Can a Passenger Be Held Partially Liable for a Crash?
Pennsylvania is a fault-based motor vehicle accident state. Any negligent party can be held liable for a crash if their recklessness or carelessness was a contributing factor. There are some cases in which the passenger of a vehicle may be partially liable for a collision. In this article, our Chambersburg motor vehicle accident attorney explains the key things to know about when a passenger can be held partially liable for a collision in Pennsylvania.
Fault Matters in Car Accidents in Pennsylvania
As a starting point, it is important to understand that fault matters in motor vehicle crashes in the Commonwealth. In most cases, it is the drivers who are the “at fault” party for a crash. However, other parties, including passengers, may bear some responsibility for a collision as well.
Pennsylvania uses a modified comparative negligence standard (42 Pa. Cons. Stat. § 7102). Each person/entity can be held legally responsible for a “share” of the blame for a collision. If the passenger’s actions caused an accident, they can be held responsible for damages just the same as a driver. There is no automatic legal immunity for a negligent passenger.
How a Passenger Could Contribute to a Collision in Chambersburg, PA
Of course, passengers are not the ones who are driving the vehicle. Still, their behavior may interfere with the driver’s ability to safely control it. That matters, and that could lead to them facing fault for a crash. Here are some of the most common examples of circumstances in which a passenger may negligently contribute to a crash in Pennsylvania:
- Actual Physical Interference: A passenger who grabs the steering wheel, applies pressure to the pedals, or otherwise interferes with vehicle controls may directly cause a crash. It is the most obvious, egregious, and direct form of passenger fault.
- Distracting Conduct: Loud, aggressive, or reckless behavior that diverts the driver’s attention from the road can be a substantial contributing factor in an accident. If a passenger distracts a driver in a negligent way, they may bear partial fault for a wreck.
- Encouraging Dangerous Driving: If a passenger pressures or encourages the driver to speed, ignore traffic signals, or engage in reckless maneuvers, liability may attach.
- Providing Alcohol or Drugs: Supplying alcohol or drugs to a driver who then causes a crash may expose the passenger to partial responsibility, particularly if they knew the driver was impaired.
Why Passenger Liability Matters
In a multi-party crash, victims need to be ready to identify all liable parties. In some cases, insurance companies may attempt to spread fault to passengers to limit payouts. For passengers accused of contributing to a crash, the consequences can be serious, including exposure to civil liability for injuries suffered by other drivers, occupants, or pedestrians. No matter the situation that you find yourself in, a top-rated Pennsylvania car accident lawyer can help.
Schedule a Free Consultation With Our Chambersburg Auto Accident Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg auto accident lawyers are standing by, ready to protect your rights. If you have any questions about passenger liability for a crash, please do not hesitate to contact us today for a free case review. With an office in Chambersburg, we handle passenger liability accident cases in Franklin County and throughout South Central Pennsylvania.