Even if you are in the same car with someone, you can sue them for driving negligently. The Tacoma News Tribune recently reported an accident where the driver lived but two passengers were killed. These passengers now have claims against the driver. However, if you get into the car with an intoxicated driver, you may lose some of your rights.
According to the Tacoma News Tribune,
At the time, the car’s driver had a suspended driver’s license and four outstanding misdemeanor warrants, including two for suspected drunken driving, the State Patrol reported.
If the two passengers willingly got into the car with an intoxicated driver, they will probably face an assessment of “comparative fault“. This means that they may only recover a portion of what they would normally if they had not gotten into the car with an intoxicated driver. Their recovery will be reduced by their amount of comparative fault. Juries are often asked to attribute percentages of fault in civil claims. If the passengers were awarded $100,000.00, but they were found to be 25% at fault, the passengers would only receive $75,000.00 because their recoveries would be reduced by 25%.
Sometimes, a passengers recovery can be completely barred due to their own negligence or degree of comparative fault. If you have been injured by riding with an intoxicated driver you should contact a personal injury attorney immediatly to discuss your rights and responsibilities.