An early morning Birmingham, Alabama truck accident has tragically killed a passenger who was in the sleeper berth of the truck at the time of the wreck. According to reports, the 18-wheeler overturned as it was traveling on the ramp to U.S. Hwy 280 from the Red Mountain Express. The initial investigation indicates the tractor-trailer may have been traveling too fast to make the curve. The victim was identified as Maja Tomevska of Illinois. Our condolences go out to her family and friends. In Alabama, under these circumstances where a passenger is injured or killed in a car or truck accident, the injured person or their family can not typically bring a claim against the driver of the vehicle they are riding in. Alabama has what is know as a Guest Passenger Statue, which generally prohibits a passenger or their estate from bringing a personal injury or wrongful death claim against a driver of a vehicle in which they are riding. Some noted exceptions that would allow such a claim to brought are: if you can establish wantonness on the part of the driver; establish the driver is under the influence of alcohol or drugs; or the passenger compensated the driver for the ride. Essentially, under these types of facts, the plaintiff must establish that the driver was either not giving the plaintiff a gratuitous ride or that the driver’s conduct was reckless and/or wanton.
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