Can a Passenger Be Held Responsible for a Car Accident?
Since the driver is the person physically in charge of controlling a motor vehicle, it is easy to assume the driver is the only party that can bear responsibility for a crash. A passenger could also bear fault, however, if the passenger caused or contributed to the car accident. If you’ve been in a car accident in Merrimack Valley and believe one of your passengers is to blame, find out how to handle the claims process.
Passengers Are Generally Not Liable for Car Accidents
As a general rule, passengers will not be legally responsible for automobile accidents. Since the passenger is not the person in control of the car, the passenger will bear no accountability for an auto accident. Instead, the blame will go to the driver of the vehicle or of the other vehicle, in most cases.
An injured passenger in a car accident can bring a claim to damages against the insurance company of either driver, usually without having to prove fault. The passenger may also be eligible for coverage through his or her own car insurance company. There are, however, some exceptions to the rule.
If, for example, the passenger knowingly got into the car with an incapacitated driver, the passenger may have assumed the risks of a car accident and may be unable to obtain financial compensation. There are also exceptions to the rule if the passenger caused or contributed to the car accident.
When Can a Passenger Be Liable for Injuries?
It is possible to hold a passenger accountable for a car accident in Massachusetts if the passenger did something to increase the risk of a crash. In the following scenarios, for example, a passenger could bear financial responsibility for a related vehicle collision:
- The passenger encouraged reckless driving. If the passenger goaded the driver into speeding, racing, tailgating or another form of high-risk behavior that led to reckless driving, that passenger could share fault for a related car accident.
- The passenger distracted the driver. If a passenger knowingly takes a driver’s attention away from the driving task, such as by putting a map in front of the driver’s face or demanding that the driver look at him/her, the passenger could be liable for an accident.
- The passenger took control of the car. If the passenger physically took control of the car while someone else was driving, such as jerking the steering wheel or putting a leg over to hit the gas, the passenger will bear responsibility for a related accident.
It will take an in-depth investigation into your car accident to identify and prove a passenger’s fault. If you believe a passenger is to blame for your car accident, stand up for your rights by calling the police at the scene of the crash and explaining your side of the story. Then, consult with an attorney before accepting a settlement from an insurance company.
How Car Insurance Companies Handle Accidents Caused By Passengers
Massachusetts is a no-fault car insurance state. This means you will only need to determine fault for your collision if you have serious injuries, such as broken bones or a permanent disability. Otherwise, you will file an insurance claim with your own car insurance company, even if the passenger in your vehicle was at fault for the wreck. Your personal injury protection insurance will pay for your medical bills, regardless of fault.
If your car accident injuries meet Massachusetts’ serious injury threshold, however, you may need to determine liability for your crash to file an insurance claim against the correct party. In this scenario, if you believe the passenger in your vehicle caused your crash, collect evidence. Evidence may include eyewitness testimony, crash reconstruction, photographs and medical records. Then, contact a car accident attorney in Merrimack Valley for assistance proving your case against a vehicle passenger.