While most of us assume that the driver will bear fault for an accident, under unique circumstances, the passenger may be found liable. Most car accident cases are centered around the concept of negligence, which involves a party acting with less than reasonable care, thereby causing another harm. Although negligence can be more easily established when the driver is found to be at fault, there are times when the passenger’s negligence can cause a crash.
In this blog, our South Carolina car accident attorneys discuss situations in which liability may be found with the passenger and how an attorney can provide advocacy services.
Elements of Negligence
To be awarded damages in a car accident case, you must establish a passenger’s negligence or failure to act with the care of a reasonable person, which can be broken down as:
- Duty of care: All drivers and passengers have a duty to act reasonably when traveling in a motor vehicle.
- Breach of duty: The passenger (defendant) violates this duty by performing some act that interferes with the driver’s operation of the vehicle.
- Causation: There is a causal link between the breach of duty and the plaintiff’s injuries.
- Damages: As a result of the defendant’s actions, the plaintiff suffers measurable losses in the form of lost wages, medical expenses, and infliction of emotional distress.
Examples of Passenger Negligence in a South Carolina Car Accident
Passengers can be held responsible for a crash when they perform some act that contributes to the accident or interferes with the driver’s operation of the vehicle. While it is more unusual for a passenger to be found entirely at fault, there are situations in which a passenger may be held mostly responsible for a crash:
- Grabbing the wheel away from the driver
- Covering the driver’s eyes
- Pulling the emergency brake
- Taking the key out of the ignition
- Switching gears while the vehicle is in motion
More commonly, the passenger may be held partially responsible for the crash, including:
- Asking the driver to discipline children who are arguing with each other
- Yelling “Watch out!” or otherwise startling the driver when there are no foreseeable dangers
- Engaging in distracting conversations with the driver
- Kissing or engaging in intimate behavior with the driver
- Showing the driver cell phone pictures or text messages
Liability of Defendants in a South Carolina Car Accident
South Carolina law stipulates how liability will be assigned when fault cannot be easily discerned between two or more defendants (known as indivisible damages). Under SC Code §15-38-15, if more than one defendant is found at fault for an accident, then each defendant will only be responsible for his or her percentage of fault regarding indivisible damages. Damages will be determined by a judge or jury, which means that you need convincing evidence on your side to win the compensation rightfully due to you.
When you work with Fulton & Barr Attorneys at Law, our legal team will gather dash cam footage, video surveillance, photographs of the accident scene, and eyewitness testimony to prove a passenger’s part in a crash. We regularly consult with experts in their respective fields, such as accident reconstructionists, to recreate the scene of the accident. Their analysis is based on scientific principles, providing concrete data. Adequate compensation requires strong evidence, which is what our team sets out to accomplish in representing you.
South Carolina Car Accident Lawyers Providing Astute Advocacy
The specifics behind what occurred in a car accident can be difficult to discern, especially if a passenger is found at fault. At Fulton & Barr Attorneys at Law, our detail-oriented approach ensures that no stone remains unturned. Our South Carolina car accident attorneys will evaluate how your accident occurred, providing convincing evidence to show the accountability of another party for your injuries. To get started, contact us online or by phone at (864) 778-3092 to arrange your free consultation.