Alabama Car Accident Lawyer Blog

The Opelika-Auburn News reported that on the morning of Thursday, April 19, 2012, a woman crashed her SUV into a utility pole. The police would only say that the woman was in her later 30s, but they would not release her identity to the media. The accident happened at 7:45 am in the 1100 block of Sanders Street.

At this time the police are not sure of the cause of the accident. It was raining so it is possible that the driver hydroplaned. She lost control of her vehicle and crashed into the utility pole. The impact snapped the utility pole and it fell across Sanders Street, blocking it for nearly an hour. Her vehicle came to rest on its side.

Lt. Jonathan Ley of the Auburn Police department told the media that the driver was alone in the vehicle, which was a Nissan Murano. Ley also said that he does not believe that alcohol was a factor in the crash. Fortunately no one was injured in the crash, not even the driver.

Though no one was seriously injured, the downed utility pole affected residents in the area. Most were switched to an alternate power source while employees worked to get the pole back up and running. Power was quickly restored. Within 30 minutes, all residents had full utility services.

It is extremely fortunate that this accident did not result in any injuries, but there was damage done to the utility provider's property. If there was negligence on the part of the driver, she could be held liable for the property damage. When the police conclude their investigation into the accident, more will be revealed about how the crash occurred and whether the driver was at fault.

As Auburn car wreck attorneys we routinely see the devastating aftermath of collisions caused by such distracted driving accidents. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama car accident lawyers today.

Source: "Driver uninjured in car-pole crash early in Auburn," by Donathan Prater, published at OANow.com.

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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.