In most situations, passengers are not at fault for an accident. A passenger in a motor vehicle can usually collect from whomever is at fault for the accident. This may include the driver of the car they were in, the driver of the other vehicle or possibly both.
Passengers usually also have more insurance coverage available to them than a driver of a motor vehicle.
There are very few duties that a passenger has to help a driver avoid an accident. However, if the passenger himself or herself was negligent or the passenger assumed the risk of a possible accident, such as riding in a car with someone they know is severely intoxicated, they might not be able to recover any money in an accident.
As of August of 2010, Nebraska repealed its Guest Statute, which, among other things, prevented certain family members from collecting money against another family member in a motor vehicle accident unless the family member-driver was “grossly negligent” or intoxicated. Now, any injured person can collect against anyone who is at fault for the accident, even if they are related.
Contact Lapin Law Offices if you, a family member or friend were a passenger in a motor vehicle accident.