Passenger NegligenceClick For Your Free Consulation
After 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.
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Passengers 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:
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.
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:
A passenger may demonstrate negligence by hitting a driver, grabbing the steering wheel, or screaming, to name a few.
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:
A passenger could be totally or partially at fault for the cause of a car crash based on these or other actions.
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.
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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