Passenger Negligence

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.

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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:

Speeding
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: