Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

Can A Passenger Be Responsible For A Car Accident?

25 June 2021 by Kenneth Graham

When you are involved in an accident where you are not at fault, you'll likely place blame on the other driver. However, what if a passenger inside another vehicle caused the accident? The passenger might be arguing with the driver or even fighting. The passenger might simply be very distracting. But regardless of what the passenger is doing, the driver is likely to be found at fault.

Why the Driver is Probably at Fault

The driver has more control over the vehicle, and the actions that the driver takes is more likely to cause the accident. The driver also has the ability to pull over until the passenger is no longer a threat. However, the passenger can still be responsible for the accident if they cause the crash.

When the Passenger is at Fault

The passenger could be held at fault for the accident if they encouraged the driver to behave in risky activities that lead to the accident. For example, if the passenger encouraged the driver to travel at a very high speed or perform donuts in the middle of the street, the passenger might be held partially at fault.

Also, if the passenger provided the driver with alcohol, such as if a parent gives a teenager an alcoholic beverage before the teenager gets behind the wheel, the parent might be held liable for the crash.

How to Hold the Passenger Liable

To sue the passenger, you must prove that they engaged in actions that lead to the accident. You may need help from a witness or one of the parties might admit that the passenger was interfering with the driver's ability to drive safely. 

For example, if a witness sees the passenger put their hand on the steering wheel, the passenger automatically becomes a driver and can be held liable in the same way as the individual driving the car.

Why It's Better for the Driver to Be at Fault

The driver will be covered by an auto insurance provider and will be required to carry liability insurance. Therefore, you will probably want the driver to be responsible for the accident anyway.

If the passenger is responsible for the accident, you may be forced to sue the passenger directly. If the passenger does not have any assets, you may simply be unable to receive compensation for your injuries. If you are not sure how best to tackle your case, it's important to speak with a personal injury attorney.

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