Alabama · Passengers

I was hurt as a passenger in a friend's car — can I sue the driver in Alabama?

Maybe not for ordinary negligence. Alabama still has a Guest Passenger Statute — essentially the last one left in the country. A non-paying guest generally must prove the driver's willful or wanton misconduct, not mere negligence.

Last refreshed August 26, 2026

Coverage scopeAlabama passenger-injury claims against a host driverAnswer familyPolicies & rules
Stable fieldsAlabama statutes and common-law doctrineDynamic fieldsInsurance limits, case results

The short answer

How the guest statute works

How the guest statute works at a glance

Passenger typeWhat you must prove
Non-paying guestWillful or wanton misconduct
Paying passenger (gas money, a rideshare fare)Ordinary negligence

Authorities

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Related questions

I gave my friend gas money — does the guest statute still block me?

Likely not. Contributing to the cost of the trip generally takes you outside the guest statute, so ordinary negligence may be enough.

What counts as willful or wanton misconduct by a driver in Alabama?

Examples on this page are intoxication or extreme recklessness. Ordinary carelessness is not enough; a non-paying guest must show the driver's conduct rose to that level.

Is Alabama really the only state that still has a guest passenger statute?

Essentially yes. Every other state has repealed or struck down its guest statute, while Alabama's remains in force.

Does the guest statute apply if I paid a rideshare fare or chipped in for gas?

If you contributed to the cost of the trip, you generally fall outside the statute and can sue for ordinary negligence.

What law is the Alabama guest passenger statute?

It is codified at Ala. Code 32-1-2.