The issue of whether a passenger in a vehicular collision can be held comparatively at fault frequently arises. At first blush it seems almost comical to state that a passenger could be held at fault. However, if a passenger is injured in a vehicular collision the laws of comparative fault apply. Comparative fault simply is a position taken by defendants to claim that the plaintiff was also at fault. If a jury were to find that the plaintiff was at fault, it reduces the verdict in favor of the plaintiff by the amount of plaintiff fault.

What are some of the actions of the passenger for which comparative fault is asserted by defendants? Obviously one issue is if a passenger sees an impending collision and does nothing to alert the driver in order to enable the driver to try and avoid the collision. Another situation might be if the conduct of a passenger in a vehicle is such that it is distracting the driver. This could be such conduct as arguing with the driver, playing loud music, talking on the cell phone, disciplining children and other similar conduct. Any conduct of a passenger that could reasonably be considered to be a cause of the passenger’s injury can be asserted in a jury could find that the passenger was at fault reducing the recovery.

It is, therefore, suggested that if you are a passenger who was injured in a vehicular collision that you consult with an attorney because a passenger can be at fault for his or her own injuries.