I was injured in a two car accident. I was a passenger in which I was celebrating a birthday and I relied on a designated driver to transport me home after the festivities. Can I make a claim for my injuries?
Normally a passenger always has a claim for injuries in a motor vehicle accident case (assuming that the passenger has sustained a “serious injury”). A passenger has no duty to take over control of a vehicle. Although there is some case law to suggest that passengers do have a duty to look out and, when reasonable, make the driver aware of potential dangers. But ultimately the operation of a vehicle is the responsibility of the driver. But, if you were drinking with the driver and had observed him consume alcohol, you may be responsible for getting in the car with an intoxicated driver.
If you made arrangements before you attended your celebration to designate a driver, you still might be responsible. If the driver fails to live up to the responsibilities of a designated driver, you are still responsible to not get into a car with an intoxicated driver. It is not that you are responsible for the accident, but you would be responsible for putting yourself in a dangerous position: a passenger in a car operated by an intoxicated driver.
But on the other hand, if you fell asleep and were not aware of the driver’s sobriety or conduct, you are not responsible for the accident. Nelson v Nygren, 259 NY 71 (1932); Ciserano v Sforza, 130 AD2d 618, 515 NYS2d 548 (2d Dept 1987). You are responsible for the risks you perceive. You are not responsible for a risk you did not know.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.