Passenger causing car crash- what would happen?

[Cucumber1234]

NC and being vague.

If a passenger in a car, was accussed of causing a car crash. What would happen? I guess they'd be arrested but what would they be arrested for? What could happen and how serious would it be?

PinkFootstool · Today 16:41

Well there was a man who pulled up the handbrake of a police car at 70mph while he was in the back seat.

That's the one I was trying to recall, I thought he'd grabbed the steering wheel.

My point was mainly that though the passenger could get ‘done’ for something, it wouldn’t diminish the responsibility of the driver.

I made it clear that I was guessing and am not a legal expert.

Well the passenger didn't cause it, the driver did by being drunk. That excuse won't stand up. The driver wasn't forced to drive drunk. Hopefully driver loses their license.

Phew, that's lucky for the driver.

The police ALWAYS take to word of a drunk driver over any passenger in the vehicle!

That's why bus driver are never prosecuted after an accident - there are do many passengers to point the finger at.

Unless the passenger forced the driver to drive drunk at gunpoint or similar I cant see how the driver isn't culpable fir their own actions

Can't usefully comment without knowing what the passenger is said to have done. How exactly did the passenger cause the crash?

So your husband/partner drove drunk and got caught/caused an accident and is trying to say that he’s going to put the blame on you.

Good luck with that.

If that is correct, driver should start preparing for disqualification and a very large fine, or maybe a custodial sentence if he has previous convictions for similar offences.

Passenger might want to start looking for a good divorce solicitor.

The driver needs to grow up and accept accountability for driving drunk. Luckily no one was injured or died, they should be thanking their lucky stars!

Not sure what the passenger could have done in this situation to get the blame, unless the forced the driver to drive at gunpoint.

Good luck with that defence.
They would have arrested at the same time.

I once drove an idiot who suddenly decided to see what I’d look like in glasses and tried to put them on me while I was driving.

I've wondered this before. I was driving past a car when their child suddenly flung the passenger door open and I had to emergency stop. If I'd hit it (if they'd done it seconds later) or they'd hit me who would be to blame?

Did the passenger do anything to interfere with the driving of the car? Ie grab steering wheel/ put on hand brake? If they did, possibly even if the driver was drunk it may be their fault because the drunk driver might not have crashed if the passenger hadn’t intervened. Absolutely not excusing drunk drivers but the majority don’t crash so it’s not a given.

Was the driver breathalysed?

Does the driver actually blame the passenger? or are they just trying to blame them just for the sake of it?

Driver says passenger grabbed the wheel. Driver fled after crash. Passenger was trapped in car. Passenger got out, crying at side of the road. Driver has 24hrs to present themselves to police.

Driver then found passenger, was very aggressive, known to be abusive. Passenger is safe but very upset and scared.

Definitly not me!

If pulling handbrake or steering wheel would be causing danger to other road users. Section 22a RTA

Perverting course of Justice

Passenger would do well to speak to the police and provide a factual statement about what happened and the subsequent behaviour of the driver.

That's the best option.

Was the (possibly female) passenger frightened and trying to get the drunk (possibly male and aggressive) driver to stop and let them out of the vehicle?

Are they planning on saying that the passenger was driving? Or that the passenger grabbed the wheel?

Was the driver drinking anywhere where there was CCTV or were they drinking at home?

It's actually a really interesting ethical / legal question if you follow the logic.

The reason you can't drive drunk is because alcohol impairs your cognitive and motor function. If you are cognitively impaired (other than through drink or drugs) that would be a legal mitigation from being responsible for your actions (I. E. If you had dementia). On that scenario you could argue that the unimpaired passenger would be the person best placed to affect the decisions or actions of the driver, potentially better placed than the driver themselves...

The law isn't always logical though.

On balance, you have someone who was driving drunk (and may have form for doing so), fled the scene then got aggressive with the passenger and tried to blame them. Cant say that sounds like it is going to be very convincing to whoever is invesigating.

Drunk driver crashes car and flees the scene. They then try and blame the passenger for the crash.

I can't see that going down well with the law, to be honest.

They both sound like idiots, were they both drunk? It is not safe to grab the steering wheel! I am imagining a couple driving home after a night out, passenger wants driver to pull over because they are scared and don’t want driver to drive drunk. Since passenger is also drunk they think the best way to make driver stop is by grabbing the wheel?

regardless the driver is responsible for driving whilst drunk and should be punished fully. I hope they get banned!

The thing is that presumably you have driven the car somewhere while sober, then decided to have a drink knowing you would then have to drive back again when over the limit. That's premeditation, and the decision was taken before becoming cognitively impaired by the alcohol.