Chicago Passenger Negligence Cases

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: June 30, 2025

Joseph Conboy | June 30, 2025
Chicago Passenger Negligence Cases

Not every accident is caused by a driver. In some cases, a passenger’s actions can lead to a crash. While drivers must stay focused and in control of the vehicle, passengers also have a responsibility to act safely and responsibly. When they fail to do so, their behavior may lead to serious consequences.

Conboy Law Injury & Medical Malpractice Lawyers, we understand how complicated these cases can be. If a passenger acted negligently and caused harm, we help accident victims explore their legal options. Whether you were injured as a driver, passenger, or third party, we can help you understand who the liable parties may be.

Our personal injury attorneys fight to hold the responsible party accountable and help you recover compensation for medical bills, lost wages, and suffering. With our support, you can focus on healing while we handle the legal side of your case.

Can Passengers Be Liable for Car Accidents in Chicago?

Yes. Passengers can be held legally responsible if their actions directly cause a crash. In some accident cases, a passenger may interfere with the driver or encourage dangerous behavior. If those actions lead to a collision, the injured parties can seek compensation through personal injury claims.

These claims are often more complex than normal car accident cases, so having an experienced attorney is important.

What Is Passenger Negligence?

What Is Passenger Negligence_

Passenger negligence happens when someone in the car acts in a way that contributes to the crash. Their behavior must go beyond simple distraction and must directly impact the safe operation of the vehicle.

If their actions affect the driver’s control or judgment, they may be considered liable parties. A Chicago passenger negligence lawyer can help determine whether the passenger’s actions meet the legal standard for negligence.

Common Examples of Passenger Negligence in Illinois

Sometimes, passengers behave in unsafe ways that put everyone in the car at risk. Some of the common examples of actions that can lead to a passenger negligence case are:

Grabbing the Steering Wheel

When a passenger suddenly grabs the steering wheel, it can cause the driver to lose full control of the vehicle, even for just a moment. This dangerous action may lead to swerving, hitting another car, or even running off the road.

In these accident cases, the passenger can be held responsible for acting in a negligent manner that directly caused the crash and resulting injuries.

Distracting the Driver (yelling, arguing, showing phone)

A passenger who yells, argues, or waves a phone in front of the driver creates a major distraction that can take the driver’s focus off the road. These actions can be unsafe, especially when the vehicle is moving at high speeds or approaching traffic signals. If this distraction causes an accident, the injured parties may have a strong personal injury claim against the passenger.

Encouraging Reckless Driving or Speeding

Passengers who pressure the driver to speed, ignore traffic laws, or beat the light are also putting everyone at risk. Even simple statements like “go faster” or “you can make it” may influence the driver to take dangerous actions they wouldn’t normally choose.

If that behavior leads to a collision, the passenger can be considered a liable party in the crash and may owe compensation for the resulting injuries and medical expenses.

Blocking the Driver’s View or Controls

A passenger who leans over the dashboard, hangs objects on the rearview mirror, or places items on the console can block the driver’s view of the road or access to controls. These small actions can have big consequences if they prevent the driver from seeing a red light, avoiding another vehicle, or braking in time. In such cases, the passenger’s interference could lead to serious injuries and possible legal action.

Can Injured Victims Sue a Passenger for Negligence?

Can Injured Victims Sue a Passenger for Negligence_

Yes, if a passenger’s actions helped cause the crash, injury victims can sue them. If you suffered neck injuries, head trauma, or other serious injuries, you may be able to recover damages through a personal injury claim.

A Chicago passenger negligence lawyer can investigate the facts and explain how much your passenger negligence case is worth.

How Is Fault Determined in Passenger Negligence Cases?

Fault is determined by looking at the actions of everyone involved. If the passenger acted poorly, their behavior would be compared to that of the driver and any other parties. Evidence such as video, witness statements, or police reports will help determine whether the passenger should be held responsible. The court may assign a percentage of liability to each person based on their role in the crash.

What If You Were a Passenger and Got Hurt in the Crash?

If you were a passenger and got hurt, you may still file a personal injury claim. You can seek payment for medical expenses, lost wages, and pain. In most personal injury claims, fault does not rest on you unless your actions played a role in the crash.

You may have a claim against the driver, another vehicle, or even a third party, such as a governmental entity if a road hazard is involved.

Insurance Coverage and Passenger Negligence

Insurance Coverage and Passenger Negligence

Insurance coverage in these cases depends on who caused the crash. If a passenger caused the accident, the claim may go through their personal liability coverage. In some cases, the driver’s policy or other potential sources of insurance may apply.

Because these cases involve multiple parties, coverage questions can get complicated. A personal injury attorney can review all policies to find the best path to full and fair compensation.

Legal Process for Filing or Defending a Passenger Negligence Case

  1. Seek Medical Attention: Always get treated first. Some injuries may not show right away. Keep all records of your medical condition and treatment.
  2. Gather Evidence: Photos, videos, and witness names are all important. These can help show how the crash happened and who was at fault.
  3. Hire an Experienced Lawyer: A lawyer can explain your rights, review accident cases, and begin the claim process.
  4. File the Claim: Your lawyer will file the claim with the right insurance company or court and explain your legal options.
  5. Negotiate or Litigate: Some claims settle quickly. Others may go to court. Your attorney will fight to help you recover compensation for all economic damages.

Defending Against Passenger Negligence Claims

If you are a passenger being blamed for a crash, you also have rights. You will need to show that your actions did not directly cause the collision. An experienced lawyer can help gather proof and argue that the driver or another party was more at fault.

Without strong evidence, a passenger negligence case may not hold up. Your lawyer can help protect you from unfair claims and work toward a fair outcome.

FAQs

Yes, while less common, if a passenger interferes with a train operator or causes a negligent operation of the train, they may share fault. In some rare cases, passenger negligence can apply in a train accident if their actions directly caused or contributed to the crash.

The passenger negligence case worth depends on many factors, including the extent of your injuries, the cost of your medical treatment, and any income lost due to time away from work. Claims involving more severe injuries or long-term suffering often result in higher compensation amounts.

If a passenger caused an auto accident, you can file a claim against them. You may be entitled to legal help and compensation for pain, lost wages, and medical costs resulting from their actions.

Yes, if a train operator is distracted or influenced by someone on board, and that leads to a train accident, the same rules can apply. The law looks at who caused the negligent operation of the vehicle, whether it’s a car or a train.

Absolutely. These cases can be hard to prove and often involve multiple parties. Having an attorney gives you the best chance to understand your rights, review your legal options, and get the legal help you need to pursue full compensation.

Contact Our Chicago Car Accident Lawyer for a Free Consultation

Contact Our Chicago Car Accident Lawyer for a Free Consultation

If you were injured in a crash caused by a passenger’s actions, you may be entitled to compensation. Conboy Law Injury & Medical Malpractice Lawyers understands how stressful these situations can be. Whether you were hurt in an auto accident, a train accident, or another type of collision, our team is here to help you take the next step.

We offer clear guidance, strong representation, and personal support for every client. You should not have to deal with medical expenses, lost wages, or pain without support. Our firm will fight to hold the responsible party accountable and help you seek the compensation you deserve. If you are unsure about your rights or how much your passenger negligence case is worth, we are ready to answer your questions.

Contact us today for a free consultation. Let our team provide the trusted legal help you need to move forward.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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