Accidents happen often, making fault determination difficult. What happens if a passenger is harmed and the driver isn’t at fault? Can a passenger sue a not-at-fault driver?
Can a Passenger sue a not-at-fault driver?
A passenger can sue a motorist who was not at fault for damages depending on the state. Regardless of the blame, a lawsuit holds the offender accountable.
The passenger must prove the motorist was careless, irresponsible, or failed to care reasonably for their safety. Passenger could sue if the driver were drinking, distracted by some activity, or accelerating.
The passenger must prove the driver’s negligence caused their injuries. The passenger can also sue another driver if they caused the collision.
Several states allow passengers to sue drivers even if the driver is not at fault. “Passenger-protected” laws cover passengers wounded by drivers’ negligence.
If a passenger sues a non-fault driver, damages remain to the limit. The passenger may only collect medical bills, missed earnings, and other out-of-pocket expenditures from the crash.
If you or a family member get harmed in a vehicle accident, see an experienced personal injury attorney. A lawyer can help you understand your legal rights and assess if you have a case against a driver who was not at fault.
