Can Passengers Sue The Driver in a Car Accident?

Driver with Two Passengers — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.

In car accidents involving a driver and a passenger, one of the first questions people ask is “can the passenger sue the driver of the car that was responsible for the accident?”

The short answer is yes.

The car accident passenger can sue the driver of the car under the same legal theory that anybody (another car, a pedestrian) involved in the accident would use – negligence.

A driver is negligent if they’re found to have breached their “duty of care” when they got behind the wheel. The driver of the automobile owes their passengers a duty of care to drive safely. This includes avoiding collisions and safeguarding their passengers against injury. When the driver breaches this duty of care and it results in injury or damages, the driver can be considered negligent.

A negligent driver can be responsible for your injuries you suffer as a passenger. This can mean they’re responsible for medical bills, lost wages, pain and suffering, and any other damages you might have suffered as the passenger.

What if the driver is a friend or family member?

This can be complicated by the fact that the driver could be your family member or a friend. Often injured victims do not want to sue their friends for their injuries because they are afraid that a claim against their friend’s insurance company or a lawsuit may impact the friendship. But the reality is you are NOT suing your friend personally, you are really suing the insurance company that is ultimately responsible for paying on these claims.

Insurance is required in the state of California and it is there to provide for injury and damages. You’re only in a position to sue a friend personally if they are an uninsured motorist or are under-insured, meaning the insurance is insufficient to cover the damages.

What if the other driver was at fault?

As a passenger in a car accident, you also have the right to bring a claim or case against the other party involved in the automobile driver in the car in which you were traveling is not at fault. You should make sure to get all relevant information from the other driver such as:

Name
Address
Telephone Numbers
Insurance Information
Vehicle Registration

Obtaining the vehicle registration is especially important because you may have a claim against the registered owner if that person is different than the driver under California’s permissive user rule. An example of this is an employee driving his or her employer’s vehicle that’s registered under the name of a company, or it could possibly be a minor driving a vehicle registered to his or her parents.

In that case, you would pursue a claim against the registered owner under such theories as negligent entrustment or negligent hiring along with the driver under a general negligence theory.

As a passenger, can I speak to the insurance company?

The short answer is yes, you may speak with the insurance company. However, for the well-being of your personal injury case, it’s highly recommended that you speak with your personal injury attorney before discussing your accident with an insurance adjuster.

The insurance company will definitely contact you because not only are you an injured party, but you’re also a valuable witness to what occurred. Even though insurance covers damages caused by automobile accidents, an insurance adjuster will not volunteer to give you as much as you may think your claim is worth or even as much as you need. The adjuster is an insurance company employee whose motivation is settling a claim quickly and for the least amount of money possible.

Insurance adjusters are notorious for trying to obtain a statement as soon as possible. It is important to know that even as a passenger of an auto accident, you are entitled to an attorney to assist you with the legal process and to avoid saying anything that may damage your case.

Man Answering the Documents — Roseville, CA — Frank Penney Injury Lawyers

When you are the passenger in a car accident, make sure you talk to your attorney before an insurance adjuster.

Special circumstances: What if I am the passenger on a motorcycle?

Liability here depends on a number of factors. California Vehicle Code Section 27800 states that it’s unlawful to carry another person on a motorcycle as a passenger unless the motorcycle has a seat securely fastened to the machine with footrests. Another option for a passenger to ride on a motorcycle is to be seated in a sidecar attached and designed for the purpose of carrying passengers, the passenger must keep his or her feet on the footpegs at all times while traveling on the back of the motorbike. If you’re unsure about your rights as a motorcyclist or passenger on a motorcycle, contact a motorcycle accident lawyer for further consultation.

What if I was not wearing a helmet?

Again, the California vehicle code is instructive; Section 27803 requires both the driver and the passenger to wear a helmet while riding a motorcycle and the helmet must meet certain requirements. Therefore, if you’re the passenger and you have failed to follow the law, you would also be at fault if injured in an accident even if the ultimate cause was someone else.

Special circumstances: What if both parties are at fault?

There are situations where both drivers are at fault. Under the comparative fault doctrine in California which compares the fault of each and apportions a percentage of fault to each driver, both drivers are then responsible for the percentage assigned. Therefore, if your driver is only 20% at fault for the accident, they would be responsible for 20% of your damages and the other driver would be responsible for 80%.

As a passenger, am I entitled to an attorney?

