It is very rare for Buffalo personal injury attorneys to be involved in cases where a passenger is considered responsible, at least in part, for his or her own injuries following a car accident. Generally, a passenger is entitled to assume that a driver will use reasonable care and obey the traffic laws. As a result, a passenger is seldom responsible for the negligence of the driver of a vehicle.
There are, however, exceptions to this rule. Passengers are also required to use reasonable care for their own safety. Failure to wear a seat belt, for example, may result in a passenger bearing at least partial responsibility for his or her injuries.
A passenger’s knowledge of the competency of the driver may also be considered when determining if a passenger contributed to his or her own injury. Knowingly choosing to ride with an intoxicated driver or failing to protest when a driver chooses to drive in a dangerous manner may also result in the passenger being found negligent. Such situations generally must be analyzed by a jury in light of what the passenger could reasonably be expected to know and what actions he or she could reasonably take toward self-protection under the specific circumstances of the case.
If you were a passenger in an auto accident and have any questions, please feel free to call us at 716-542-5444. We would be happy to help you.
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