Motor vehicle accidents can be distressing for all parties involved, particularly passengers who through no fault of their own, fall victim to the negligent driving of others. Passengers who have sustained injuries in a motor vehicle accident are entitled to make a claim for statutory benefits and in some circumstances, a claim for common law damages under the NSW compulsory third party compensation scheme.
However, passengers should be aware that in some circumstances, they may be held partially or mostly at fault for their injuries despite not being behind the wheel. For instance, passengers who voluntarily enter vehicles driven by someone who they know to be heavily intoxicated could bear 80% or more of the blame for their injuries where the driver causes an accident. Other factors such as entering a vehicle despite knowledge of the driver’s inexperience can also lead to a finding of contributory negligence.
In NSW, passengers involved in accidents can have their entitlements significantly reduced on account of being held partially or mostly at fault for their injuries. It is therefore critical that all motorists, including passengers, are aware of these principles.
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This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
