Can Passenger be Liable For The Accident?

In the car accident, it is believed that driver is always at fault. But that is not always the reason for the collision. The driver must stay alert, focused, unimpaired, and undistracted during driving. However, there are some situations when passengers are liable for the road collision.

Generally, there is no such thing as a passenger’s recklessness in a car accident. If the driver thinks that a passenger can cause a crash then it’s the responsibility of the driver to pull over the car until they get back on the road safely. Buckle up to learn more about the responsibility of a passenger in the car wreck cases.

Liability of the Passenger

A passenger is a person who rides in the car with the driver or to get from one place to another. In the personal injury claim, there are certain actions of the passenger that impact the case like if the passenger is found behaving in a certain way that became the cause of the accident.

Even if the passenger sustains an injury, he/she may not get the compensation depending on the situations surrounding the incident that caused the accident to happen. To determine the fault in this situation, there are some factors that must be considered.

One such prime example is when the individual willingly or knowingly takes the ride in the vehicle with the driver who is under the influence of drugs or alcohol. This is known as ‘nonverbal consent’ to risk safety.

There are some other situations as well that fall under this category. These include:

• Speeding
• Drowsy driving
• Distracted driving
• Reckless driving
• Fail to announce or recognize a foreseeable hazard

Sometimes, liability in a car accident also falls on the passenger when they had a heated argument with the driver. In such scenarios, during the driving, if the passenger places their hand on the steering wheel, automatically it turns them into the driver. Thus, when the passenger lunges for the steering wheel and crashes happen then they are liable for the compensation of the injuries and damages of the victim.

It’s the sole responsibility of the driver for whatever occurs during driving. However, if a passenger interferes with the driver then he/she is also responsible for the accident. Here are some reasons other reasons that held the passenger accountable for the crash

• Looking at the message on mobile being shared by a passenger
• Fighting with the driver
• Encouraging the driving to take part in the race
• Pressuring or encouraging the driver to use drug or alcohol

Why Is It Important To Seek Legal Help

Duty and negligence of the passenger greatly impact what occurs after the accident. If you got injured in a car crash and you think the passenger is responsible for the crash then you need a San Jose Accident Attorney on your side.

They can answer any of your questions regarding the accident liability and compensation claim. Moreover, they will lookout for the best of your interest at every step of the trial.

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This post was written by Mark Kennedy