Anyone injured in an automobile accident whether they are the driver, the registered owner of a vehicle, a passenger, or an injured pedestrian is entitled to representation by an attorney. Often a skilled attorney can navigate complicated cases such as those involving passengers and negotiate better settlements with insurance adjusters. If you were involved in a car accident as a passenger and are seeking the compensation you deserve, contact personal injury attorney Frank D. Penny today.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Driver Seriously Injured in Highway 99 Crash Near Fresno Street

By Frank Penney • June 11, 2025

A driver was seriously injured Saturday evening in a crash on Highway 99 near Fresno Street, according to the California Highway Patrol. The incident occurred on the southbound shoulder of the highway, where a commercial big rig had pulled over due to mechanical issues. As the truck sat stopped on the shoulder, a Ford Taurus traveling at high speed veered onto the same shoulder and slammed into the back of the trailer. Authorities say the Taurus appeared to be driving recklessly before the collision. The impact left the car heavily damaged, and the driver—who was not wearing a seatbelt—was rushed to a local hospital with major injuries. “Our hearts go out to the injured driver,” the CHP said in a statement. “This incident serves as a stark reminder that excessive speed and reckless behavior can have devastating consequences.” The CHP is using the crash as an opportunity to remind all motorists to drive responsibly, follow traffic laws, and always wear a seatbelt. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Innocent Bystander Killed in Multi-Car Crash After Police Chase in Sacramento

By Frank Penney • June 11, 2025

A tragic series of events unfolded Saturday morning in Sacramento when a police pursuit ended in a seven-vehicle collision that killed an innocent bystander. The crash occurred at the busy intersection of Florin Road and Greenhaven Drive. The incident began around 10:15 a.m. when Sacramento police received a call from a woman requesting assistance in retrieving her belongings from a home on Farm Dale Way. She expressed concern that her former partner, a known domestic violence suspect, might be present at the residence. Officers recognized the location from a prior domestic violence call the previous weekend. At that time, the suspect, Daniel Cunningham, 33, had already fled before officers arrived. During the ongoing investigation, police developed probable cause to believe that Cunningham had committed felony domestic violence. He was also identified as a parolee at large with an outstanding warrant. On Saturday, officers located Cunningham in a vehicle, which led to a high-speed chase heading westbound on Florin Road. The pursuit ended abruptly when Cunningham’s vehicle crashed into multiple cars at the Florin and Greenhaven intersection. According to police, the pursuit was short and officers had lost visual contact with Cunningham's vehicle just prior to the collision. Following the crash, Cunningham attempted to escape on foot but was quickly apprehended with the assistance of a police K-9. He was transported to a hospital for evaluation before being booked. Tragically, the crash claimed the life of 30-year-old Huyn Huu Duc Nguyen of Elk Grove, a bystander with no connection to the suspect. Details on other possible injuries, including whether children were involved, have not yet been confirmed. Sacramento Police spokesperson Anthony Gamble stated, “Our officers had the obligation to bring this person to justice. He made the decision to run. He made the decision to drive at a high rate of speed. He put himself and everybody else’s lives in danger by his actions and he caused this collision that took the life of somebody who was not involved in this whatsoever.” The California Highway Patrol has taken over the investigation into the crash itself. Cunningham faces multiple charges including parole violation, felony domestic violence, and felony evasion. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Sacramento Woman Killed in Tragic Parking Lot Accident at Bel Air Grocery Store

By Frank Penney • June 5, 2025

A tragic accident in Sacramento claimed the life of a woman on Tuesday evening, June 3, in the parking lot of a Bel Air grocery store on Rush River Drive. Around 6 p.m., Sacramento Police responded to reports of a pedestrian being struck by a vehicle. When officers arrived, they found a woman pinned between two vehicles with severe injuries. She was pronounced dead at the scene. Authorities later identified the victim as 36-year-old Linda Angelica Tracy, a Sacramento resident. According to police, she appears to have been the one operating her own vehicle when it accidentally struck and pinned her between another parked car. Two children were inside her vehicle at the time of the incident but were unharmed. The cause of the crash remains unclear, though investigators confirmed it was not a hit-and-run. Linda’s death has been officially classified as a motor vehicle accident by the Sacramento County Coroner’s Office. Her passing has left a deep void in the lives of those who knew and loved her. In a statement released by her family, Linda was remembered as “an exceptional mother and friend, who constantly put her family and community first.” They described her as someone who never hesitated to take on difficult and thankless tasks. A dedicated Girl Scout troop leader, school fundraiser, and the kind of parent always present for games, birthdays, and play dates, Linda was known for running a tight ship at home and for her love of planning family adventures. Soft-spoken but fiercely loyal, her family said she was the kind of person you wanted in your corner during tough times, someone who would do anything to protect the people she loved. The incident remains under investigation. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!