Yes, there are cases where a passenger in an auto crash is held legally responsible for causing the crash. It is probably more accurate to say that the passenger was ALSO held liable along with the driver. In Maryland, it is possible for more than one person to be the cause of a car crash. In such cases, each person who is “at fault” is assigned a percentage of the fault — say 25% and 75%. Each person or their insurance carrier is then responsible for paying their percentage share of the legal liability.

With respect to passengers, the usual cause is distracting behavior. We all know that driving while texting or using a cellphone is dangerous. Both are forms of distracted driving. Well, the same kinds of distractions can be created by passengers. It is typical to say that passengers can engage in four types of distractions: cognitive, auditory, visual, and physical. For example, an intense conversation can cause cognitive distraction. That is, the driver is not focusing on the road and road safety, but is, rather, focused on the conversation. There is an auditory component to this distraction as well. The same can be said for any sort of argument that takes place while driving. This not only causes a loss of focus, but can raise anger and stress levels, resulting in even more loss of focus. Of course, arguments do not have to be serious to be distracting. An argument about what music to play can be trivial, but it can be just as distracting as other, more serious arguments.

In terms of visual distractions, the examples are numerous. Anytime a passenger demands the driver “look at this,” it is a form of distraction that can result in a crash. This is common if the passenger is on the internet on his or her phone. Some image or video might be amazing to the passenger, and the phone gets thrust into the face of the driver. In that case, the distraction is both physical — blocking the driver’s vision — and visual in the sense that the driver is being asked to look at something other than the road.

Physical distractions can be quite serious, depending on what the passenger does. Occasionally, as a joke or for some other reason, a passenger will reach over from the side seat and seize control of the wheel. Needless to say, that is dangerous and has caused accidents. Another type of “joke” is the “mess” with the gears by shifting the vehicle into neutral while going fast on a highway.

In any event, whatever the specifics, it is possible for a passenger to be distracting enough to cause the driver to crash. If injuries result from the crash, then the passenger can also be held legally liable to pay compensation. This sort of situation is one reason it is important to retain experienced Maryland car accident attorneys. They have the training and experience to know that, when passengers were in the vehicle at the time of the accident, many questions must be asked about what the passenger was doing just before the crash.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.