When we think about car accidents, most people assume the driver of a vehicle is the one responsible. While drivers are often at fault, there are circumstances where a passenger’s behavior can play a significant role in causing a crash.
A commonly missed situation occurs when a passenger diverts the driver’s attention — perhaps by initiating a loud argument, seizing the steering wheel, or engaging in any behavior that disrupts the safe operation of the vehicle.
In Virginia, any person whose negligence contributes to an accident may be held accountable. In other words, this means passengers are not always free from liability.
How Passenger Behavior Can Contribute to an Accident
Passengers can cause or contribute to accidents in several ways:
-
- Verbal Distractions: Loud arguments, yelling, or otherwise pulling the driver’s attention away from the road.
- Physical Interference: Grabbing the steering wheel, pushing the driver, blocking the driver’s view, or tampering with the vehicle’s controls.
If any of these actions lead to a crash, the passenger could be found responsible for resulting injuries and damages.
Who Can File a Claim Against a Passenger?
-
- Drivers: If the driver is injured due to a passenger’s actions, the driver may pursue a claim against the passenger.
- Other Passengers: Injured passengers may pursue a claim against the disruptive passenger if the passenger’s actions caused or contributed to the crash.
- Other Motorists or Pedestrians: If an outside party is harmed in the accident, he or she may have a claim against the disruptive passenger, not just the driver.
Insurance and Other Considerations if You Are Injured Due to the Negligence of Another Driver and/or Passenger
Because every insurance policy is different and every policy is governed by the law of the state in which it was written, injured parties should consult an attorney to determine possible sources of recovery.
What Should You Do If a Passenger Contributed to Your Accident?
-
- Document the Incident: Gather witness information, take photographs, call the police, and obtain a copy of any police reports.
- Seek Medical Care: Always prioritize your health, even if injuries are not immediately apparent.
- Consult a Virginia Personal Injury Attorney: These cases are complex. A personal injury lawyer can examine who is at fault, analyze insurance coverage issues, and seek compensation for your injuries.
By working with an accident injury attorney in Virginia Beach, you gain access to skilled legal guidance and strong representation.
From negotiating with insurers to advocating for you in court, our experienced injury attorneys ensure you have the best chance of receiving fair compensation for your injuries.
We understand the nuances of Virginia personal injury law. We provide valuable insight into how to approach your case effectively, whether through negotiation with insurance companies or in court.
The injury law attorneys at Preston, Wilson & Crandley, PLC advocate on your behalf, ensuring that you are treated fairly and that your case is presented effectively.
Contact Preston, Wilson & Crandley, PLC at (757) 486-2700.
Follow us on Facebook.