Can Passengers Be Found At Fault For A Car Accident?
Know your rights if you were hurt in a crash caused by a passenger
Car accidents usually bring to mind images of drivers battling it out over who’s to blame. But what about the passengers? While many assume passengers are just along for the ride, that’s not always the case. In some situations, passengers can bear some responsibility for a crash.
While passengers might not be in control of the vehicle, their actions can potentially steer the outcome of a drive in the wrong direction. If you were hurt in a crash due to the actions of a passenger, an experienced New Orleans car accident lawyer at The Law Offices of John S. Williams, LLC can help you pursue a successful claim and fast-track your recovery.
How do passengers cause car accidents?
Here are some ways passengers can contribute to car accidents:
Distracting the driver
It only takes a split second of distraction for a driver to lose focus. Passengers might unintentionally cause this by talking loudly, arguing, or even showing drivers something.
Imagine a passenger suddenly waving a cellphone in front of the driver’s face—what could possibly go wrong?
Grabbing the steering wheel
It sounds dramatic, but some passengers panic in certain situations and grab the wheel, thinking they’re helping. Unfortunately, this knee-jerk reaction can lead to a sudden swerve or collision. In this case, a helping hand becomes a hazard.
Encouraging risky behavior
Passengers who urge drivers to speed, take shortcuts, or run a red light are asking for trouble. A little peer pressure can go a long way, and not always in the right direction. When a passenger eggs on a driver to “floor it” at a yellow light, they might be flooring the gas pedal to a crash.
Allowing impaired driving
Sometimes, passengers contribute to a car accident by being passive. If a passenger knows the driver is under the influence but chooses to ride along anyway, they share some responsibility for what might happen. Getting into a car with a drunk driver isn’t just risky; it’s practically inviting disaster.
How does passenger fault affect car accident claims?
If a passenger is found to be partially at fault for the accident, it can impact their ability to recover damages, the legal term for financial compensation. In Louisiana, the state’s comparative negligence law means that if a passenger is 20% at fault, their compensation could be reduced by 20%.
This shared responsibility also plays a role when multiple parties are involved. For example, if both the driver and a passenger are found to be at fault, the injured party’s compensation might be adjusted based on the percentage of fault assigned to each person.
How can passengers protect themselves from liability?
Passengers can take steps to avoid being held responsible for a car accident. The first rule is simple: don’t distract the driver. Whether it’s reaching for the steering wheel, offering unsolicited driving advice, or causing a scene in the car, passengers should be mindful of their actions and how they could cause a collision.
Passengers should also avoid encouraging risky behavior, such as speeding or driving under the influence. If you suspect the driver is impaired, it’s best to find another way home. Protecting yourself also means being aware of your surroundings and speaking up if you feel unsafe, but doing so in a way that doesn’t endanger everyone on the road.
What should I do if a passenger caused my car accident?
First, make sure everyone’s safe by checking for injuries and calling for emergency medical attention if necessary. You should also call the police to report the crash and wait until an officer arrives to investigate the accident.
While waiting, exchange insurance and contact information with all parties involved. You can also document the car accident by taking photos, noting important details, and gathering witness information.
If you’re the driver of a car with a passenger who is a friend or family member, the situation might be tricky. You’ll need to balance maintaining your relationship with protecting your legal and financial interests.
To build a solid claim, you should seek medical attention as soon as possible, even if your injuries seem minor. A doctor can perform a medical evaluation to determine the type of injury you have and the appropriate treatment. Plus, an official medical diagnosis can provide a direct link between your injury and the accident.
While it might be uncomfortable, you should report the car accident to your insurance company and be truthful about how it occurred. Failing to do so could lead to complications later on.
You should also keep track of all medical documentation, proof of lost wages, property damage, communications with your insurance company, and a journal outlining your pain and suffering. This will help your attorney accurately estimate the value of your claim and then fight for fair compensation.
When should you consult a car accident lawyer in New Orleans?
If you’ve been involved in a car accident caused by a passenger, you could be dealing with a highly complicated case. Insurance companies are often quick to shift the blame and use other tactics to reduce or deny your compensation.
An insurance adjuster will likely reach out to you looking for a recorded statement. It’s best not to say anything until you’ve consulted with a car accident lawyer. Anything you say to insurance companies could be used against you.
A New Orleans car accident lawyer at The Law Offices of John S. Williams can handle all communications and negotiations with insurance companies, so your rights are protected. Attorney John S. Williams has over 15 years of experience handling car accident claims like yours and has the case results to prove it, including:
- $500,000 Settlement: A child received $500,000 after their father tragically died due to a commercial vehicle failing to properly secure a trailer hitch.
- $195,000 Settlement: A client was awarded $195,000 after being forced off the road by a tow truck, resulting in serious injuries.
- $115,000 Settlement: A minor received $115,000 after being struck by a car at a bus stop shortly after getting off a school bus.
Our law firm can fight to hold negligent parties (even passengers) accountable and take on the insurance companies. Our goal is to maximize your compensation and provide peace of mind while you recover. To find out how we can help you, contact us online or call our New Orleans law office for a free consultation.
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