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Is It Possible For A Passenger To Be Held Liable For A Motor Vehicle Accident?

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Often, people assume that the driver of the vehicle that caused a crash is liable for the accident. The truth is, sometimes, passengers can also be held liable for motor vehicle accidents. Although passenger negligence is never an issue in most accidents, a passenger may be held liable in some unique circumstances. Generally, a special set of circumstances must be present for a passenger to be held liable for an accident.

Who Is a Passenger?

A passenger is an individual who travels in a vehicle while someone else drives the vehicle and has little to no responsibility for operating the vehicle.

Why a Passenger Cannot Generally Be Held Liable

Often, injured passengers are innocent victims of vehicle collisions and cannot be held liable because they have little to no control over drivers’ actions. Passengers are usually “along for the ride.”

When a Passenger Can Be Held Liable

While passengers are often not held liable for vehicle accidents, passengers can be held liable in some unique circumstances. For instance, if a passenger grabs the steering wheel, they could be held liable if an accident occurs because of their actions. Also, if a passenger attacks or interferes with a driver, the passenger could be considered negligent and held liable if their action causes a collision.

Can Passenger Negligence Prevent Recovery for Damages?

Even though passengers are rarely held responsible for vehicle collisions, some situations can prevent passengers from obtaining compensation. An example of when a passenger may not be able to obtain compensation after being in an auto accident is if they knowingly got into a vehicle with a driver who was under the influence of drugs or alcohol. Even when such a passenger is able to obtain compensation, due to Florida’s pure comparative negligence rule, the chances are, their monetary award will be reduced because of their percentage of fault for getting into the vehicle with a drunk driver. By getting into a vehicle with a drunk driver, a passenger gives the driver “nonverbal consent” that they are all right with the driver driving in their drunk condition.

Other situations that may affect a passenger’s ability to recover compensation or the amount of compensation a passenger recovers after an accident include:

  • A passenger getting into a vehicle with an evidently fatigued driver
  • A passenger failing to warn a driver about a hazard they see before the driver
  • A passenger riding with a reckless driver
  • A passenger riding in a vehicle with a driver who is driving over the speed limit

Contact Us for Legal Help

Cases involving passenger negligence can be complicated. So, if you believe your accident was caused by passenger negligence, you need to speak to an experienced attorney. Also, if you believe that, as a passenger, you are not at fault for the accident you were involved in or your percentage of fault should be reduced, reach out to a skilled attorney. Our West Palm Beach personal injury attorneys at The Pendas Law Firm can assess your case and offer you professional legal advice and help. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Miami, Fort Lauderdale, Fort Myers, Ocala, Orlando, Bradenton, Jacksonville, Tampa, and Daytona Beach areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod