Tom McCutcheon
Q:ย ย ย ย ย ย ย My daughter and her boyfriend were riding with another couple to the movies.ย They were sitting in the backseat.ย 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?ย Can my daughter sue the driver of the car in which she was a passenger?
Charles
Athens, AL
A: ย ย ย ย ย ย Charles, I am very sorry to hear about your daughter and hope she makes a quick and complete recovery.ย In Alabama, we have what is called the โguest passengerโ statute.ย 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.ย There are, however some exceptions to this rule.
First, a passenger can sue the driver if the driver is guilty of wanton conduct.ย Our courts have defined wanton conduct as driving under the influence of either alcohol or drugs or excessive speeding and reckless driving.ย 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.ย If on the other hand, the driver simply was not paying attention and was not speeding, then your daughter doesnโt have a case.
Secondly, if your daughter or your daughterโs boyfriend paid the driver to take them to the movies or, for example, gave the driver gas money, then the driver is considered a โdriver for hireโ and the โguest passengerโ statute does not apply.ย In this situation, your daughter could file suit against the driver.
Recently, I settled a clientโs 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.ย 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.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-349-2529
