This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.
Alabama Complaint regarding Auto Accident (Guest passenger vs both drivers)
State:
Multi-State
Control #:
US-PI-0304
Format:
Word;
Rich Text
Instant download
Description
How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Both Drivers)?
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FAQ
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.