I was injured when I was a passenger in my own car. My son hit another car at an intersection. Can I make a claim for my injuries since I am responsible for my son’s driving?
In a prior post, Vehicle and Traffic Law section 388 was explained. That statute imputes the negligence of a driver to the owner of that vehicle. Therefore, even if an owner lends his car but is not present during an accident, the owner is responsible for the acts of the driver. More importantly, the insurance company covering the vehicle is also responsible for the negligent act of the driver.
However, this is a slightly different fact pattern. In this case, the owner of the car is a passenger. Would the negligence of the driver be imputed to the owner who is a passenger in the car?
The answer to the question is no. Kalechman v Drew Auto Rental, Inc., 33 NY2d 397, 353 NYS2d 414 (1973). The exception to this rule would be if the owner/passenger did something to contribute to his injuries. So if the owner/passenger distracts a driver causing the accident, then the owner/passenger is partially responsible.
Another example would be a passenger/owner getting into the car with a drunk driver. As discussed in a prior post, a passenger has a duty to avoid getting into a car with a drunk driver. But what if the passenger is so drunk that they do not realize that they are getting into a car with a drunk driver? That is a question determined by a close look at the facts. The court could look at the level of intoxication of both owner and driver as well as any arrangements the parties entered into before the night out.
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.