About Motor Vehicle Passenger Accidents
A passenger in a motor vehicle accident can sue a negligent driver or another person who caused a collision with the motor vehicle he was in.
A passenger will generally be found to have no liability because he was not operating the vehicle. There are some exceptions to this rule—for example, where the passenger grabs the steering wheel thereby interfering with the drivers operation of the vehicle. Arguably, the passenger may have caused the accident or contributed to the cause of the accident.
The Contributory Negligence Act can operate to reduce the amount of damages claimed by the passenger according to the degree of his fault. The Contributory Negligence Act apportions degrees of fault to passengers who fail to wear seat belts. A driver of an automobile also owes a duty of care to his passengers to ensure they are seat belted before the vehicle is put into motion. Parents have a responsibility to ensure that their children are properly restrained in children’s car seats.