A Passenger's Duty of Car For His Own Safety

If you are a passenger in a car and the driver negligently causes a car accident, you have the right to compensation for your injuries. But what are your obligations as a passenger in a car accident? Here is the jury instruction regarding a The Passenger's Duty of Care For Own Safety:

CACI #711 (The Passenger's Duty of Care For Own Safety)

A passenger is not required to be aware of the conditions on the highway and is entitled to expect that a driver will use reasonable care. However, if a passenger becomes aware of a danger on the highway, or the driver's impairment or failure to use reasonable care, then the passenger must take reasonable steps to protect his or her safety.

So this means that you are not obligated to do anything unless you see some danger coming, and then you need only take "reasonable steps." So if the driver was drunk - and you knew it - at the time you got in the car, one could argue that you did not take reasonable steps to protect yourself.. On the other hand, if the driver is traveling dangerously fast, and you urge him to slow down before he causes a car accident, you have done all you could reasonably do.

Pete Clancy is a personal inury attorney in Oakland.