Guest Passenger Statute

posted on:
January 11, 2010


Community, Law Call

Alabama has what’s known as the Guest Passenger Statute, which says that if you are a passenger in a car, you can’t sue the driver for simple negligence. Simple negligence means that the driver was not exercising the standards of care required of a person driving a car.

The Guest Passenger Statute requires you to prove “gross negligence.” This means you have to prove that the driver was behaving in a wanton manner.

Gross Negligence
• Driver was drunk
• Speeding excessively
• Driving recklessly

In other words, you must establish that the driver was drunk, speeding excessively or driving in an otherwise reckless manner.

The only other exceptions to the “Guest Passenger Statute” are situations in which the passenger compensated the driver for the ride. However, with a thorough examination of the facts of a case, an attorney may be able to establish that the driver’s actions went beyond simple negligence.

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