When most people think of liability in car accidents, they assume that the driver is at fault. Few people, however, realize that passengers can also cause accidents and be held legally responsible for their part.
Nagging passengers and riders who distract the driver can cause serious incidents, yet they are rarely held responsible. In reality, it takes a special set of circumstances for a passenger to be named liable for a car accident.
Passengers are known to cause distractions to drivers
In general, passengers can either be a help or a hindrance to the driver. On one hand, they can answer cell phone calls on behalf of the driver, watch out for traffic and assist with navigation. They can also attend to other passengers in the car, namely children.
On the other hand, they can be terribly distracting and potentially dangerous. They can divert the driver’s attention with an intense conversation, nag the driver, make sudden noises, or even start physical altercations.
Finding fault when the passenger causes an accident
In general, passengers are not held liable for accidents, even if their actions caused them. In addition, passengers may have a hard time obtaining compensation from the driver under certain circumstances.
A common situation is when a passenger knowingly enters a vehicle with an intoxicated driver or who is under the influence. Insurance companies have been known to deny claims from passengers who willingly put themselves in danger with irresponsible drivers.
You will need a car accident attorney based in Indianapolis who can file your claim and help you get the compensation you deserve. The lawyer can help you compile compelling evidence to support your claim. These cases are legally challenging and should not be tackled without legal assistance.
Can passengers cause the driver to have an accident?
There are a few common ways that passengers can cause the driver to get into an accident. In rare cases, they have been found liable and made to pay a portion of the damages. These situations include:
- Intentionally blocking the driver’s view
- Grabbing the steering wheel and intentionally causing a crash
- Striking the driver
- Showing the driver videos, text messages, or other content while they are operating the vehicle
While the passenger may technically be responsible for causing the crash, it can be difficult to prove fault in this case.
Is the driver liable even if the passenger caused the accident?
The driver must operate the vehicle safely and provide a safe environment for the passengers and other motorists. The driver is expected to ignore distractions and even ask the passenger to exit the car if their actions are causing an unsafe environment.
The driver is not obligated to look at a text message simply because the passenger showed it to him. If the passenger is nagging and starting a distracting argument, the driver should pull over and stop operating the vehicle until it is safe.
In most cases, drivers cannot use passenger behavior as an excuse for unsafe driving. Courts have been known to hold both the driver and the passenger responsible for these incidents.
There are, however, cases in which the driver could not ignore the passenger’s actions and prevent an accident. If the passenger grabs the wheel and steers the car into traffic, for example, there was likely nothing the driver could do. In this case, the passenger can be held liable.
Whose insurance pays when a passenger causes a wreck?
If a third party is injured by a driver whose passenger caused a wreck, the party often sues the driver of the car in which the distracting passenger was riding. The driver can then sue the passenger for damages. These are tricky cases that require a deep knowledge of the law and how to apply it in special circumstances.
The bottom line
If your unruly or nagging passenger caused an accident, you may be able to recover damages. Reach out to a legal expert and go over your case in an initial consultation. Even a short discussion can shed a lot of light on your predicament and highlight the path that you should pursue.
Story by Kerry L. Tucker. Early in his journalism career, Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.
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