Passengers in a San Bernardino Car Accident may have a Legal Right to Sue

In May of 2017, four people were hurt in a crash, according to the San Bernardino Sun. The crash occurred early on a Saturday evening at East Baseline and Cedar Avenue and involved two vehicles. The crash sent four people to the hospital. Approximately two of the people were in critical condition at the time of the report.

An investigation into the car crash was ongoing at the time the report was published. There are no details about whether anyone would sue for personal injuries sustained in the crash.

Who is Considered a Passenger in a Vehicle?

A passenger is anyone in a vehicle who is not driving. A passenger can be in the front seat or in the back seat. This includes motorcycles and any other type of vehicle, as well.

A Driver has a Duty of Care to a Passenger in a San Bernardino

According to California personal injury law, a driver has the same legal duty to protect a passenger from harm as he or she does another driver. The driver is not supposed to do something such as speed or run a red light that would cause an accident with injury to ay othe rparty on the road or inside his or her own vehicle.

In other words, a driver has the responsibility to drive with care and obey traffic laws without causing an accident that hurts someone else. It does not matter if that person is another driver, their passenger, or a pedestrian.

A Passenger in San Bernardino does Not Have the Same Duty of Care as the Driver

A driver who fails to obey traffic laws may violate his or her legal duty to protect others from harm while driving. The accident victims, those injured in the car crash, also have a legal duty to protect themselves from harm. California law expects an accident victim driving a motor vehicle at the time to do everything to prevent harm from happening to them in an accident. For example, they are required to follow the rules of the road. This may include wearing a seatbelt or driving while sober.

The same expectations are not put upon a passenger riding in the same vehicle. A passenger cannot control the motor vehicle and does not have the ability to prevent a car accident from happening. He or she is not expected to be aware of any dangers on the roadway.

Contact Sanford A. Kassel regarding Your San Bernardino Accident

Comparative negligence is used to reduce an awarded to a plaintiff injured in a car accident. You may not have to worry about comparative negligence because you were a passenger in a car accident. However, do not think the other party will willingly settle just because you were a passenger in a car accident. Contact us about your case today.

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