There are situations where creative legal theories are necessary because of a lack of insurance or ability to recover against a party that is responsible for a car accident. What few people realize is that sometimes a passenger in the vehicle operated by the negligent driver may also be liable for an accident. This is important in cases where the driver is uninsured or underinsured. While you may be able to take advantage of uninsured/underinsured motorist coverage in such situations, you may alternatively be able to seek recovery against the vehicle passenger. A passenger is not liable simply because the passenger is in the vehicle with a negligent driver or that they share a common goal such as a leisure outing. There must be either specific conduct by the passenger that contributed to the accident or one of the following situations:
- Agency Relationship: This may arise where the passenger owns the vehicle and asks the driver to take the passenger to a destination. Another situation where there might be liability based on an agency relationship is where the passenger instructs the driver to take certain risks like speed, and the driver has been engaged to transport the passenger.
- Employment Relationship: If the driver is actually the employee of the passenger, the employer may be liable based on the doctrine of respondeat superior (literally “let the employer answer”). An employer may be liable for negligence of an employee if an accident occurs in the scope of employment. If the trip was in anyway business related, the passenger (employer) may be liable.
- Vehicle Owner: If the passenger of the vehicle also owns the vehicle and lets the driver operate the vehicle when the passenger knows or should know that the driver is either to immature or an otherwise unsafe driver, the passenger may be liable based on negligent entrustment.
A passenger may be liable when a relationship like one of those described above exists or the passenger engages in activity that actually contributes to the accident. Examples of conduct where a driver may be negligent might include encouraging the driver to drink and drive, telling the driver that is safe to back up when it is not safe and distracting the driver from concentrating on the roadway or obstructed the driver’s view.
While the driver is usually the liable party, this is an example of how a Mississippi auto accident attorney may have to be especially diligent in identifying other responsible parties if the driver does not have insurance or is underinsured. At the Barrett Law PLLC, our experienced auto accident attorneys have been helping auto accident victims seek compensation for personal injury and wrongful death with roots dating back 75 years. We offer a free initial case evaluation so contact us today at 662-834-2376. No Recovery No Fee!