§ 28-14 Motor Vehicles - Passenger's Duty of Care

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§ 28-14 Motor Vehicles - Passenger's Duty of Care

A passenger in a motor vehicle must exercise ordinary care for his own safety. In the absence of any fact or circumstance indicating the contrary, the occupant need not anticipate the driver, who has exclusive control and management of the vehicle, will enter a sphere of danger, omit to exercise proper care to observe the approach of other vehicles, fail to signal the approach of the vehicle which he is driving, fail to keep the speed of the vehicle within proper limits, or otherwise improperly increase the common risks of travel. Yet, an occupant of a motor vehicle may not abandon the exercise of his own faculties and entrust his safety absolutely to the driver, regardless of the imminence of the danger, or the visible lack of ordinary care on the part of the driver to avoid harm.

Absent facts or circumstances indicating the driver is incompetent or careless, an occupant of a vehicle is not required to anticipate negligence on the part of the driver.

A passenger has a duty...