This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Alabama Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)
State:
Multi-State
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
When you are involved in an car accident in Alabama, whether the accident was your fault or not, it is against the law to leave without fulfilling certain duties.
Contributory negligence laws in Alabama can prevent an injured person from recovering anything if they were in any way at fault for the accident. That means that negligence could be proven, yet the responsible party would still be able to walk away without paying any damages.
Note that, per California's laws, drivers are required to stop at the scene of an accident even if they didn't cause the collision. Drivers have a duty to stop even if the collision took place on someone's private property.
Settlement Value of Alabama Auto Accident Cases INJURY SEVERITY LEVELSETTLEMENT VALUELEVEL I (minor)$15,000 ? $32,000LEVEL II (moderate)$48,000 ? $135,000LEVEL III (severe)$175,000 ? $450,000
A vehicle involved in an accident with injury to or death of any person may not be moved until directed by a law enforcement officer.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.
Under Alabama law, however, there is a doctrine known as ?contributory negligence," which can be a defense if the plaintiff, which in this example would be you, contributed to the accident. Let's say you failed to use your blinker or look over your shoulder when you were changing lanes.
Ala. Code § 32-1-2, also known as the guest passenger rule, states drivers are not liable for passengers' injuries in most accidents. This means that if the driver of your vehicle was at fault for the accident, you may not be able to bring a claim against them to recover damages.
Leaving the scene of an accident in Alabama is considered a hit-and-run, and it's illegal. The penalties for leaving the scene of an Alabama car crash are a Class A misdemeanor for a property damage-only accident or a Class C felony for an accident that results in personal injury or death.
Contributory negligence is an affirmative tort defense in negligence cases that negates any damages for a plaintiff who is found to have contributed to their own injury, even if that contribution was minimal.