When most people think about car accidents, they focus on the drivers. However, a passenger can also play a part in causing the crash. It is not something many talk about, but it does happen. Unfortunately, the question of liability is not always black and white.
Passengers are usually only seen as injury victims in an accident, not the cause. However, there are certain cases where their actions or behavior might have contributed to the crash. Understanding when a passenger might be held responsible is important, especially if you are injured and trying to figure out who is at fault.
When the passenger is a part of the problem
Although it is rare, passengers can sometimes be partly to blame. This does not mean they will face criminal charges, but it could impact who pays for the damages or injuries.
Here are situations where a passenger might be found partly liable:
- Distracting the driver: Talking loudly, showing the driver a phone or arguing can take the driver’s focus off the road.
- Grabbing the wheel or gear shift: If a passenger physically interferes with the driver’s control of the car, they could be seen as a direct cause of the crash.
- Encouraging reckless behavior: Telling a driver to speed, race or take risks can lead to shared blame.
- Preventing safe driving: Blocking mirrors or covering the driver’s eyes as a joke can result in serious consequences.
In New York, liability is shared under the state’s “comparative fault” rule. This means everyone who contributed to the accident might be assigned a percentage of blame, including passengers.
Suppose you are injured and unsure whether a passenger contributed to the accident. In that case, speaking with an experienced legal team is a good idea, as situations like this can get complicated fast. Extensive legal knowledge can help uncover facts that might not be obvious at first.