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Can a Passenger Be Responsible for a Distracted Driving Accident?

Can a Passenger Be Responsible for a Distracted Driving Accident?

We already know that one of the most common causes of car accidents is distracted driving. Far too often, individuals take their eyes off the road and their hands off the wheel to text, eat, put on makeup, and a plethora of other tasks that are unsafe to do while operating a vehicle.

However, when these types of accidents go beyond the actions of the driver, it could complicate the manner in which a lawsuit is conducted. For instance, how do you prove fault and liability should a passenger encourage distractions or if their direct actions cause the distraction?

Passengers May Be Partially at Fault

When considering what distractions can exist in a vehicle, there must be separation between understandable distractions (such as a crying child) and preventable distractions (texting or turning to speak with a passenger).

However, if there is an action outside of the driver’s control, how is fault determined?

Consider the following scenario: A teen driver is traveling down the roadway with multiple passengers. The passengers begin to act rowdy and the front seat passengers turns to those in the back seat. The movement causes the driver’s hands to slip and the driver loses control and crash. Should the driver be held fully accountable for that accident?

Any action by a passenger that directly contributes to an accident can be considered negligence and that passenger may be held accountable for compensation owed to a victim. In some cases, the driver and the passenger may be held accountable if both parties willingly participated in the action which caused the distraction—such as the driver and passenger both messing with the steering wheel.

At Kalka & Baer, we look at all factors involved in a car accident case to determine who may be held accountable. If more than one party is at fault for your injuries, we’ll help you understand what your rights are to take action against all those who contributed to the crash.

Our Atlanta car accident attorneys are here for you every step of the way, working to help you pursue the compensation and justice you deserve. When you’ve been injured by someone else’s negligence, we stand ready to be in your corner, going the extra mile on your behalf.

Call our firm at (404) 907-1594 today.

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