Can a passenger be responsible for an accident?
Horseplay in the Front Seat Causes Rollover Crash on the North Side
According to a News4SanAntonio report, a passenger engaging in horseplay in the front seat caused an accident early this morning.¹
Police reported the accident happened at around 1 a.m. Tuesday, August 5th, at an apartment complex on Parliament Drive near Blanco Road on the North Side. A man was reportedly horsing around in the front seat of a pickup truck while two juvenile girls filmed a Snapchat video from the backseat. The man then lost balance, causing him to fall and grab the steering wheel.
The underage girl who was driving lost control as a result, sending the pickup crashing into a wall and fence. At some point, the vehicle flipped over. All vehicle occupants were checked out by medics and were not injured.
Did You Know?
380 people died in accidents involving distracted driving in Texas in 2024.²
When Are Passengers Responsible for Auto Accidents in Texas?
Texas is an at-fault state, meaning the driver who causes a crash is responsible for paying damages. But what if a passenger’s actions lead to the accident?
In most cases, passengers aren’t held liable. However, under Texas law, there are certain situations where a passenger’s negligent or reckless behavior can make them partially—or even fully—responsible for an accident.
When Can a Passenger Be at Fault?
Passenger liability is rare, but it’s not impossible. A passenger could be held responsible if their actions directly interfere with the driver’s ability to operate the vehicle safely.
Examples include:
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Grabbing the Steering Wheel – Physically taking control from the driver, leading to a crash.
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Pulling the Emergency Brake – Causing the car to stop abruptly in traffic.
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Blocking the Driver’s View – Placing something over the windshield or distracting the driver visually.
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Instigating Dangerous Behavior – Encouraging street racing, reckless driving, or illegal activity.
What Must Be Proven for Passenger Liability?
To hold a passenger legally responsible in Texas, the injured party must prove that the passenger:
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Owed a Duty of Care – Like all road users, passengers must avoid reckless behavior that puts others at risk.
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Broke That Duty – Through negligent or reckless actions.
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Directly Caused the Accident – The crash would not have occurred but for their interference.
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Caused Injury or Damage – Someone was physically hurt or property was damaged as a result.
It’s important to note: Drivers are still expected to maintain control of their vehicle, even if distracted. Unless the passenger’s actions were the sole cause of the crash, liability may be shared.
Passenger vs. Driver Liability: Two Examples
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Passenger at Fault: A passenger suddenly grabs the wheel, causing the driver to swerve into another car.
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Driver at Fault: A passenger says, “Look at this,” and the driver glances away from the road—then rear-ends someone. In this case, the driver is still liable, even if distracted by the passenger.
Why Police Reports Matter
If a passenger causes a crash—especially one with multiple injuries—call the police and request an official accident report. Even if others object, this report is a crucial piece of evidence when liability is disputed.
Why You Should Hire a Lawyer
Passenger-caused accidents are legally complex. If the passenger has insurance, multiple injured parties may compete for limited coverage, often resulting in delays or reduced compensation.
If the passenger is uninsured, you may have to rely on your own policy—and even that might not cover everything.
An experienced Texas personal injury lawyer can investigate liability, file the correct claims, and make sure your rights are protected every step of the way.
Injured in an Accident Caused by a Passenger? Call Shaw.
If you were injured in a Texas auto accident caused by a passenger’s actions, you may be entitled to compensation for:
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Emergency Care
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Hospital Bills
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Lost Wages
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Pain and Suffering
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Property Damage
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And More
Let us help you find out—for free.
Call Shaw today at 800-862-1260 for a free case evaluation with an experienced Texas car accident attorney. No fees. No pressure. Just the legal support you need when it matters most.
Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years—because we put our clients first.
We look forward to serving you.