Passengers injured in car accidents in York, Pennsylvania, can seek compensation, even if partially at fault. Pennsylvania’s modified comparative fault rule allows damages unless a passenger is more than 50% responsible. However, passenger negligence can reduce or bar recovery.
At Marzzacco Niven & Associates, our attorneys have over 120 years of combined experience and have secured tens of millions for injured clients. Passenger negligence cases are complex—contact us at (717) 995-8998 for a free consultation with a York passenger negligence lawyer.
How Marzzacco Niven & Associates Can Help After a Passenger Negligence Accident in York, PA
Due to the complex nature of claims involving passenger negligence, it is advisable to work with experienced attorneys.
When you choose to hire our top-rated car accident law firm in York, we will:
- Complete an exhaustive investigation of the accident to determine negligence and gather evidence
- Identify all parties responsible for causing the car crash, including passengers
- File insurance and personal injury claims seeking full compensation for all damages
- Work with expert witnesses, as necessary, to build strong cases proving negligence and liability
- Handle all legal aspects of your case, including negotiating settlements and representing you in court
Our legal team has been recognized by numerous national organizations, including The National Trial Lawyers Top 40 Under 40, Super Lawyers, and Best Lawyers in America. We are also members of the Multi-Million Dollar Advocates Forum.
Call Marzzacco Niven & Associates today to schedule a free case evaluation with an experienced York personal injury lawyer. You pay nothing unless we win your case.
What Is Passenger Negligence in York, PA?
Passenger negligence occurs when a passenger’s conduct contributes to or causes the accident or the injury.
Examples of passenger negligence include, but are not limited to:
- Distracting the driver
- Interfering with vehicle operation (e.g., grabbing the steering wheel)
- Blocking the driver’s view
- Encouraging a driver to speed, run red lights, race, or engage in reckless or aggressive driving
- Providing the driver with alcohol and/or drugs
- Striking the driver or engaging in arguments with the driver or other passengers
- Failing to warn the driver of danger when it is reasonable under the circumstances
Ultimately, when a passenger’s actions contribute to an accident, it can significantly affect their ability to recover compensation and complicate the legal process.
Pennsylvania’s Modified Comparative Negligence Rule
Pennsylvania operates under a modified comparative negligence rule. The percentage of fault will reduce a passenger’s compensation, provided they are less than 51% at fault for the accident. For example, if a jury determines a passenger is 25% to blame for a crash, the court reduces the passenger’s damages by 25 percent.
However, if passenger negligence is found to be more than 51% responsible for the cause of the crash, the passenger is barred from recovering damages. Therefore, if a jury determines a passenger is 55% at fault, the passenger receives nothing for their damages.
Passenger Rights and Liability After a Car Accident in York, PA
Injured passengers may have a claim against the at-fault driver or multiple drivers if fault is shared or unclear. Passengers may also be held liable for damages to others if their negligence significantly contributed to the accident.
Damages in a passenger negligence case can include economic and non-economic damages, such as:
- Medical bills
- Pain and suffering
- Disfigurement and impairment
- Mental anguish and emotional distress
- Loss of enjoyment of life and quality of life
- Out-of-pocket expenses
- Lost wages and earning capacity
It is crucial to document the accident scene by taking photographs and making a video. Avoid making statements that could be interpreted as admitting fault. Seeking prompt medical treatment and legal advice helps protect your rights in a personal injury claim.
Statute of Limitations in Passenger Negligence Claims in York, PA
In Pennsylvania, injured passengers have two years from the date of the accident to file a lawsuit for damages. There are very few exceptions to the statute of limitations. Failing to meet the deadline could result in losing the right to sue the person who caused your injuries.
Schedule a Free Consultation with a York Passenger Negligence Lawyer
For injured passengers in York, PA, understanding negligence and the modified comparative negligence rule is critical for securing rightful compensation. Marzzacco Niven & Associates provides experienced legal representation to navigate complex liability issues, negotiate with insurers, and pursue maximum recovery under Pennsylvania law.
Contact us today to discuss your case with a York passenger negligence attorney during a complimentary consultation.