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Passenger Negligence

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Passenger Negligence

Passenger NegligenceAfter a car crash, a passenger may be entitled to compensation for damages caused by injuries sustained in the collision. However, if the passenger is responsible for the crash, the passenger could be held liable for damages sustained by other individuals.

If you were a passenger in a car involved in a motor vehicle accident, it is crucial that you understand your legal rights regarding personal injury claims. The New York car accident lawyers of the Law Offices of Jay S. Knispel Personal Injury Lawyers can help. We have over 25 years of experience handling car accident claims in New York, New York.

Contact our law office to request a free consultation with one of our New York personal injury attorneys, call us at (212) 564 2800.

How Our New York Car Accident Lawyers Can Help After a Crash

How Our New York Car Accident Lawyers Can Help After a CrashPassengers can serve as a distraction to drivers. In some cases, passengers can cause the driver to wreck. A driver can seek compensation from a passenger who contributes to an accident.

However, these claims are complex. It can be difficult to know who to sue and whether insurance covers your losses if a passenger causes your accident. That’s why you need a New York City personal injury lawyer on your side.

When you hire the Law Offices of Jay S. Knispel Personal Injury Lawyers to handle your case, you can expect us to:

  • Investigate the cause of the car accident to determine who caused the collision
  • Gather evidence from all available sources to build a case for liability against other parties
  • File a claim with the insurance company and handle all matters related to the claim
  • Monitor the statute of limitations for filing personal injury lawsuit
  • Document your damages to calculate the value of your claim
  • Fight to get you the maximum compensation available for your injury claim

The sooner you seek legal advice regarding a passenger negligence claim, the better for your case. Call our law firm today to schedule your free consultation with one of our personal injury attorneys in New York, NY.

Who is Responsible for a Passenger’s Injuries After a Car Accident?

The law generally does not hold the passengers responsible for conduct that is not within a passenger’s control. That’s why passengers who suffer injuries in a car crash can recover compensation for their losses after the accident. 

On the other hand, the law does hold passengers responsible when their negligence contributes to a car accident. A driver can recover compensation from a passenger who caused them to crash.

Damages may include:

  • Medical bills and expenses
  • Mental, physical, and emotional pain and suffering
  • Personal care and nursing care
  • Lost wages and reductions in future earning potential
  • Disabilities and permanent impairments 
  • Reduced quality of life and loss of enjoyment of life

A passenger may demonstrate negligence by hitting a driver, grabbing the steering wheel, or screaming, to name a few.

How Can a Passenger Be Responsible for a Car Accident?

Drivers have a duty of care to operate their vehicles safely and follow traffic laws. A passenger also has a duty of care not to endanger the driver or other people on the road. A passenger who acts negligently could be held financially liable for damages.

Conduct that could result in passenger negligence includes:

  • Covering the driver’s eyes or blocking the driver’s view
  • Striking the driver
  • Trying to press the brake or gas pedal
  • Distracting the driver
  • Throwing things at the driver 
  • Grabbing the steering wheel
  • Encouraging the driver to take risks, don’t follow speeding limits, or drive under the influence 

A passenger could be totally or partially at fault for the cause of a car crash based on these or other actions.

Contributory Negligence and Passengers in a Car Accident in New York

Sharing fault for an accident does not bar a passenger from receiving compensation under New York’s contributory negligence laws.

A jury determines whether a passenger contributed to the cause of a car crash. If so, the jurors decide the percentage of fault to assign to the passenger. The passenger’s compensation is reduced by their percentage of fault for the crash.

For example, suppose the jury decides that your percentage of fault is 45 percent and your damages total $250,000. Therefore, the most you could receive for your damages would be $137,500 ($250,000 less 45 percent). 

Because you were 45 percent at fault for the cause of the crash, you are responsible for up to 45 percent of damages sustained by the other victims. 

It is essential to seek legal advice if you are blamed for causing a car accident. You could be held liable for damages, and the amount you receive for damages could be significantly reduced. An attorney can help you fight allegations of passenger negligence and comparative fault.

Schedule a Free Consultation With Our Auto Accident Lawyers in NYC

If you were injured in a car accident, contact our law office to schedule a free case evaluation with a New York car accident lawyer. Our legal team is here to help you by providing trusted legal advice, guidance, and support throughout the injury claims process.

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New York City Office 

450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800

Law Offices of Jay S. Knispel Personal Injury-New York City Office


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26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office


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