Were you involved in a car accident caused by passenger negligence in Charleston, South Carolina? Call Ty Robinson Personal Injury & Car Accident Law Firm at (843) 278-2222 for legal help. We can help you explore your legal options for recovering maximum compensation.
Our Charleston passenger negligence lawyer has six years of experience and has recovered millions of dollars for our clients throughout South Carolina to date. If you hire us, we’ll make your claim a top priority and will work hard to put as much money into your pocket as we can. Reach out to us today.
How Ty Robinson Personal Injury & Car Accident Law Firm Can Help With Your Passenger Negligence Claim in Charleston, SC
Passenger negligence cases can be difficult to prove. Unlike most car accident claims, the person who caused the crash may not have been behind the wheel. Ty Robinson Personal Injury & Car Accident Law Firm handles all kinds of cases in this area of the law and knows what it takes to establish liability.
If you hire our Charleston car accident lawyer in South Carolina, we will:
- Conduct a full investigation of the crash and determine who was at fault
- Obtain the necessary evidence to prove your claim
- Work with accident reconstruction experts to link the passenger’s conduct to the crash
- Handle all communication with insurance companies
- File a lawsuit and represent you in court if a fair settlement can’t be reached
We’ll fight to ensure you get all of the compensation you need to move forward as best as possible. Reach out to our personal injury law firm in Charleston, SC, today for a free consultation.
What Is Passenger Negligence?
Passenger negligence occurs when a passenger’s behavior contributes to or directly causes an accident. Although passengers aren’t responsible for driving safely, they do have a duty of care not to create unsafe conditions or otherwise interfere with the driver’s ability to operate the vehicle.
Examples of passenger negligence include:
- Distracting the driver
- Grabbing the steering wheel
- Encouraging the driver to drive recklessly in some way, including speeding
- Physically assaulting the driver
- Obstructing the driver’s view
- Engaging in dangerous horseplay inside the car
These behaviors can lead to devastating collisions. If a passenger’s actions led to a crash, they can be held financially responsible under South Carolina negligence law.
Proving Fault in a Passenger Negligence Case
To recover compensation, you’ll need to prove that the passenger’s conduct was negligent and directly caused your injuries.
This usually requires showing four elements:
- Duty of care: The passenger owed a duty not to act in a way that would endanger others on the road.
- Breach of duty: The passenger failed to uphold that duty through careless behavior.
- Causation: The passenger’s actions directly caused the accident or made it worse.
- Damages: You suffered actual harm, such as financial losses and/or injuries.
South Carolina’s comparative negligence statute allows multiple parties to share fault. If both the passenger and driver contributed to the crash, their respective percentages of liability will determine how damages are divided. You can recover compensation as long as you are less than 51% at fault.
What Kinds of Damages Can I Recover After a Passenger Negligence Accident in Charleston, South Carolina?
If you were injured because of a negligent passenger, you may be eligible for both economic and non-economic damages.
These may include:
- Medical expenses
- Lost wages/reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If the passenger’s behavior was intentional or especially dangerous, such as encouraging a drunk driver to take the wheel, you may also seek punitive damages meant to punish extreme misconduct.
How Long Do You Have to File a Car Accident Claim in South Carolina?
Under South Carolina Code § 15-3-530, victims generally have three years from the date of the crash to file a personal injury lawsuit. Missing this statute of limitations deadline could prevent you from recovering any damages.
Since these cases often involve multiple parties and insurance companies, it’s best to contact a lawyer as soon as possible after the accident. Our car accident attorney can help preserve evidence and meet every legal requirement before time runs out.
Contact Our Charleston Passenger Negligence Attorney for a Free Consultation
If a negligent passenger contributed to a car accident that left you injured, you deserve justice and fair compensation. At Ty Robinson Personal Injury & Car Accident Law Firm, we know how to prove liability in complex cases like these and aren’t afraid to go up against anyone.
Reach out to our Charleston passenger negligence attorney today to schedule a free initial consultation. We work on contingency, meaning we only get paid if we successfully handle your case.