Title: Alabama Complaint Regarding Auto Accident (Guest Passenger vs Both Drivers): Understanding Your Options Introduction: When an auto accident occurs in Alabama involving a guest passenger and both drivers, it is crucial to understand the legal recourse available to you. In this detailed description, we will explore the various types of Alabama complaints applicable to such situations, providing you with valuable insights and information. Keywords: Alabama complaint, auto accident, guest passenger, both drivers. 1. Alabama Negligence Complaint: Under Alabama law, if you were a guest passenger involved in an auto accident where negligence is evident on the part of both drivers, you may file a negligence complaint. This complaint focuses on establishing the failure of both drivers to exercise reasonable care, leading to the accident. Keywords: Alabama negligence complaint, guest passenger, auto accident, negligence. 2. Joint and Several liabilities: In certain cases, a guest passenger may file a joint and several liability complaints against both drivers. This complaint asserts that both drivers should be held responsible for the accident, collectively or individually, based on their proportionate fault. Keywords: joint and several liabilities, guest passenger, both drivers, auto accident. 3. Comparative Negligence Complaint: Alabama follows the doctrine of pure comparative negligence. If you were a guest passenger, and it can be argued that you contributed to the accident in any way, you may file a comparative negligence complaint. This complaint seeks to determine each party's percentage of fault and adjust the damages accordingly. Keywords: comparative negligence complaint, guest passenger, auto accident, both drivers. 4. Insurance-Related Complaints: a) Under insured Motorist (UIM) Complaint: If the coverage limits of both drivers' insurance policies are insufficient to adequately compensate you for your injuries, you may file an Under insured Motorist (UIM) complaint. This complaint targets your own insurance policy's UIM coverage, seeking additional compensation to bridge the gap. Keywords: UIM complaint, under insured motorist, guest passenger, auto accident. b) Uninsured Motorist (UM) Complaint: In the unfortunate event that one or both drivers involved in the accident lack insurance coverage, you can file an Uninsured Motorist (UM) complaint. This complaint utilizes your own insurance policy's UM coverage to seek compensation for injuries resulting from the accident. Keywords: UM complaint, uninsured motorist, guest passenger, auto accident. 5. Product Liability Complaint: If the accident resulted from a defect in the vehicle or any auto part, you might consider filing a product liability complaint against the manufacturer or distributor. This complaint focuses on holding them liable for the damages caused by the defect. Keywords: product liability complaint, guest passenger, both drivers, auto accident. Conclusion: When involved in an auto accident in Alabama as a guest passenger, it is vital to understand the various types of complaints you can file against both drivers. By knowledgeably navigating through these legal options, you can seek the appropriate compensation for your injuries and other damages. Consulting with an experienced attorney will ensure that your rights and interests are protected throughout the legal process. Keywords: Alabama complaint, auto accident, guest passenger, both drivers, legal options, compensation.
Alabama Complaint regarding Auto Accident (Guest passenger vs both drivers)
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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.
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.
Cognitive distraction. Even a single passenger can take your attention off the road if you're engaged in an intense discussion with them. Conversations require mental focus and, when they're happening in a car, your focus is stolen from the task of driving.
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
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.
Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.
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.
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.