Most car accidents involve driver error, but passengers can also cause crashes through their actions. Understanding passenger liability in car accidents helps protect your rights and ensures proper compensation for damages.
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If you or someone you know has been involved in a passenger-related car crash, do not hesitate to seek legal counsel. Reach out to an attorney who can help you gain insight into the legal process and answer your questions about your specific incident.
At Pfeifer, Morgan & Stesiak, our South Bend car accident attorneys are here to help you navigate the legal process. We have helped our clients secure millions of dollars in compensation. Our firm offers a free consultation to help you determine if you have a valid case. There are no upfront costs for our legal services, and we get paid only if you do.
Call today to schedule a free consultation: (574) 444-0741.
What Makes a Passenger Liable for a Car Crash?
Passengers can be held liable for accidents when their actions directly contribute to a crash. They have a duty of care to behave reasonably and avoid endangering drivers and others on the road. When passengers breach this duty, they become legally responsible for any resulting injuries and damages.
Passengers may breach their duty of care by:
- Pulling the emergency brake
- Throwing objects at the driver
- Intentionally blocking the driver’s view
- Physically assaulting or fighting with the driver
- Encouraging reckless driving or excessive speeding
- Grabbing the steering wheel while the vehicle is in motion
How Can a Passenger’s Liability in a Car Accident Be Proven?
Proving passenger liability requires clear evidence showing their actions directly caused the crash. Key evidence includes:
- Police reports
- Dashboard camera footage
- Cell phone videos showing passenger behavior
- Medical reports linking injuries to passenger actions
- Witness statements from other passengers or nearby drivers
Insurance companies and courts examine this evidence to determine the extent of passenger involvement and helps establish the sequence of events leading to the crash.
It is vital that you provide thorough documentation related to the car accident as it can help strengthen your case so you can get the compensation you need to recover.
What Happens if a Passenger Is At-Fault in a Car Crash?
When passengers cause an accident, they could face a lawsuit that makes them financially responsible for property damage, medical bills and lost wages. If they physically assaulted a driver, they could also face criminal charges such as a battery or reckless endangerment.
Multiple parties may share fault in passenger-related crashes. The driver and passenger could be partially responsible if both of their actions contributed to the accident. Indiana’s comparative fault laws determine how liability is divided among responsible parties.
For example, if you are found to be 30 percent at fault for a car accident, you may be able to recuperate 70 percent of the compensation. If you were supposed to receive a $100,000 compensation, it may be reduced to $70,000.
How Is Compensation Covered in a Passenger-Related Accident?
In South Bend, if a passenger is at fault for a car crash, the victim may need to seek compensation from their own insurance company. However, this depends on the specific policy terms and accident circumstances.
The passenger’s auto insurance policy might provide secondary coverage, covering remaining costs after the vehicle owner’s insurance reaches its limits. If insurance coverage is insufficient, victims may seek compensation through the passenger’s homeowner’s or renter’s insurance. However, these policies typically do not cover car accidents. Additional compensation might be available through the passenger’s personal umbrella insurance policy if he or she has one.
When insurance coverage falls short, injured parties can pursue legal action to cover medical expenses, ongoing treatment costs, lost wages and other damages. Since securing compensation for passenger-related car accidents is complex, it is recommended to consult with a licensed attorney to guide you through the claims process.
Contact Pfeifer, Morgan & Stesiak for Legal Help
Our attorneys at Pfeifer, Morgan & Stesiak understand Indiana’s car accident laws and have helped victims recover millions in compensation. We thoroughly investigate accident causes, gather evidence, handle insurance claims and protect your rights throughout the legal process.
If you were injured in a passenger-caused crash in South Bend, contact us for a free consultation. Our team will evaluate your case and explain your legal options without any upfront cost. We only get paid if we win your case for you.
We are here to help. Call us today at (574) 444-0741.
