James Morris Law Firm P.C. Newsletter

Driver's Duty to Passengers

If you are injured in a traffic collision while riding as a passenger in a vehicle, you may want to know about the driver’s liability toward you. The driver does have a duty to act responsibly toward you, but the extent of that duty depends on what kind of passenger you are.

The Non-Paying Passenger

The free rider, also known as the gratuitous guest, is typically not paying the driver to be transported. In most jurisdictions, the driver’s duty to a non-paying passenger is that of reasonable care. As long as the driver isn’t foolishly reckless or intentionally driving dangerously, he or she is relatively free from liability.

The Paying Passenger

The duty of the driver is somewhat heightened, however, when the passenger is a paying customer conferring a benefit (money) to the driver. Providing companionship to the driver is not enough benefit for a higher standard of care to be attributed. Neither is a contribution for gasoline expenses. For actual paying passengers, if the driver is negligent in any way, he or she will be held liable for damages.

What if the Passenger Isn’t Wearing a Seat Belt?

The driver may claim that the passenger was injured because he or she failed to wear a seat belt. However, the courts normally reject this defense, since it is the driver who caused the collision, not the seatbelt, or lack thereof.

Other Types of Passengers

There are a few unique driver/passenger situations that should be noted.

• When owners are passengers in their own vehicles, they are not transformed to guest status. Essentially, owners are still paying for the transportation, whether they are driving or not.


• Family members and minors are generally treated as guests, but it usually depends on the circumstances. Children who cannot think for themselves yet (such as babies) are not treated as guests.


• Intoxicated passengers are still treated as guests unless the applicable law in the jurisdiction requires them to be able to make a conscious decision to ride.

© 2025 NextClient.com, Inc. All rights reserved.

• Tort Liability for Minors
  In most states, the age of majority (when a person is recognized by law as an adult), is 18 years of age or older. A “minor” is a person who is under the age of 18. When a minor breaks the law or causes damage or injury to... Read more.
• Proving Liability & Injuries with Experts
  Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education.... Read more.
• Defects in SUV's and Product Liability
  “Sport Utility Vehicles” (SUV’s) have become increasingly popular. It has been estimated that SUV’s comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been... Read more.
• Modern Technology Leads to Increase in Distracted Driving
  According to the National Highway Traffic Safety Administration, distracted driving accounted for nearly 6,000 deaths in the United States in 2008 alone, and over half a million injuries. That fatality number accounts for 16 percent of... Read more.

• Neil Young and Band Hit With Trademark Lawsuit Over “Chrome Hearts” Name
• Kanye West Ordered to Pay $76K in Legal Fees After Judge Rejects “Frivolous” Dismissal Attempt
• Federal Court Allows Particle Health’s Antitrust Case Against Epic to Proceed
• Perry Farrell Counters Jane’s Addiction Lawsuit, Alleges Dave Navarro Has “Unclean Hands”
• Court Blocks Justice Department Bid for Boston Children’s Hospital Transgender Records