Can a Passenger Be Charged for Distracted Driving?

The moment you step into a car as a passenger, you trust the driver to get you to your destination safely. You assume they will focus on the road, obey traffic laws, and react to potential dangers. But what happens when the distraction isn’t coming from a cell phone or the radio—but from inside the car? Imagine a passenger grabbing the wheel, yelling for the driver’s attention, or insisting they look at a text message. In an instant, that distraction could cause a devastating crash.

While most distracted driving cases place blame on the driver, passengers can also play a role in preventing—or contributing to—an accident. In some cases, a passenger’s reckless actions may even lead to legal responsibility for the crash. Understanding how passenger behavior influences distracted driving can help you stay safe on the road and avoid unnecessary legal complications.

How Does it Work? Passenger Liability for a Distracted Driving Accident

Distracted driving accidents are common. In 2018 alone, this type of negligence took 2,841 lives in the US – 605 of which were vehicle passengers. After an accident that gives you injuries or property damages, call the police for a thorough investigation. The police can search for clues and evidence of distracted driving, such as a lack of tire marks on the ground that shows the person behind the wheel was not looking at the road before striking you. The police can also interview other people involved in the wreck, including passengers.

If an investigation finds evidence that someone else caused the crash, such as a passenger, that person could bear at least partial liability for damages. When an accident occurs, taking a driver’s attention from the road by chatting, shouting, arguing, taking photos, hitting, or telling the driver to look at something could point to passenger liability if the distraction caused the accident. Passengers have a responsibility to be considerate of the safety of the driver, others in the vehicle, and others on the roadway. Activities and interactions with passengers that distract drivers could make the passenger liable for a related crash.

Although it is ultimately up to a driver to resist distractions and pay attention to the road, a passenger may bear some responsibility for a crash if he or she negligently or intentionally took the driver’s attention away from the road. This is especially true if the passenger contributed to the crash through an act of negligence, such as grabbing the wheel. If, however, the source of the driver’s distraction was a small child, the driver would take full responsibility for the wreck. Children do not bear the same responsibilities as adult passengers.

A passenger’s actions can significantly impact the outcome of a distracted driving incident. Passengers distract drivers through emotionally charged conversations, loud behaviors, and unexpected movements, which can divert a driver’s focus from the road. Legal analyses often focus on determining the level of responsibility shared between drivers and passengers based on the specific circumstances of the incident.

What Is Distracted Driving?

Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. This can encompass a range of distractions, categorized into three main types: manual, visual, and cognitive. Manual distractions involve taking your hands off the steering wheel or other vehicle controls, such as when adjusting the radio or eating. Visual distractions occur when you take your eyes off the road, like when looking at a GPS or reading a text message. Cognitive distractions happen when your mind is not focused on driving, such as daydreaming or engaging in a heated conversation.

Passengers inside a vehicle can significantly contribute to distracted driving. For instance, a passenger might initiate an argument, blocking the driver’s line of sight, or show the driver content on a smartphone. These actions can severely impact the driver’s ability to operate the vehicle safely, increasing the risk of an accident. Understanding these types of distractions is crucial for both drivers and passengers to ensure a safer driving environment.

One of the most common driver behaviors behind car accident cases in Omaha is distracted driving. Driver distraction, even only for a moment, can cause a deadly car crash. It is every driver’s responsibility to resist sources of distraction, such as cell phones and passengers. In most distracted driving accident lawsuits, the distracted driver will be liable for damages. If someone else contributed to the crash, however, such as a negligent passenger, he or she may share liability.

What are a Passenger’s Responsibilities in Preventing Distracted Driving?

Passengers play a pivotal role in maintaining a safe driving environment. By being mindful of their actions and supportive of the driver, they can significantly reduce the risk of distracted driving accidents. One of the primary responsibilities of passengers is to avoid engaging in behaviors that could divert the driver’s attention from the road. This includes refraining from loud conversations, avoiding activities that draw the driver’s focus away, and not showing the driver content on a smartphone while the vehicle is in motion.

Encouraging the use of in-car entertainment systems with separate screens for passengers can also help minimize distractions. Passengers should be aware of the potential distractions they can create and take proactive steps to minimize them. For example, they should avoid initiating arguments or any behavior that could block the driver’s line of sight. By taking these precautions, passengers can help prevent distracted driving accidents and contribute to a safer driving environment for everyone on the road.

Car Accident Cases Involving Multiple Defendants in Nebraska

Although less common than holding only a driver liable, it is possible to hold a passenger partially responsible for causing a distracted driving car accident, which can significantly impact a personal injury case. In Nebraska, a joint and several liability law will preside over cases involving multiple defendants. This law states that the courts can assign fault for an accident to multiple defendants by giving each a percentage of fault. The percentages of fault assigned to all parties must total either 100% or 0%.

An injured party (plaintiff) could also absorb a portion of liability for a car accident. Nebraska’s comparative fault law would preside over this type of case. In a case involving an irresponsible passenger and a distracted driver, the courts could assign a portion of fault to each for causing the crash. The distracted driver may absorb 40% of the fault for failing to pay attention to the road, for example, while the passenger could take 60% for causing the dangerous distraction. The courts will hold each jointly and severally liable in a car accident case involving multiple defendants.

Joint and several liability means both defendants will have to pay some part of the victim’s recovery award. Nebraska Revised Statute 25-21,185.10 states that both defendants will have to pay the full amount of the victim’s economic damages, regardless of each party’s individual degree of fault. Each defendant will only be liable for his or her portion of fault for non-economic damages, however. The courts will render separate non-economic judgment awards for each defendant in a case involving a liable driver and passenger. The complicated nature of claims with more than one defendant often requires help from the plaintiff’s attorneys.

Did Passengers Cause a Car Accident? Get Legal Guidance for Distracted Driving Cases With Knowles Law Firm

Distracted driving accidents can become more complex when a passenger’s actions contribute to the crash. Determining liability in these situations requires a thorough investigation into the circumstances, including how a passenger may have influenced the driver’s attention. At Knowles Law Firm, we have decades of experience handling complex personal injury cases, ensuring that all responsible parties are held accountable. We understand Nebraska’s comparative fault and joint liability laws, helping clients navigate the legal process with confidence.
For over 55 years, we have secured multi-million dollar settlements for injury victims by building strong cases backed by evidence. If you were injured in a crash involving a distracted driver and believe a passenger contributed to the accident, we can help you determine liability and seek fair compensation. Call us at (402) 431-9000 or fill out our contact form.