Clemson, SC asked in Car Accidents and Criminal Law for South Carolina

Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing the double line. When noticed she ran off the opposite side of the road she gerked the wheel once more causing to hit the on coming vehicle head on. Who would be at fault?

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2 Lawyer Answers
Mark A. Siesel
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • White Plains, NY

A: If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious liability. If a lawsuit was commenced by the other driver, and the passenger had his or her own automobile insurance, you might attempt to bring that passenger into the case as a co-defendant due to his or her actions, but I have never seen that happen in any case I have been involved with over 36 years of practice. I believe a Court would rule that you should have stopped the vehicle, and removed the dangerous passenger rather than continuing to operate the car.

Tim Akpinar agrees with this answer

Roy Willey
Roy Willey
  • Personal Injury Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: The claim should be covered by the car insurance policy of the car that lost control and hit the other car head-on.

Tim Akpinar agrees with this answer

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