Alabama’s Guest Statute, § 32-1-2, Ala. Code 1975, is a statute that every Alabamian should read. The purpose of the statute is to prevent drivers, who offer rides to guests, from being sued on a negligence theory, after a car wreck. Insurance companies use this antiquated statute, enacted in 1935, to deny countless viable injury claims. Even if it is beyond dispute that your driver’s negligent operation of their vehicle caused you to be severely injured, Alabama’s Guest Statute could bar your recovery of damages. The guest statute only applies to riders who were riding in the at-fault motorist’s vehicle, however. 

Is there a way to get around the Guest Statute?

As is the case with most laws there are exceptions, two of which are as follows:

    1.  The Guest Statute prevents a rider in a car from suing the driver of that vehicle for negligent conduct; hence, if it can be proven that the driver willfully and/or wantonly operated their vehicle, the protection of the guest statute will not be available to the at-fault driver. Proving willful/wanton conduct, however, requires a higher degree of proof than that required for proving negligence. Generally, wantonness has been defined as a reckless disregard for the consequences of one’s actions. Negligence is generally defined as failure to act with reasonable care.

    2.  The Guest Statute is intended to provide protection for drivers who offer free rides to people; hence, if an injured rider can prove that they paid their at-fault driver money or some material benefit, the guest statute’s protection for the driver is removed. 

A more detailed discussion of this unique Alabama statute is beyond the scope of this article.  An attorney with experience handling cases involving the guest statute may be able to recover damages for your injuries, in spite of the statute. Therefore, if you have been injured in an auto accident, while riding with an at-fault driver, contact an auto accident attorney immediately. 

If you sustained injuries while riding in someone else’s vehicle, an auto accident attorney from Jones & Jones, P.C. Attorneys at Law can help you determine how to proceed. Located in Andalusia, AL, this firm gives every client the attention they deserve. For more than 60 years, their auto accident attorneys have helped injured parties recover the funds they need to rebuild their lives. To request a consultation, reach out on their website or call (334) 222-3161. 

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.