
Car accidents can be extremely painful, confusing, and traumatic for everyone involved. While there is plenty of advice available for drivers on what steps to take right after an accident, passengers also need support, particularly when they are in a friend’s vehicle. If you are a passenger involved in an Indiana car accident, you may have the legal right to seek compensation for various damages from the incident. However, the process of claiming compensation can be complicated and often necessitates a solid understanding of personal injury law.
Who Is Liable for a Car Accident?
A driver determined to be at fault for an accident may be liable for any injuries a passenger suffers. Generally, passengers in a vehicle involved in an accident are not considered at fault, meaning they are not held legally responsible for the accident’s occurrence. However, it is important to note that Indiana operates under a comparative fault system. This means that in some cases, the insurance company may attempt to assign a percentage of fault to the passenger, potentially impacting their claim.
How Can a Passenger Be Found Liable for a Car Accident?
Passengers can occasionally influence the causes of a car accident, impacting both the incident and their own injuries. For example, a passenger may bear responsibility for a car accident under the following circumstances:
- Seizing Control of the Vehicle: If a passenger grabs the steering wheel or presses the accelerator without the driver’s consent, this can significantly endanger everyone in the vehicle and on the road, potentially resulting in a crash.
- Physically Obstructing or Harming the Driver: Any physical interference, such as hitting or blocking the driver, distracts them from their primary task of driving, which can lead to a serious accident.
- Distracting the Driver: Passengers have a responsibility to be considerate. Actions like loud talking, sudden movements, or engaging in activities that draw the driver’s focus away from the road can be deemed distracting and may contribute to an accident.
- Allowing the Driver to Drive Impaired: If a passenger knowingly allows a driver who is impaired by drugs, alcohol, or fatigue to operate the vehicle, they may be held responsible if the driver causes an accident. Passengers have a duty to intervene in such situations, as their inaction can have dire consequences.
All individuals, including passengers, have a legal obligation to act reasonably and with care to avoid endangering the safety of others. This duty entails conducting oneself in a way that minimizes the risk of causing harm. When a passenger fails to meet this responsibility—whether through negligence or a lack of action—they can be found at least partially liable. That is why, even as a passenger, it is crucial to have effective legal representation to protect your interests and ensure that any assigned fault is fair and justified.
When Are Passengers Not Eligible for Compensation Following a Car Accident?
In Indiana, filing passenger injury claims against immediate family members is limited by the Guest Statute (Indiana Code 34-30-11). This statute indicates that passengers cannot sue a driver who is a family member, including a parent, spouse, child, or sibling. They also cannot file a lawsuit if the driver gave them a ride while they were hitchhiking and no payment was made. However, if the driver commits willful misconduct leading to the crash, the injured passenger may pursue legal action regardless of their relationship.
Injured in a Car Accident? Contact Kaushal Law Today
If you were a passenger injured in a motor vehicle accident in Indiana, and you want to explore your legal options for seeking financial compensation for your injuries and losses, contact Kaushal Law today. Our knowledgeable legal team can evaluate your case and advise on possible next steps.