Can a Passenger Ever Be At-Fault in a Car Accident?

As the person behind the wheel, the driver directly holds the responsibility of making sure that their passengers arrive at their destination in a safe and legal manner.

The bottom line is that drivers should do everything in their power to avoid having distractions that prevent them from focusing completely on the road. But what if a passenger is loud, distracting, or is preventing the driver from keeping their eyes on the road in some way? If a car accident occurs when this happens, could the fault lie on someone else?

Legal Responsibility

Even if a passenger is causing a distraction, the driver will still be held responsible if an accident occurs. It is the driver’s responsibility to ensure that they drive safely. If there are things that are preventing the driver from paying full attention to the road, they should pull over until the distraction has stopped.

If the passenger encourages the driver to engage in reckless behavior while behind the wheel, the driver is still responsible for making a conscious decision, but the passenger can also be held partially liable for directly influencing the driver. These situations include being encouraged to speed, drink, use drugs, etc.

There are also situations where the passenger could be the one at fault. These instances are rare and most of the time require a direct interaction with the driver or the vehicle. Grabbing the wheel, pushing the gas or brake pedals, and blinding or otherwise incapacitating the driver are all examples of this. In this scenario, the passenger would be fully responsible for the accident, not the driver.

If the passenger and driver are the only people in the vehicle, this scenario could be difficult to prove. Make sure that, when you are driving, you are only with people that you trust will not prevent you from driving safely.

How Our Experienced Car Accident Attorneys Can Help

Medical bills and car insurance can become devastatingly expensive after an accident. Without an experienced personal injury attorney, it can seem like far too much to handle on your own. Let us provide you with a sense of hope in this troubling situation.

The personal injury attorneys at Johnson, Vorhees & Martucci are dedicated to helping you receive the financial compensation you desperately need in times like these.

We have over 140 years of experience fighting for injury victims and we can use it to provide you with the justice you deserve.

Contact our firm at (833) 600-0125 for aggressive advocacy.



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