If you are driving with a passenger in your vehicle and their unsolicited actions cause you to get into a car accident, you may consider whether it is possible to hold the passenger liable for the related damages.
The answer is nuanced, so read on to find out.
When a Passenger is At Fault for a Crash
While passengers are not typically the ones responsible for accidents they are involved in, it is still possible for this to be the case.
In order to prove such a situation, there must be strong evidence to show that the passenger caused an unsafe situation, which led to the crash.
Essentially, whoever is determined to be negligent in the accident will be the party held responsible for damages incurred. If this happened to be your passenger while you were driving, it may be helpful to have a skilled car accident attorney on your side to help prove that the accident occurred as a result of the passenger’s careless behavior.
Pure Comparative Negligence in Louisiana
The state of Louisiana follows the pure comparative fault rule (Louisiana Civil Code Article 2323), which allows you to recover compensation even if you are partially at fault for causing a car accident.
Consider an example. Let’s say the value of your case is determined by the jury to be $100,000, although, they also believe you are 20% responsible for the accident. In this case, your $100,000 compensation award will be reduced by 20%, in accordance with your blame for the crash. This would leave you with an $80,000 award.
We Can Help Injured Accident Victims
Sustaining injuries in a car accident as a result of the negligence of another is unfair and you may be entitled to compensation for your losses. Don’t hesitate to reach out to our experienced team right away to learn more about how we can assist with your case.
Call our firm today at (504) 470-3935 or fill out the online contact form to discuss the details of your case and learn how we can help.