Legal Question in Personal Injury in Alabama

Passenger killed in automobile accident

My niece was killed in an auto accident on 7/30/02 she was the passenger. They were on their way to a baseball game in Atlanta. I was told that they were arguing and the driver decided to turn around and come back home and that he started to exit and the passenger grabbed the steering wheel to the left and the car left the road and flipped several times she was dead on the scene. The driver was treated and released. My niece was about 2 months pregnant and has not known this guy but about 3 months. He has been to my house with her on 2 separate occasions and is a police officer and told the investigating officer he did not know how to get in touch with me. We also worked for the same company and the state trooper came to my job to advise me of this incident. I did not find out about my niece's death until the next day. I believe there is more to this story that has been told? Can you offer any suggestions? Also, she left several bills and I need to know what to do about them. The only thing she had was insurance through her job where I am the beneficiary. Am I liable for paying her creditors?


Asked on 8/06/02, 7:23 pm

2 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Passenger killed in automobile accident

It is difficult to tell from your description what exactly happened. Alabama has what is known as the Guest Passenger Statute which says that if you are a passenger in a car, you cannot sue the driver unless he was wanton (beyond mere negligence). If your niece pulled the steering wheel and caused the accident, it is doubtful that her estate could recover for wrongful death. However, if she did not cause the accident and she had a vehicle with uninsured motorist coverage on it, her estate might be able to recover against her own insurance policy for the negligence of the other driver. With regard to her bills, her creditors would have to file a claim against her estate if she has any assets. If she has no assets, the creditors are out of luck, and you DO NOT owe the bills unless you signed a contract agreeing to pay them.

I know a lot of this is complicated and difficult to understand. If you have any further questions, I would be glad to discuss them with you. You may call me at (205) 254-3927 or (888) 295-7409.

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Answered on 8/07/02, 9:43 am
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Passenger killed in automobile accident

You need serious legal help immediately. There are numerous issues to be resolved and you need to contact an attorney, today if possible. Time is of the essence for several reasons. If you would like to discuss this matter with me, please give me a call at 205-458-1100 and I would be happy to talk with you. Please call today if possible. My cell phone is 205-602-2164. If I am unavailable please talk to my partner, Tom Talty, at the same phone number.

Thank you.

Sterling L. DeRamus

Attorney at Law

2015 First Avenue North

Birmingham, Alabama 35203

205-458-1100

205-602-2164

[email protected]

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Answered on 8/07/02, 11:46 am


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