Tom McCutcheon – Attorney at Law
Q: My daughter and her boyfriend were riding with another couple to the movies. They were sitting in the backseat. The driver of the car pulled out in front of another car and my daughter was injured very badly. Is there anything my daughter can do? Can my daughter sue the driver of the car in which she was a passenger? Shelia A. , Russellville, AL
A: Shelia, I am very sorry to hear about your daughter and hope she makes a quick and complete recovery. In Alabama, we have what is called the “guest passenger” statute. The guest passenger statute basically states that a passenger in a vehicle who is injured due to the fault of the driver of the vehicle cannot sue the driver for negligence. There are, however some exceptions to this rule.
First, a passenger can sue the driver if the driver is guilty of wanton conduct. Our courts have defined wanton conduct as driving under the influence of either alcohol or drugs or excessive speeding and reckless driving. Therefore if the driver of the automobile in which your daughter was a passenger was DUI or was speeding, your daughter may have a case. If on the other hand, the driver simply was not paying attention and was not speeding, then your daughter doesn’t have a case.
Secondly, if your daughter or your daughter’s boyfriend paid the driver to take them to the movies or, for example, gave the driver gas money, then the driver is considered a “driver for hire” and the “guest passenger” statute does not apply. In this situation, your daughter could file suit against the driver.
Recently, I settled a client’s case where my client, who was a passenger, was injured on his way to work when the driver fell asleep at the wheel and crashed. I successfully argued that my client and the driver did not fall under the guest passenger statute because they took turns driving to work and therefore their relationship was a business relationship and for their mutual benefit.
Finally, I would like to extend my sincere thanks and appreciation to all of our clients and their families. It is truly a blessing to have so many people come to us, usually at a time of great turmoil in their lives, and ask for our help and assistance in pursuing their claims. To represent every one of you is an absolute privilege and honor. From all of us here at McCutcheon & Hamner we wish you all a very safe and happy New Year!
Buckle up and drive safely.
(This informative article was written by Tom’s Law Partner, Joel Hamner)
McCutcheon & Hamner
2210 Helton Drive
Florence, AL 35630
256 764-0112
