Rights of a Passenger in a Car Accident

Were you seriously injured in a crash? Learn about the legal rights of a passenger in a car accident in this video.

Question:

What are my rights if I have been injured as a passenger in a car accident?

Answer:

Alabama has the Guest Passenger Statute, which is a very old statute. Most states don’t have this law any longer. Essentially, it means that unless you’re paying the driver of the vehicle in which you’re riding as a passenger, you can’t make a claim for negligence against the driver if they cause the accident. If you can prove that the driver of the vehicle that you were riding with knew or should have known that their conduct was likely to result in an accident, then the Guest Passenger Statute does not apply. We have presented those claims under a theory called wantonness or recklessness and have been able to circumvent the limitation of the Guest Passenger Statute and have been successful. These days, you see a lot of claims where people are in a vehicle, in a rideshare, and because they’re paying for that service, the Guest Passenger Statute does not apply. We investigate the case and figure out exactly if the Guest Passenger Statute is a legitimate defense. Insurance companies love to try to claim that a car accident was subject to the Guest Passenger Limitation. Oftentimes, we have found that it is not.

Were you or a loved one injured in a crash and have questions about the legal rights of a passenger in a car accident? Contact our experienced Huntsville Car Accident Attorney, Jacob Maples today for a confidential consultation and legal case evaluation.