When you think about car accidents, the first thing that might come to mind is the driver’s responsibility. However, passengers can sometimes be responsible for contributing to accidents, too. This concept is called “passenger negligence.” Understanding how passenger negligence works in St. Louis, MO, is essential for everyone involved in a car accident.
In this article, Roach Law Car Accident Lawyers will explain passenger negligence, give some examples, and discuss how it can affect legal outcomes in personal injury cases. Contact us at (636) 519-0085 for more information and to schedule a free consultation with a St. Louis car accident attorney.
How Roach Law Car Accident Lawyers Can Help After an Accident
At Roach Law Car Accident Lawyers, we’ve dedicated years to helping accident victims in Missouri recover. With decades of combined experience, a plethora of industry awards, and millions of dollars in recoveries for our clients, we offer the support and expertise you need after an unfortunate incident.
Here’s how our firm can assist you:
- Conducting thorough investigations to gather critical evidence
- Negotiating with insurance companies on your behalf
- Ensuring all legal documents are correctly filed and deadlines are met
- Consulting with experts to build a robust case
- Representing you aggressively in court if necessary
We’re here to help you after an accident. Contact our office for a free case evaluation with a St. Louis personal injury attorney.
What is Passenger Negligence?
Passenger negligence occurs when a passenger in a vehicle acts in a way that contributes to an accident. This might sound unusual because most assume the driver is always at fault. However, passengers must behave responsibly and not distract or impede the driver.
For example, if a passenger aggressively turns the steering wheel or suddenly grabs the driver’s phone, their actions could have severe consequences. The passenger may be partially responsible if these actions lead to an accident.
How Can Passengers Be Negligent?
There are several ways a passenger can be considered negligent. Let’s look at a few common scenarios:
- Distracting the driver: If a passenger is loud, disruptive, or encourages the driver to take their eyes off the road, they could be held accountable for any resulting accident.
- Interfering with vehicle operations: Passengers who grab the wheel, shift gears, or tamper with the controls can cause the driver to lose control of the vehicle.
- Encouraging recklessness: Sometimes, passengers urge drivers to drive faster or disregard traffic rules. This encouragement can be considered negligence if an accident occurs.
- Failure to wear a seat belt: In Missouri, it is the law for front-seat passengers to wear a seatbelt. Not wearing a seatbelt increases the risk of injury, and a passenger’s injuries might be considered partly their own fault if they ignore this law.
Passengers can be considered negligent when they engage in behaviors that distract the driver, interfere with vehicle operations, or encourage reckless driving, ultimately increasing the risk of accidents.
Comparative Negligence
Missouri follows the legal concept of “pure comparative negligence.” This means that if more than one person is at fault for an accident, each person is assigned a percentage of fault. If a passenger is found to be 20% responsible for an accident and their total damages amount to $10,000, they would only be able to recover 80% of that amount or $8,000. This system ensures that everyone responsible shares the burden of the consequences. In cases involving lawsuits, determining the degree of each party’s fault can become very complex.
Passenger Liability
In some cases, passengers might face liability claims. This is less common but entirely possible if their behavior significantly contributes to an accident. For instance, if a passenger grabbed the steering wheel and caused a crash, the other car’s occupants (or their insurance companies) might sue the passenger for damages.
Impact on Insurance
Insurance claims get more complicated when passenger negligence is involved. Insurance companies may attempt to reduce claims by arguing that passengers contributed to the accident. Anyone involved in such incidents must seek legal advice promptly.
How Can Passengers Protect Themselves?
Passenger negligence might seem intimidating, but there are ways passengers can protect themselves while still enjoying their ride. Here are some valuable tips:
- Stay calm and composed: Passengers should stay calm and avoid creating distractions that could divert the driver’s attention from the road.
- Speak up about reckless driving: A responsible passenger should suggest slowing down and following traffic laws if a driver is reckless.
- Avoid interfering with driving: Keep hands off the steering wheel, gear shifter, or other controls unless necessary.
- Always wear a seat belt: Wearing a seatbelt is a simple step to protect yourself and contribute to safety.
By staying aware, acting responsibly, and prioritizing safety, passengers can significantly reduce the risk of contributing to accidents and protect themselves during their travels.
Seek Legal Support for Passenger Negligence in St. Louis
If you are involved in an accident in St. Louis and suspect passenger negligence may be a factor, it’s important to consult with an experienced lawyer to understand your legal rights and options. At Roach Law Car Accident Lawyers, our St. Louis car accident lawyers specialize in helping clients navigate the complexities of personal injury accidents, including assessing shared fault and proving negligence.
Whether you are a driver or a passenger, both parties share the responsibility for safe travel, and understanding how passenger actions may affect your case is essential to ensuring fair compensation. Don’t hesitate to contact us for a free consultation—we’re here to help you protect your rights and secure the compensation you deserve.