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In most states, the general rule is that the contributory negligence of a driver is not imputed to the owner, and will not. Could not be charged, the driver's negligence being imputed to the passenger so as to bar his recovery, on the grounds of contributory negligence.NEGLIGENCE — Imputable Negligence — Contributory Negligence. The negligence of a driver of a conveyance is not imputable to a passenger therein. This is not to say, of course, that a passenger may not, under some circumstances, extreme though they may be, be guilty of individual fault. A driver's negligence will not be imputed to a passenger unless there is an agency relationship between them or they are engaged in a joint venture. 1. Ordinarily, the negligence of the driver is not imputed to a mere guest. In all other automobile cases, the doctrine of imputed contributory negligence has no current validity. All cases contra are overruled. The negligence of the driver of a car in which the owner is riding at the time of an accident is not imputed to owner as a matter of law.