New Jersey Car Passenger Injury Lawyer

Watch This Video To See How Our Top Rated New Jersey Car Accident Lawyers Can Help

Watch This Video To See How Our Top Rated New Jersey Car Accident Lawyers Can Help

If you are injured in a traffic collision while riding as a passenger in a vehicle, you may want to know about the driver’s liability toward you. The driver does have a duty to act responsibly toward you, but the extent of that duty depends on what kind of passenger you are.

The Non-Paying Passenger
The free rider, also known as the gratuitous guest, is typically not paying the driver to be transported. In most jurisdictions, the driver’s duty is that of reasonable care. As long as the driver isn’t foolishly reckless, or intentionally driving dangerously, he or she is relatively free from liability.

The Paying Passenger
The duty of the driver is somewhat heightened, however, when the passenger is a paying customer conferring a benefit (money) to the driver. Providing companionship to the driver is not enough benefit for a higher standard of care to be attributed. Neither is a contribution for gasoline expenses. For paying passengers, if the driver is negligent in any way, he or she will be held liable for damages.

What if the Passenger Isn’t Wearing a Seat Belt?
The driver may claim that the passenger was injured because he or she failed to wear a seat belt. However, the courts normally reject this defense, since it is the driver who caused the collision, not the seatbelt, or lack thereof.

Other Types of Passengers
There are a few unique driver/passenger situations that should be noted.

When owners are passengers in their own vehicles, they are not transformed to guest status. Essentially, owners are still paying for the transportation, whether they are driving or not.
Family members and minors are generally treated as guests, but it usually depends on the circumstances. Children who cannot think for themselves yet (such as babies) are not treated as guests.
Intoxicated passengers are still treated as guests unless the law requires them to be able to make a conscious decision to ride.

The Epstein Law Firm

Injured as a Car Passenger?

New Jersey Car Passenger Injuries

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The Epstein Law Firm

Questions About Your Car Passenger Injury Claim?

New Jersey Car Passenger Injuries

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(201) 231-7847
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Contact Our New Jersey Car Passenger Injuries Team

The Epstein Law Firm team handling New Jersey claims involving car passenger injuries

Notable Results

$1.2 million — Settlement for an 11-year-old passenger who suffered significant neurological injuries in a car accident. Published case result.
Confidential settlement for a child who suffered spinal cord injuries and neurological impairments in a motor vehicle accident. Published case result.

Prior results do not guarantee a similar outcome. Each case depends on its own facts, evidence, and applicable law.

What Our Clients Say

These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.

“Epstein Law Firm is the best of the best. I cannot recommend them enough. They actually care, are amazing at their job, and deliver exactly what they say they can.”

— AJ · Read the full Google review

“April was very professional and helped us tremendously. She explained everything thoroughly so that we understood the process from start to finish. We appreciate everything she did for us. We could not have had a better attorney.”

— Agnes · Read the full Google review

The Epstein Law Firm

Talk to a New Jersey Car Passenger Injury Lawyer

New Jersey Car Passenger Injuries

Speak with The Epstein Law Firm about your situation and the next steps.

Call now

(201) 231-7847
Schedule your free consultation