In the personal injury lawsuit niche, you might sometimes hear the term “negligence.” That usually means there was a standard of conduct that a person should follow in a conventional situation, but they didn’t do it. If a jury agrees that someone demonstrated negligence, that person will likely lose a lawsuit if someone they harmed sues them.
That comes into play a lot with car wreck lawsuits. If a driver demonstrates negligence, such as if they consume alcohol before driving or exceed the speed limit, they can definitely lose a personal injury case at trial.
Driving errors cause about 94% of car wrecks, or so the NHTSA reports. A driver error with negligence as its cause can result in a huge cash settlement or an even larger judgment against the defendant if the case goes all the way to a jury’s verdict.
However, while drivers typically cause car accidents, you might sometimes encounter a situation where the fault lies with a passenger. That’s a little more unusual, but it does happen. As a passenger, how can you know whether you’re liable in a car wreck? We will take some time to talk about that right now.
Consult with a Lawyer
Let’s say you were the passenger in a car, and that vehicle hit another car, a pedestrian, a cyclist, or even an inanimate object. When the police arrive, they will get statements from everyone involved. They will put those statements in their report. That report can become evidence later in a lawsuit if someone involved in the wreck sues afterward.
Maybe you did something that caused the accident, or at least that’s what the other driver or someone else involved in the crash asserts. That might mean you’re liable for the damages. It can also mean that you demonstrated negligence, but that depends on exactly what you did.
If you’re going to be named as the defendant in a lawsuit, you should first contact a lawyer. You will want an attorney who does personal injury defense.
You can probably find someone without much trouble, as these cases happen frequently. Locating an attorney who represents either the plaintiff or defendant in such lawsuits shouldn’t present any difficulty.
You should tell the lawyer what happened. Omit nothing, and don’t change any of the details since those will probably come out at trial anyway.
They will probably tell you whether, in their professional opinion, you can be held legally liable for causing the accident and any related injuries or deaths.
If necessary, you can then hire them to defend you. If the person you harmed or the family of an individual who died in the wreck sues you, then you could have lots of money or even your freedom on the line.
Actions a Car’s Passenger Might Take That Can Cause an Accident
If someone you hurt in a car accident or the family of an individual who died sues you, that probably means they feel you took some action that caused the wreck. Maybe you admitted on the scene that you took that action.
Perhaps a traffic camera shows that you did it. You might also have a situation where the driver of the car you were in or another passenger in that vehicle stated that your actions caused the wreck.
If so, then perhaps you and the driver argued. Maybe your raised voice distracted the driver, and they hit the other vehicle because of it. Perhaps you struck the driver in the heat of the moment, or maybe you even tried to grab the wheel. The car’s trajectory changed because of your actions.
You might have a situation where you covered the driver’s eyes with your hands. If you were in the backseat, maybe you kicked the back of the driver’s seat or threw something at them, causing them to leave their lane and head into oncoming traffic.
In these instances, you can easily see how a reasonable person would feel you caused the wreck and any injuries or deaths that happened as a result. They might also claim that you demonstrated negligence. They may even feel you demonstrated depraved indifference, which the court views even more seriously.
The Injured Party Must Prove Your Culpability
Keep in mind that in these cases, the injured party must probably prove your guilt if they hope to win at trial. They might find this challenging. Probably, they can’t know exactly what happened in the other car. They weren’t there, but they were on the receiving end when it swerved and hit them.
Even if the plaintiff can’t come up with any pictures, video, or other evidence that shows what happened in the car you occupied, they still have your statement and that of the driver. They might also have additional statements they can use if other individuals occupied the backseat when the incident occurred.
The Plaintiff Might Subpoena the Car’s Driver or Other Passengers
If the plaintiff’s lawyer can’t come up with video, pictures, or anything else along those lines that proves your negligent or reckless behavior, they can at the very least subpoena you, the car’s driver, anyone else in the car, or even bystanders who saw what happened. When that occurs, anyone who takes the stand must swear they will tell the truth, the whole truth, and nothing but the truth.
If you did something that caused the wreck, such as any of the actions we mentioned earlier, it will probably come out in open court. If you lie on the stand, that’s perjury, and that’s a crime. Also, even if you lie to save yourself, the driver will probably tell you what actually happened since they don’t want to go to jail.
That’s how you will probably face consequences for your actions if you did something reckless as a car passenger that caused an injury or death. With that in mind, behave yourself as a passenger. Not only drivers can cause car wrecks.
