the influence. The statute also doesn’t involve passengers in vehicles for business ventures or trips.

Who Is Considered a “Guest”?

A guest is a person who rides in a car without paying the driver. Payment doesn’t have to involve exchanging cash. The payment can be something tangible that the driver values or benefits from or that benefits both the driver and the passenger.

Who Pays for My Injuries If I Am Injured in a Car Crash Where I Am a Passenger?

Since the guest passenger statute doesn’t allow passengers to hold their driver liable for a crash, that can complicate the process of getting compensation. Your friend might have picked you up to go to dinner together or given you a ride to work while your car is at a repair shop.

If they cause an accident, they are not legally responsible for your injury and resulting medical expenses. Even if you file a claim, their auto insurer will likely deny it after discovering you were a passenger in its policyholder’s vehicle.

You must gather evidence to show the crash involved one of the exceptions to the guest passenger statute or that the driver participated in willful or wanton conduct. The insurance company might cover your medical care and other accident-related costs with substantial proof that an exception to the guest passenger statute applies.

If you are not able to secure compensation through their insurance company, you may have the following options:

• Personal injury lawsuit – If the insurance carrier denies your claim or offers an insignificant settlement despite evidence of an exemption, you might be able to file a lawsuit. You should consult an experienced attorney for advice on how to proceed.
• Claim against another at-fault driver – While the driver of the car you were in may not be liable, it’s possible someone else may be. If another driver was at fault for the collision, you could pursue a car accident claim against them. You may be entitled to compensation for your medical expenses, lost wages, and other losses.
• Your own insurance policy – Other options are also available to recover the money necessary for your treatment. Medical Payments (MedPay) is optional insurance in Alabama. If you included it on your auto insurance policy, you could file a claim with your insurer to pay for your medical expenses up to the available limit. MedPay can also cover copays or deductibles for health insurance and similar coverage.

What Should I Do If I Am a Passenger in a Car Accident?

If you sustained injuries in a car accident as a passenger, you might have a right to compensation for your losses. You should seek immediate medical care. Building a case against the careless motorist starts on day one.

If your physician recommends follow-up care, listen to their orders. You must attend your appointments regularly according to the recommended treatment plan. Deviating from the plan, stopping treatment too soon, or skipping appointments can negatively affect your case.

Although you’re not legally obligated to hire a lawyer, you should. A lawyer can investigate the crash to determine whether the driver should be liable for the accident. They can obtain valuable evidence, such as proof that the driver engaged in willful or wanton conduct.

Contact an Alabama Car Accident Lawyer

You should understand state laws and know your rights as a passenger after getting hurt in a car accident. Gartlan Injury Law can represent you in your case against the at-fault driver. We take a detail-oriented approach to developing a strategy to meet our client’s needs. You can depend on us to fight for you.

Call or contact Gartlan Injury Law for a free consultation today if you sustained injuries in a car crash as a passenger.

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Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.