- October 5, 2023
Understanding the rights of passengers following a car accident can be complex. People who were injured in a collision where passengers were involved often wonder how the expenses of passengers will be covered and their ability to file a claim.When considering liability for a car accident, passengers are rarely pointed to as the at-fault party. However, a passenger can cause a car accident, and they could be held liable for the resulting damages. Suppose you get involved in an accident where liability is unclear. In that case, our car accident lawyers at Goodman Acker P.C. can review the facts and help you determine who is responsible for damages.
Contact us at 248-286-8100 to schedule a free case review.
Why Should You Hire the Car Accident Attorneys at Goodman Acker P.C.?
At Goodman Acker P.C., we have years of experience helping accident victims get compensation from the negligent party, irrespective of who is at fault, whether a driver or a passenger. Some cases are not straightforward, especially where the fault is disputed. Therefore, we will carefully study the case to determine if the driver or a passenger is to blame.
Our lawyers are ethical, trusted, and reliable and will use all our resources to represent your interests.
Once we identify the at-fault party, we will commence the claims process and use our experience and legal knowledge to help you obtain a favorable outcome. We have a 99% success rate and positive reviews from our clients. We will work tirelessly to protect your rights and keep you updated on the progress of your case.
Our lawyers work on a contingency fee basis, so call us at 248-286-8100 to schedule a free initial consultation.
Can a Passenger Be Liable for a Car Accident?
Yes. While drivers are responsible for their actions on the road, a passenger can cause safety issues that may result in a car accident. While this is a rare occurrence, the negligent acts of a passenger can be hazardous to themselves and others.
A passenger may be considered at fault for a car accident if they:
- Distracted the driver by being loud, attempted to show them something, etc.
- Provided the driver with drugs or alcohol before getting behind the wheel
- Damaged the vehicle
- Tried to take control of the vehicle.
Although the passenger is not the driver, they still have a duty of care not to endanger other people, within or outside the car.
A passenger breaches the duty of care if their actions deviate from normal and another ‘reasonable’ person would not have behaved as they did.
Once a passenger breaches the duty of care and causes an accident and injuries, they are deemed negligent. A negligent passenger, just like a driver, would be liable to compensate anyone injured by their action.
This includes the vehicle's driver and any other person affected by their action. So, it is not unusual to see passengers being held responsible for damages by the driver of the car they traveled and the occupants of any other vehicle involved.
Who Covers Car Accident Injuries in Michigan If a Passenger Is Responsible?
If any of the above-mentioned scenarios or another incident involving passenger fault causes a car accident, it’s possible that the at-fault passenger could be held liable for damages. However, the liability structure of Michigan car insurance law may allow at-fault passengers to avoid liability while still providing compensation for injury victims.
Michigan is a no-fault state. Therefore, passengers and all parties injured in a collision — even those at fault for a car accident — must file a claim with their car insurance company to recover compensation. Also, if the passenger is not at fault, the insurance policy of the person driving the car will cover their medical bills.
However, if Michigan’s no-fault insurance rules protect passengers from taking responsibility when they cause an accident, it also means they are subject to the exceptions. Under Michigan law, injured victims can file a lawsuit if they do not have enough coverage or suffer a severe injury. Therefore, you can file an action when a passenger causes an accident and your personal injury protection (PIP) cannot pay for your medical treatment or you sustained a severe injury.
The rule is the same if a third party causes an accident and not the passenger. If another party was at fault for a car accident, injury victims could file a claim against the liable party if they sustained a severe wound or their PIP cannot pay their entire medical bill.
Are Passengers Ever Liable for Car Accident Damages FAQs
Car accident victims often have questions after the experience, especially about their rights and compensation. Below, we answered some of the most common questions. For a more detailed explanation, visit our law office.
Can I Sue an At-Fault Passenger for My Accident Injuries?
Yes. If you sustained severe injuries or your PIP insurance is insufficient to pay for medical treatment, you can file a lawsuit for compensation.
What Compensation Can I Recover From an At-Fault Passenger?
You can recover economic and non-economic damages covering your medical bills, pain and suffering, lost wages, loss of consortium, etc.
How Long Do I Have to Take Action Against an At-Fault Passenger?
Since it is a personal injury case, you have three years to take action. The time starts counting from the accident date, and once the three years elapse, you cannot take legal action against the at-fault passenger.
Do I Need a Lawyer to Handle My Car Accident Case?
Generally, you do not need a lawyer to handle your case. However, there will be complexities if you’re going after an at-fault passenger, as with any car accident case. Our lawyers have experience and the legal skills to handle such cases, so working with us is better than handling the claim alone.
Were You Involved in a Car Accident? Contact Our Car Accident Attorneys Now!
The legal team of Goodman Acker P.C. is available to discuss the details of your case and answer any questions you may have about car accident litigation. Whether you were injured as a passenger or a driver, we will work to get you the care you need.
Remember, the clock is ticking, and you must take action before the statute of limitations runs out. So call us today at 248-286-8100 to book a free consultation with our attorneys.