As a passenger injured in a car accident in Alabama, you are almost never at fault — and you have access to more insurance coverage than most people realize. Simmons Law represents injured passengers throughout Mobile County and Baldwin County, pursuing claims against the driver of the vehicle you were in, the other driver, and your own uninsured/underinsured motorist coverage when necessary to make you whole.
Why Passengers Have Strong Claims in Alabama
Alabama's contributory negligence doctrine — which can bar a plaintiff from any recovery if they are even 1% at fault — rarely applies to passengers. A passenger sitting in a seat, belted in, with no control over the vehicle did nothing to cause the accident. As a result, passengers are among the strongest plaintiffs in Alabama car accident litigation. Insurance companies know this, which is why they often try to delay or lowball passenger claims hoping the injured person doesn't know their full rights.
There are narrow exceptions — a passenger who grabbed the steering wheel, distracted the driver, or encouraged reckless driving may bear some responsibility. But in the overwhelming majority of cases involving innocent passengers who simply rode in someone else's vehicle, Alabama's contributory negligence framework works in the passenger's favor.
Multiple Insurance Policies Available to Injured Passengers
As an injured passenger, you can pursue claims against multiple insurance sources simultaneously. First, the liability policy of the at-fault driver — whether that's the driver of your vehicle, the other vehicle, or both if both drivers contributed to the crash. Second, if the at-fault driver's insurance is insufficient to cover your damages, the underinsured motorist (UIM) coverage on your own auto policy can supplement the recovery. Third, if the at-fault driver was uninsured, your UM coverage applies directly.
Many passengers don't realize they can stack these sources. If you were a passenger in a vehicle driven by a family member and that family member caused or contributed to the accident, you can still file a claim against their liability insurance. The fact that it's a family member doesn't prevent recovery — their insurer covers the liability regardless of the relationship between driver and passenger.
When Both Drivers Are Responsible
In accidents where both the driver of your vehicle and the other driver share responsibility, you as a passenger can pursue claims against both drivers' liability policies. Alabama law does not require you to determine which driver was more at fault before proceeding — you can seek recovery from both simultaneously. This is particularly valuable in cases where one driver has inadequate insurance, because the other driver's policy may cover the gap.
Simmons Law has handled two-vehicle accident cases throughout Mobile County and Baldwin County where passengers were caught between competing insurance companies. Common accident scenarios include multi-vehicle collisions on I-10 east toward the Bayway, accidents on US-98 in Daphne and Fairhope, and intersection crashes on Airport Boulevard in Mobile where driver fault is split.
Typical Injuries and Damages for Passenger Accident Victims
Passenger injuries vary significantly based on seating position and accident type. Front-seat passengers face airbag deployment injuries, dashboard impact, and windshield contact in frontal collisions. Rear-seat passengers may be thrown forward with significant force if unbelted. Side-impact (T-bone) collisions are particularly dangerous for passengers seated on the impacted side since door panels and windows provide minimal protection.
Recoverable damages for injured passengers include emergency medical care, hospitalization, surgery, rehabilitation, physical therapy, lost wages during recovery, and pain and suffering. In severe cases involving spinal cord injuries or traumatic brain injuries, long-term care costs and lost earning capacity become major components of the damages calculation. Patients treated at University of South Alabama Medical Center, Mobile Infirmary, or Thomas Hospital in Fairhope should preserve all documentation from initial emergency treatment through final discharge.
What to Do If You Were Injured as a Passenger
After receiving medical treatment, your next step is contacting Simmons Law before speaking with any insurance company. Multiple insurers — the driver's insurer, the other driver's insurer, possibly your own insurer — will each try to minimize the claim. Insurance adjusters from each company will contact you. Each has a financial interest in minimizing or redirecting liability. Having Simmons Law serve as the single point of contact for all insurance communications protects you from making inadvertent statements that could be used against you.
Alabama's two-year statute of limitations under § 6-2-38 applies to passenger injury claims just as it does to other car accident claims. Cases filed in Mobile County Circuit Court or Baldwin County Circuit Court follow the same procedural rules. Simmons Law handles passenger injury cases on a contingency fee basis — no fee unless there is a recovery.
Related: Alabama uninsured motorist coverage · do I need a lawyer after a car accident in Alabama · Mobile car accident lawyer
