When you think of vehicle accidents, you probably presume the driver or drivers are always responsible for causing the collision. This is often true but you can run into exceptions. Sometimes the vehicle’s passengers can cause an accident.
When this happens can you recover compensation from a negligent passenger? We’re looking at the key steps in a negligent passenger accident claim to make it a little easier if you decide to pursue compensation.
Establishing Passenger Negligence
Deciding to claim a passenger’s negligence is the cause of the accident, and your resulting damages can be tricky.
After all, there’s a good chance your accident claim is against a friend or family member. This can make things a little tricky, especially if you want to continue a relationship with the negligent party. If you’re a rideshare driver, pursuing compensation may be a little easier since your passenger is probably a stranger.
Okay, with that being said, if you’re moving forward with an injury claim you must prove your passenger’s behavior or actions are considered negligent.
The Key Elements of Negligence
Negligence is defined as failing to act in a way that doesn’t place others at risk. If a driver runs a red light, they’re not exercising reasonable care. Most reasonable individuals will stop at a red traffic light. To establish your passenger’s behavior is negligent, you must prove the following four elements:
- Duty of care: You must establish the passenger owes you a duty of care. This is often a little easier for passengers to prove in vehicle accidents than drivers. All motorists owe a duty of care to their passengers to ensure they arrive at their destination safely. However, passengers also owe drivers a duty of care. Passengers must behave in a way that doesn’t distract drivers or increase everyone’s risk of being involved in an accident.
- Breach of duty: When a passenger behaves in a way that distracts a driver it can be viewed as a breach of duty. This can include anything from grabbing the driver’s arm to cranking up the volume on the car stereo. A breach of duty can also be a failure to act, though this isn’t common in passenger negligence claims. Most of these types of accident claims focus on the passenger’s negligent actions.
- Causation: To meet this element of negligence, you must show that the passenger’s actions or inactions are the direct cause of the vehicle accident. For example, the accident probably wouldn’t have happened if the passenger hadn’t grabbed the steering wheel.
- Damages: This is usually the easiest element of negligence to prove. You must show that your damages are the direct result of the accident. Usually, your medical records, bills, receipts, and property damage estimates are enough to prove this key element.
What happens if you can’t prove negligence? Chances are you’re not going to be able to file an injury claim against the passenger.
Steps for Filing a Negligent Passenger Claim
If you decide to file a personal injury claim against a passenger in your vehicle, you’re going to need to follow a few steps. Don’t worry, these steps aren’t too complicated.
Report the Accident
You should plan on immediately reporting any car accident, even a minor fender bender if you’re considering filing a personal injury claim.
Pennsylvania law also requires immediate reporting for most vehicle collisions, especially if injuries or fatalities are involved. Failing to report the accident and remain at the scene can result in a hit-and-run charge. Not only can this be a criminal offense, but it can also impact your ability to file an accident claim.
Waiting for the authorities to arrive can be frustrating but it can also help protect your accident claim. You can answer the authorities’ questions, including any about your passenger’s behavior. This information typically ends up in your accident report, and you need a copy to file an insurance claim. You can usually pick up a copy of your accident report in about ten business days.
Gather Evidence
Don’t start interviewing your passenger about their actions leading up to the accident. Let your personal injury attorney, the authorities, and insurance adjusters do all of the questioning. However, you can gather some evidence to help support your negligent passenger claim at the accident scene. If your injuries are severe, don’t worry about gathering evidence. Your health should also be a priority.
If possible, try to take some pictures of your vehicle damage. The camera app on your smartphone will work great. You should also take some pictures of any visible injuries. Don’t worry about taking pictures of your passenger’s injuries. However, you do want to make sure you check on your passenger’s condition, even if they’re responsible for causing the accident.
Failing to see if your passenger is okay can be seen as a form of negligence. Your passenger may be able to file a negligence claim against you for failing to render reasonable aid.
Contact a Personal Injury Lawyer
Whether you’re filing a negligence claim against a friend, family member, or a complete stranger, it’s a good idea to discuss your accident case with an experienced Pennsylvania injury attorney. Your attorney understands the ins and outs of the legal process. Your lawyer also doesn’t have an existing relationship with your passenger.
Sometimes, the claim process goes a little more smoothly when an impartial attorney is handling the legal details.
Vehicle Passengers Also Have Rights
Simply because a passenger’s negligence contributed to the accident, it doesn’t always mean they can’t file a claim for partial damages.
Pennsylvania follows comparative negligence guidelines. This means even if your passenger is partially liable, they can often file an injury claim. However, their compensation is reduced by the percentage of their assigned fault.
If your passenger is seeking compensation for their damages, there’s a good chance they’ll retain legal representation. This can make it even more crucial for you to partner with an experienced personal injury attorney.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
