A two car accident on Shug Jordan lane in Auburn (Lee County) has claimed the life of Amanda Polston of Auburn, Alabama. Polston was a front seat passenger in a car traveling east on Shug Jordan lane when the driver of her car veered into oncoming traffic and struck a Toyota Sequoia. Ms. Polston died as a result of her injuries and the driver of her vehicle was also injured along with occupants of the SUV. Auburn police are still investigating the cause of the wreck.
This tragic accident gives rise to one important and distinct area of Alabama car accident law and that is Alabama's Guest Passenger Statute - Ala. Code § 32-1-2. (enacted 1935). This law basically states that if you are a guest in someone's car IE you're not paying for the ride - and your injured or killed as a result of the driver's negligence you cannot file a claim against that person. This law specifically states:
§ 32-1-2. Owner's liability.
"The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle."
Thus, unless you're paying for the ride and/or the driver is receiving some type of monetary benefit from you riding with them or it's their job to drive you somewhere if that person wrecks as a result of some negligent act then you cannot hold them liable for your injuries. The one big exception noted in the law is if the driver was acting in a willful or wanton manner. For example, if it could be established the driver was drunk or high on drugs then a claim could likely be made for a passengers injuries as the driver's conduct would likely be considered willful or wanton.
