Tom McCutcheon – Attorney at Law
Q: My son and his girlfriend 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 son was injured very badly. Is there anything he can do? Can my son sue the driver of the car in which he was a passenger?
Emma
Killen, AL
A: I am very sorry to hear about your son and hope he 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 son was a passenger was DUI or was speeding, your son may have a case. If on the other hand, the driver simply was not paying attention and was not speeding, then your son doesn’t have a case.
Secondly, if your son or your son’s girlfriend 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 son 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.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-349-2529
