Can Passengers Be Held Responsible for a Car Accident?
In theory, passengers can be held liable for a car crash. To do so, you would have to find very strong evidence that they played a key role in contributing to the accident. A local car accident attorney can help you look for the proof you need.
Proof That a Passenger Caused a Car Crash
Car accident passengers’ liability for an accident depends on what actions they took immediately prior to the crash—and whether or not you can prove those actions contributed to your injuries.
Your fort lauderdale car accident lawyer can determine liability in your case through evidence like the following:
- Police records: After arriving at the scene, the police will interview everyone present. That includes the other vehicle’s driver and passengers, who may say something to indicate that the passenger did something wrong.
- Audiovisual footage: A traffic cam or security cam could show the passenger doing something to increase the risk of an accident.
- Personal testimony: Your miami car accident lawyer could sit down with you, the other driver, the passengers, and any witnesses to the accident. These statements could enable your attorney to piece together what happened.
What if Evidence Is Not Available?
If the passenger is not liable in your case, or if you cannot find sufficient evidence to prove their liability, you can still go ahead with your lawsuit. Your case could target other liable parties, such as:
- A driver who engaged in negligent behaviors, such as drunk driving, distracted driving, or ignoring traffic signs
- An auto part manufacturer whose faulty product caused the driver to lose control of the vehicle
- A local government department or agency that should have addressed any roadway hazards (e.g., a broken streetlight) that contributed to the crash
How Passengers Can Cause Car Accidents
In many cases, drivers cause car accidents through their own actions—for example, by engaging in one of the risky driving behaviors listed by the National Highway Traffic Safety Administration (NHTSA).
That said, there are some cases where a passenger significantly contributes to a crash, even if the circumstances under which this can happen are fairly limited. They include if the passenger:
- Grabbed hold of the steering wheel and changed the car’s direction without the driver’s foreknowledge or permission
- Was “playing around” with the driver by grabbing their arms or covering their eyes
- Carried drugs or alcohol for the driver and allowed or encouraged the driver to drink and drive
In these types of circumstances, the passenger may share responsibility with the driver.
What to Do if a Passenger Caused Your Car Crash
If you were injured in a traffic accident, you have the right to sue all of the at-fault parties for financial compensation for your:
- Physical pain and suffering
- Emotional trauma
- Physical or intellectual disability
- Impaired quality of life
- Loss of consortium
- Medical expenses
- Medical-related travel expenses
- Property damage
- Lost income
- Reduced earning capacity
As soon as possible after the crash and receiving medical attention, you should consult an attorney. They can:
- Inform you of your rights
- Determine how much money your case might be worth
- Collect evidence against all liable parties
- Speak to the liable party or parties in person or via email, fax, or phone
- Meet with the liable party’s insurer and work hard to negotiate a fair settlement for you
- Take the liable party to trial, if negotiating is not working or is not a viable option
- Help you make important legal decisions as they come up throughout your case
When to Sue a Passenger for a Car Accident
It is always best to start considering your legal options as soon as possible after a crash. This is because:
- You may have multiple legal options and will need time to consider them all.
- You have suffered a serious injury, and making important decisions is often more difficult when you are coping with physical and emotional stress.
- Your family could use the money from a lawsuit sooner rather than later.
- You have a very limited amount of time, as dictated by your state’s statute of limitations, to take legal action after a car crash.
The statute of limitations varies depending on where you live. In Florida, for instance, you can generally only hold a passenger—or anyone else—accountable for a crash if you file a case within two years of the incident. This is the law according to Florida Statutes § 95.11.
By contacting a florida car accident lawyer promptly after your accident, you give them (and yourself) more time to plan an effective legal strategy.
Holding Passengers Liable for a Car Crash
You deserve compensation from whoever caused your boynton beach car accident attorney . Even passengers can be held liable for a car crash, so the Law Offices of Wolf & Pravato can investigate potentially responsible passengers as we look into your case. Call (954) 633-8270 to get a free review from a member of our team today.
