Can a Passenger Hold Blame for Causing an Accident?
When we think about car accidents, we typically think about driver negligence rather than about negligence on the part of passengers. There are, however, unique circumstances in which a passenger can share fault for causing a traffic accident, and in even rare situations, a passenger can be held fully responsible. If you have questions or concerns about fault and a car accident that left you injured, seek the legal guidance of an experienced Charleston car accident attorney.
The Driver’s Duty of Care
When a motorist gets behind the wheel of their vehicle, they accept a tremendous responsibility to everyone on the road, including the passengers in their car. Any failure to live up to this responsibility, such as driver negligence like the following, can be interpreted as fault in a car accident:
- Distraction
- Exhaustion
- Excess speed
- Aggression
- Failure to abide by the traffic laws
- Failure to adjust driving to accommodate for the road’s condition
- Impairment
If the driver’s negligence is the direct cause of an accident that leaves someone else injured, they can be held responsible. If, however, a passenger interferes with the driver’s ability to operate their car safely, some of the fault can transfer to them.
The Passenger’s Interference
The most direct and common way for a passenger to be found partially responsible for an ensuing car accident is when they distract the driver from focusing on driving safely or when they directly interfere with the driver’s ability to engage in safe driving practices. Examples include:
- A passenger in the backseat who reaches around and covers the driver’s eyes with their hands
- A passenger who attempts to engage the driver in physical or romantic activity
- A passenger suddenly points and yells, Watch out! And, in the process, startles the driver about a danger that isn’t actually there
- A passenger who attempts to feed the driver
- A passenger who attempts to avert the driver’s attention to something on their phone
Motorists are responsible for avoiding distractions and for doing whatever’s necessary to proceed safely. Whether or not the passenger is found to share fault will depend upon the degree of interference or distraction the passenger caused and the driver’s ability – or inability – to avoid its dangerous effects. If the driver participates in the passenger’s shenanigans, for example, the passenger is less likely to share fault, but if the driver can’t avoid the risk created by the passenger, the passenger may shoulder more considerable liability.
When the Passenger Takes Over as the Driver
In extreme situations, the passenger may be identified as having taken over as the driver, and in these instances, they can be held fully responsible for any resulting accidents. Examples include:
- Reaching over and grabbing the steering wheel
- Pulling up on the emergency brake
- Taking the key out of the ignition
- Physically pushing the driver’s leg to increase speed
- Shifting the car into Park or Neutral
An Experienced Charleston Car Accident Attorney Is Standing By to Help
The focused Charleston car accident attorneys at Parham Smith & Archenhold LLC are committed to obtaining the compensation to which our clients are entitled, and we have reserves of impressive experience successfully handling complex cases that lie outside the normal parameters. For more information, don’t wait to contact us online or call 864-400-2545 today.