Skip to content
Board Certified in Personal Injury Trial Law - Texas Board of Legal Specialization
 214-200-4878
The Law Firm Of Aaron A. Herbert, P.C. Logo
24/7 Free Consultation

No Fees or Expenses Unless You Recover
214-200-4878
  • About
    • Attorneys
      • Aaron A Herbert
      • Marissa Maggio
      • Jordan Terashima
    • Testimonials
    • Results
  • Areas We Serve
    • Dallas County
      • Carrollton
      • Cedar Hill
      • Dallas
        • Apartment Injuries
        • Bicycle Accidents
        • Birth Injuries
        • Brain Injuries
        • Dog Bites
      • Garland
        • Boat Accidents
        • Car Accidents
        • DUI Accidents
        • Dog Bites
        • Slip & Fall Accidents
      • Highland Park
      • Irving
        • Bicycle Accidents
        • Car Accidents
        • Construction Site Accidents
        • Truck Accidents
        • Uber & Lyft Rideshare Accidents
      • Mesquite
        • Burn Injuries
        • Car Accidents
        • Dog Bites
        • Pedestrian Accidents
        • Truck Accidents
      • Richardson
        • Brain Injuries
        • Car Accidents
        • Daycare Abuse & Injuries
        • Drunk Driving Accidents
        • Spinal Cord Injuries
    • Tarrant County
      • Fort Worth
        • Personal Injury
        • Car Accident
        • Semi Truck Accident
        • Slip and Fall
        • Construction Accidents
        • Motorcycle Accident
        • View All +
      • Arlington
      • Colleyville
      • Mansfield
      • North Richland Hills
      • Richland Hills
      • Southlake
    • Collin County
      • Allen
        • Bicycle Accidents
        • Car Accidents
        • Child Injuries
        • Fatal Accidents
      • Frisco
        • Car Accidents
        • Dog Bites
        • Motorcycle Accidents
        • Truck Accidents
        • Uninsured & Underinsured Driver Accidents
      • McKinney
        • Car Accidents
        • Distracted Driving Accidents
        • DUI Accidents
        • Fatal Accidents
      • Murphy
      • Plano
        • Brain Injuries
        • Car Accidents
        • Crash Accident Reports
        • Motorcycle Accidents
        • Negligent Security
        • Texting & Driving Accidents
        • Truck Accidents
        • Wrongful Death
      • Wylie
      • Prosper
    • Comal County
      • New Braunfels
    • Denton County
      • Denton
        • Bicycle Accidents
        • Brain Injuries
        • Distracted Driving Accidents
        • Uber & Lyft Rideshare Accidents
      • Flower Mound
      • Hickory Creek
      • Providence Village
      • Roanoke
    • Parker County
      • Parker
      • Reno
    • Grand Prairie
      • Bicycle Accidents
      • Car Accidents
      • Slip & Fall Accidents
      • Truck Accidents
    • Houston
      • Personal Injury
      • Houston Car Accident Lawyer
    • San Antonio
      • Personal Injury
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
      • Workplace Injuries
      • Premises Liability
      • Traumatic Brain Injury
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • Slip and Fall
    • Brain Injury
    • Dog Bites
    • Wrongful Death
    • View All +
  • Blog
  • Contact
Home / Personal Injury Blog

Can Passengers Be Liable for Car Accidents

When you picture a car accident insurance claim or lawsuit, you most likely imagine the driver of the other vehicle taking legal responsibility for carelessly or recklessly causing the crash. You may not consider the potential fault of a passenger…

September 7, 2021
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

Dallas Personal Injury Lawyer – The Law Firm Of Aaron A. Herbert  >  Personal Injury Blog  >  Can Passengers Be Liable for Car Accidents

Tuesday, September 7, 2021 | By The Law Firm Of Aaron A. Herbert, P.C.
Can Passengers Be Liable for Car Accidents

When you picture a car accident insurance claim or lawsuit, you most likely imagine the driver of the other vehicle taking legal responsibility for carelessly or recklessly causing the crash. You may not consider the potential fault of a passenger within the vehicle. However, there are unique situations where a passenger could be held liable (financially responsible) for a car accident in Texas.

Do Passengers Have a Duty of Care?

Yes, vehicle passengers have certain duties of care. A duty of care is a legal or ethical requirement to act with reasonable prudence and safety. If a vehicle passenger does something that falls outside of the duty of care, he or she has been negligent. Technically, passenger negligence does not exist in a car accident case in Texas. Only a motor vehicle driver can be held liable for a collision. However, there are cases where a passenger could share fault for the accident with the driver.
A portion of fault for a car accident could fall on a passenger if the passenger breaches any of his or her duties of care, which include:

  • Not to encourage reckless driving, such as speeding or drag racing. This is an especially common problem among teenage drivers and their friends.
  • Not to distract the driver. Not to talk to, argue with, touch, hit or otherwise distract the driver from the driving task.
  • Not to do anything that could interfere with the driver’s ability to operate the motor vehicle, such as yank the steering wheel out of the driver’s hand.

