Switch to ADA Accessible Theme
Close Menu
Accepting Altadena Claims Against Southern California Edison
Accepting Depo Provera Meningioma Claims
No Recovery No Fee Hablamos Español

Morris Law Firm Newsletter

Drivers & Their 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.

  • Parents' Responsibility for Minors' Actions
    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.
  • Limitations on Intra-Family Lawsuits
    Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that... Read more.
  • Party and Non-Party Depositions in Civil Lawsuits
    Once a lawsuit is filed to recover damages for a personal injury, breach of contract, or other cause of action, the case will usually proceed through several phases. The first phase of a lawsuit usually entails the preparation and... Read more.
  • Personal Injury and Defective Products
    Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably... Read more.
Law Commentary Legal News
Share This Page:
Facebook Twitter LinkedIn
Featured Video Gallery
Introduction video Introduction
Medical Devices video Medical Devices

© 2020 - 2025 Morris Law Firm. All rights reserved.
Custom WebShop™ law firm website design by NextClient.com.