Passengers are typically not at fault for car accidents in Miami. However, there could be cases in which passenger negligence is a contributing factor to a car crash.
The Miami passenger negligence lawyers of Shaked Law Personal Injury Lawyers can help you if a passenger caused your crash. Our attorneys have over 100 years of combined legal experience to draw upon during a case. Moreover, we have recovered millions of dollars for our clients since beginning our law practice in 2007. We can help you with your personal injury case.
Contact or call (305) 937-0191 at our law firm to schedule a free consultation with one of our Miami car accident lawyers. Let’s work together to prove that you are the victim and are entitled to compensation for your damages.
How Our Miami Car Accident Lawyers Can Help After Passenger Negligence Causes an Accident
Passengers may cause accidents when they distract a driver from the road. In such cases, the passenger may share responsibility for accident victims’ damages. If you were in a car accident and believe passenger negligence played a role, you could be entitled to compensation.
Shaked Law Personal Injury Lawyers have decades of experience in car accident cases. We can help you identify all parties responsible for your car crash and recover damages from each.
When you hire our Miami car accident lawyers, you can expect us to:
- Investigate to find out how the car accident occurred and who was at fault
- Develop an attorney-client relationship that promotes effective communication and cooperation
- Monitor deadlines for filing personal injury claims and lawsuits
- Handle all communication and negotiations with the insurance company
- Fight to get you the best possible settlement offer available for your case
You do not need to battle the insurance company alone. We can help. Call us to request a free case review with an experienced car accident attorney in Miami, Florida.
Negligence and Miami Car Accident Cases
Most car accident claims are based on negligence. A person may be negligent if they do not act with a level of care that a reasonable person would use in a similar situation.
The victim in a car accident case must prove that the other party:
- Owed the victim a duty of care
- Breached the duty of care
- Caused the car crash
- Caused the victim to suffer damages.
Every motorist has a duty to obey traffic laws and operate their vehicle safely. The challenge is to prove that the motorist’s actions were the direct and proximate cause of the accident, and the accident caused your injuries.
In many cases, one or more factors may have led to the car accident, such as:
- Failing to yield the right of way
- Drunk driving
- Texting while driving
- Distracted driving
- Following too closely
- Improper lane changes
- Fatigued or drowsy driving
- Running a red light in an intersection
Even if a person admits they were distracted when the crash occurred, you must prove that a specific action by the other driver caused the wreck.
How Can Passenger Negligence Cause a Car Accident in Miami, FL?
Passengers typically do not have any control over a vehicle. They sit in the passenger seat while the motorist makes driving decisions. However, a passenger’s conduct could still be considered negligent.
Examples of passenger negligence include, but are not limited to:
- Striking the driver
- Grabbing the steering wheel
- Trying to press the gas pedal
- Throwing objects in the vehicle or at the driver
- Blocking the driver’s view
- Yelling or making loud noises to startle or distract the driver
- Encouraging an impaired driver to operate a motor vehicle
A passenger can be held to the same standard for negligence as a driver. If a passenger’s conduct falls short of the “reasonable person” standard, the jury may find that the passenger’s negligence contributed to the cause of the car crash.
Can a Passenger Be Responsible for Damages for a Car Crash in Florida?
If the jury finds that the passenger contributed to the cause of a car accident, the passenger can be financially liable for damages. That ruling could impact the passenger in two ways.
First, if the passenger was injured and is suing the driver, the passenger’s compensation for damages could be reduced or prohibited. Modified comparative fault laws in Florida allow judges to reduce a person’s compensation to account for their percentage of fault in an accident. However, if a person’s percentage of responsibility exceeds 50%, they’re not allowed to recover a monetary award from another party.
Second, if another party was injured, that party could sue the passenger for damages. The passenger could be liable for damages in an amount equal to the percentage of fault assigned to the passenger. For example, if the jury finds that the passenger was 60 percent at fault, the passenger is responsible for 60 percent of the damages.
Schedule a Free Consultation With Our Miami, FL Car Accident Law Firm
Passenger negligence claims can be challenging to prove. You need a Miami car accident lawyer to help with your claim. Call to speak with a knowledgeable, compassionate member of our legal team. Your initial visit is free of charge, and you are under no obligation to hire our law firm after speaking with a Miami personal injury lawyer.
Common Miami Car Accident Claims We Handle
Our law firm handles all types of car accident claims in Miami-Dade County involving:
- Airbag injuries
- Chest injuries
- Defective tire accidents
- Head-on crashes
- Highway crashes
- Hit-and-run accidents
- I-95 accidents
- Left-turn crashes
- Multi-vehicle car crashes
- Parking lot accidents
- Rear-end accidents
- Rollover accidents
- Seatbelt Injuries
- Self-driving accidents
- Single vehicle accidents
- SUV rollover accidents
- U-turn accidents
- Uninsured motorists claims
Additional Miami Car Accident Resources
- Car Color & Crash Risk
- Car Inspection Laws in Florida
- Five Things to Know About Car Accident Settlement Agreements
- Florida Child Car Seat Laws
- How To Obtain an Accident Report in Miami, FL
- Miami Car Accident Statistics
- Miami, FL Car Accident FAQs
- Most Dangerous Roads Intersections in Miami, FL
- Questions To Ask a Lawyer After a Miami Car Accident
- Road Defects in Miami, FL
- What To Do After a Car Accident in Miami, Florida
- What to Do When Injured in a Car Accident in Miami, FL
Car Accident FAQs
- Can I Be Compensated for Pre-Existing Conditions After a Car Accident in Miami?
- Can I Be Reimbursed For Lost Wages After a Car Accident in Miami, FL?
- Do I Have To Go To Court After a Car Accident in Miami, FL?
- Do I Need a Lawyer After a Hit and Run Accident in Miami?
- How Does Car Insurance Work in Florida?
- How Long Will My Car Accident Case Take to Settle in Miami, FL?
- Is It a Mistake to Admit Fault After a Car Accident in Miami, FL?
- Left-Turn Collision: Who Is At Fault?
- What if the Other Driver Doesn’t Have Insurance?
- What Should I Do If My Child Was Hurt in a Miami Car Accident?
- Who Will Pay My Medical Bills After a Car Accident in Miami, FL?