A vehicle accident can cause severe injuries to passengers. A passenger may even file an injury claim against the person responsible for causing the car crash. The at-fault party may be liable for their injuries, financial losses, and other damages.
Typically, a passenger in a car is not liable for a crash. Passengers usually do not have control over the factors that contribute to a car wreck. However, passenger negligence could result in a passenger being responsible for damages caused by a car accident.
The Fort Lauderdale passenger negligence lawyers of Hollander Law Firm Accident Injury Lawyers carefully review the factors that led to the crash to determine who is liable for your injuries. If a passenger was negligent, we could pursue a claim against them for damages.
Our Fort Lauderdale personal injury attorneys have been fighting for the rights of accident victims for over 28 years. Let us fight for you. Contact our law office at 954-287-0566 to schedule a free consultation to discuss your accident case.
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How Our Fort Lauderdale Car Accident Lawyers Can Help You After a Car Crash
When you are injured in a car accident, you may be unsure how to file a claim seeking damages. The insurance company may pressure you to accept a settlement agreement. Before you do anything that could hurt your chance of receiving fair compensation for damages, talk with our law firm.
When you retain Hollander Law Firm Accident Injury Lawyers to handle personal injury claims, you can expect us to:
- Devote the time, resources, and energy to your case that it deserves
- Conduct a thorough investigation to identify each party who contributed to the cause of the accident
- File insurance claims and monitor deadlines to file a lawsuit
- Gather evidence and document your damages
- Calculate the correct value of your damages and fight to get you that amount
- Provide support and guidance throughout your personal injury case
Our car accident lawyers in Fort Lauderdale, FL, are committed to protecting the rights of accident victims to fair and just compensation for damages. Contact our office to schedule a free case review to discuss your motor vehicle accident claim.
How Could a Passenger Be Liable for the Cause of a Car Accident in South Florida?
Usually, the driver is responsible for the factors that led to a car crash. However, a passenger could be liable for damages if the passenger’s actions contributed to the cause of the accident.
Examples of passenger negligence include, but are not limited to:
- Covering the driver’s eyes or obstructing the driver’s view
- Hitting the driver
- Distracting the driver by yelling or making loud noises
- Throwing objects at the driver or in the vehicle
- Trying to press the gas
- Grabbing the steering wheel
- Encouraging a person to drive under the influence of drugs or alcohol
- Encouraging the driver to speed over the limits
Passengers guilty of negligence could be named as defendants in personal injury lawsuits. However, before a passenger can be held liable for a crash, you must prove that the passenger was negligent.
Proving Passenger Negligence in a Fort Lauderdale Car Accident
The same legal requirements for traditional negligence apply to passenger negligence. To hold passengers liable for damages, you would need to prove:
- The passenger owed you a duty of care
- The passenger breached the duty of care
- The breach of duty was the direct and proximate cause of your injury
- You sustained damages
A passenger has the same duty of care to avoid causing an accident as other people using the road. If a passenger fails to act with reasonable care, the passenger could be considered negligent. The standard of care is measured by what a reasonable person of ordinary prudence would have done in a similar situation.
For example, a reasonable person would not put their hands over a driver’s eyes because they would know that obstructing the driver’s view could result in a collision. Likewise, a reasonable person would not grab the steering wheel when the vehicle was moving because that action could cause the driver to lose control of the vehicle.
Recovering Damages for Passenger Negligence
If you prove that a passenger’s conduct contributed to the cause of the car accident, you could receive compensation for damages, including:
- Medical bills
- Pain and suffering
- Lost wages
- Disabilities and impairments
- Diminished earning capacity
- Personal and nursing care
- Loss of enjoyment of life
The amount you receive depends on several factors. Our legal team diligently documents your damages to ensure that you receive the most money available for your injury claim.
Passenger Negligence When the Passenger is Injured
Passenger negligence can also be a factor in personal injury cases filed by the passenger. Florida’s modified comparative fault laws state that a person’s damages may be reduced by the percentage of fault the person has for causing their injury if they’re 50% or less at fault. However, once a person’s share of fault exceeds 50%, they’re barred from financial recovery.
Therefore, if a passenger’s negligence contributed to the cause of the car crash, the passenger may not receive full compensation for damages. For example, if the passenger was 40 percent at fault for causing the car accident, the most the passenger could receive is 60 percent of the claim value. If they were 51% (or more) at fault, they’d be entitled to nothing.
Schedule a Free Consultation With Our Fort Lauderdale Auto Accident Lawyers
You should hold a passenger responsible if their negligence contributed to your crash. Let us help you hold them liable for their carelessness. Call now to schedule your free appointment with a Fort Lauderdale car accident attorney.
Other Car Accident Cases We Cover
- Back-over crashes
- Highway accidents
- Pothole accidents
- Rear-end crashes
- Reckless driving
- Road defect accidents
- U-turn accidents
- Single-vehicle accidents