If a passenger carelessly or intentionally acts outside of these duties of care, the passenger could be held at least partially liable for a resultant car accident. This means the passenger could be personally sued for the car wreck by any injured victims in the other car. The passenger would most likely share liability with the driver of the vehicle. In this scenario, the passenger’s auto insurance (or a parent’s insurance, in the case of a minor passenger) may step in to cover a portion of crash victims’ financial damages.

Are Passengers Covered by Car Insurance?

For the most part, a vehicle passenger who is injured in an auto accident in Texas is covered by the automobile insurance of the driver of the car. Passenger liability typically is not considered in a car accident case unless there is reason to suspect passenger negligence. In most car accident cases, the driver of the car (or his/her insurance company) will pay for the passenger’s injuries, medical bills and other losses – whether or not the driver was at fault for the accident. There are exceptions, however, in special circumstances.
If a passenger gives his or her consent (verbal or nonverbal) to ride in a car with a known dangerous driver, such as a driver who is known to be intoxicated or drowsy, the passenger may give up his or her right to obtain financial compensation from the driver’s insurance company after a related car accident. If an investigation finds proof that the passenger knew or reasonably should have known of the driver’s impaired state or reckless driving behaviors, this may undermine the passenger’s injury claim and exclude him or her from insurance coverage.

Contact a Car Accident Attorney in Dallas

Every car accident case is unique. If your car accident claim involves the potential liability of a vehicle passenger or an injured passenger who is seeking financial benefits, contact a car accident attorney in Dallas right away. An attorney can thoroughly investigate your car accident, look for signs of fault or causation, and collect evidence of passenger liability (if applicable). Your attorney will protect your rights and best interests throughout the legal process, taking the steps that are necessary to fight for the best possible case outcome on your behalf. An experienced car accident lawyer can help you every step of the way.

Tell Us About Your Case

Aaron Herbert

Our Practice Areas

Personal injury representation.
Explore how we can help.

  • Car Accidents
  • Wrongful Death
  • Motorcycle Accidents
  • Truck Accidents
  • Work Injury
  • Bicycle Accidents
  • Slip & Falls
  • Traumatic Brain Injury
Here when you need answers.

Learn about your options after an injury.

Locations
  • Dallas
  • Fort Worth
Testimonials
I am satisfied
I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

F.M.


I understood the entire process and best course of action
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
Read More
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

L.F.


I will refer Aaron’s law firm to all the people I know
VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

A.A.


I just want to give a big thanks to this law firm
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
Read More
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

M.C.


We are very pleased with our payout
Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

D.B.


Happy with my settlement
Happy with my settlement!

A.P.


He has a lifetime referral from me
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
Read More
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

C.N.


The law firm staff and attorneys were very nice
The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

R.H.


Great experience with this firm, very prompt service
Great experience with this firm, very prompt service.

K.M.


I highly recommend this law firm
Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

C.S.


   
                               
The Law Firm Of Aaron A. Herbert, P.C. Logo
214-200-4878FREE CONSULTATION

Dallas Office

8330 Lyndon B Johnson Fwy #700,
Dallas, Texas 75243
(214) 200-4878

Fort Worth Office

4200 South Fwy #412,
Fort Worth, Texas 76115
(817) 500-4878

Complete the form below for a
Free Consultation

"*" indicates required fields

By providing your mobile number, you agree to receive text messages from The Law Firm of Aaron A. Herbert, PC. related to your legal inquiry, case updates, appointments, and other client communications. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe or HELP for assistance. Consent to receive texts is not a condition of hiring the firm or receiving legal services. View our SMS Terms & Conditions and Privacy Policy for more information.

This field is for validation purposes and should be left unchanged.

Aaron Herbert legal resources

Knowledge Hubs

Explore our guides to Texas injury claims and the questions that matter to your case.

  • Store injuries

    Texas Walmart Injury Knowledge Hub

    Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
  • Choosing counsel

    TBLS Certified Personal Injury Knowledge Hub

    Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
  • Truck accident evidence

    Texas Truck Accident Litigation

    Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
  • Damages and settlement

    Texas Injury Claim Value and Litigation

    Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →

Practice Areas|About Us|Client Testimonials|Blog|Contact
© The Law Firm Of Aaron A. Herbert, P.C. All rights reserved. Privacy Policy|Sitemap