Who can be responsible for accident?

Determining legal responsibility for an accident or injury (often called "liability") can be complicated, but often rests on whether someone was careless or "negligent." It's easy enough to say that the person or business that caused an accident must pay for your injuries.

Why is the driver responsible for all occupants?

Drivers are expected to act reasonably and safely on the road in order to ensure their passengers' safety, and if they don't, they're responsible for covering any injuries that a passenger sustains in their vehicle.

Can a passenger claim against driver?

In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. The driver could be made to pay compensation out of their driver's insurance. Otherwise, you could claim against someone else if someone else was clearly responsible.

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Complaint regarding Auto Accident (Guest passenger vs both drivers)

Santa Clara California Complaint regarding Auto Accident (Guest passenger vs both drivers)

Name: Santa Clara California Complaint regarding Auto Accident (Guest passenger vs both drivers)
Brand: US Legal Forms
Rating: 4.74 (253 reviews)

Category:

Civil Actions - Complaints - Personal Injury

State:

Multi-State

County:

Santa Clara

Control #:

US-PI-0304

Format:

Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.

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How to fill out Santa Clara California Complaint Regarding Auto Accident (Guest Passenger Vs Both Drivers)?

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FAQ

As a driver, you are expected to take responsibility for your passengers; from making sure that you stick to the correct number of passengers for your car, to ensuring that all passengers are wearing seatbelts. Failing to take responsibility for your passengers can land you in hot water with the law.

Determining legal responsibility for an accident or injury (often called "liability") can be complicated, but often rests on whether someone was careless or "negligent." It's easy enough to say that the person or business that caused an accident must pay for your injuries.

In many cases involving a car crash with passengers, the driver is responsible for his passengersincluding their injuries. However, every car accident differs. Sometimes, both drivers may share fault for the accident. In this case, a passenger may pursue compensation from the insurers of both drivers.

Unlike the driver of a vehicle, passengers can NEVER be at fault for road traffic accidents. As a result, they are ALWAYS entitled to recover the full amount of damages. If you have been injured as a passenger in an accident you may be able to sue: The driver of the car you were in.

As a passenger in a car, it is your responsibility to maintain a duty of care to protect yourself. While a passenger is not responsible or expected to anticipate every decision of the driver, the passenger must be aware of his or her surroundings.

Drivers are expected to act reasonably and safely on the road in order to ensure their passengers' safety, and if they don't, they're responsible for covering any injuries that a passenger sustains in their vehicle.

At-Fault Passenger Claims Unlike drivers, a passenger may make claims against both drivers if both share fault in the accident that caused their injuries.

Using the technical definition, a passenger is a person who travels with the driver and has little to no responsibility for operating the vehicle. A vehicle, by definition, can be a bicycle, bus, plane, train, truck, or car.

In California, passengers have the right to be compensated for their medical bills, lost wages, and pain and suffering. However, it can be complicated to determine who caused the crash and how to file a claim with the proper insurance company unless you have the assistance of an experienced car accident attorney.

In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. The driver could be made to pay compensation out of their driver's insurance. Otherwise, you could claim against someone else if someone else was clearly responsible.

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Santa Clara California Complaint regarding Auto Accident (Guest passenger vs both drivers)

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