Any person against whom an adjudication of liability for a civil violation is made under this subpart, or the ordinance passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a cause of action against any person who may be shown to have been operating the vehicle recorded at the time of the violation for the amount of the civil fine actually paid plus any consequential or compensatory damages and a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity. Provided, however, that as a condition precedent to the bringing of a civil action, that the person held responsible for payment of the civil fine must first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement. Any cause of action brought pursuant to this section must be commenced within two years from the date of the payment of the civil fine for a red light violation.
Structure Code of Alabama
Chapter 51A - Montgomery County Municipalities.
Part 6 - Highways and Traffic.
Division 2 - Montgomery Red Light Safety Act.
Section 45-51A-35.20 - Short Title; Adoption of Procedures.
Section 45-51A-35.21 - Legislative Findings.
Section 45-51A-35.22 - Definitions.
Section 45-51A-35.23 - Utilization of Photographic Traffic Signal Enforcement System.
Section 45-51A-35.24 - Notice of Violation.
Section 45-51A-35.26 - Order of Municipal Court; Judicial Review.
Section 45-51A-35.27 - Appellate Procedures.
Section 45-51A-35.28 - Identifying Owner of Vehicle.
Section 45-51A-35.30 - Adoption of Procedures; Statistical Data.
Section 45-51A-35.31 - Control Devices and Timing.
Section 45-51A-35.32 - Criminal Violations.
Section 45-51A-35.33 - Civil Action Against Person Operating Vehicle.