Negligent drivers are often liable for most motor vehicle accidents in Ontario. Car accidents occur due to speeding, distracted driving, failure to slow down or stop properly, disregard for traffic rules, fatigue, and impaired driving. However, in certain instances, a passenger could be liable in a vehicle accident. The accident victims can then file a lawsuit against the liable passengers.

The McKay v. Park Case

A perfect example of when a passenger may be liable in a car accident is evident in the case of McKay v Park. In this case, Park, the defendant driver, sought to have McKay’s, the plaintiff, injury lawsuit filed against her dismissed by stating that a passenger caused the accident. The driver and the passenger/co-defendant, Giancarlo Hnatiuk, were arguing. The passenger reached and grabbed the steering wheel from the driver and caused the vehicle to collide with another vehicle. The other vehicle’s driver sustained severe injuries and filed a lawsuit against the driver and the passenger.

Park, the defendant driver, filed a motion to have the claim against her dismissed. She argued that Mr. Hnatiuk, the co-defendant, was not covered under her vehicle's insurance policy according to the doctrine of vicarious liability. Vicarious liability applies when a vehicle owner is found liable due to the negligent acts of the vehicle operator. Because the passenger seized the vehicle from Park, the driver, the court maintained that Park could not be held liable for the accident. The driver’s auto insurer was not held liable to respond on behalf of the passenger, Mr. Hnatiuk.

Vicarious Liability under the Highway Traffic Act

According to the Ontario Highway Traffic Act, a vehicle owner has vicarious liability for a negligent vehicle operation. However, an exemption applies if another person was operating the vehicle without the owner’s consent. It is not always a simple question to determine whether there was consent. Consent can be implied or express. A thorough examination of all facts is necessary to determine if the vehicle operator gave consent.

The issue of consent came up in the previously mentioned case between McKay v Park. The passenger grabbed the steering wheel and seized the vehicle’s control without the driver’s consent. These actions demonstrated that the defendant did not have Park’s consent to operate the vehicle.

Negligent Driving Accusations

Still, in McKay v Park, the plaintiff's insurer, Toronto Dominion, claimed that Ms. Park engaged in negligent and distracted driving because she was agitated by the argument with the passenger. However, the judge didn’t accept this argument. The judge stated that Ms. Park did not have a history of negligent driving. The judge also stated that the act of grabbing the steering wheel was sudden and unforeseeable. Therefore, the court’s decision to dismiss the claim against Ms. Park remained and the court dismissed the appeal.

Seeking Legal Help

It is advisable to speak with skilled personal injury lawyers at https://wagners.co/ immediately after suffering injuries in a car accident. A lawyer will conduct all the relevant investigations and ensure that he or she brings charges against the liable parties.