Most fatal motor vehicle accidents in this country involve passenger vehicles (think sedans, SUVs, minivans, hatchbacks, pickups) where 61% of crash deaths involved their drivers and passengers according to research compiled by the Insurance Institute of Highway Safety (“IIHS”). Pedestrians (those walking on or near roadways, regardless of age) ranked second in crash deaths (18%), followed by motorcyclists (15%); bicyclists (3%); and large truck occupants (2%).
The danger of dying in a fatal motor vehicle accident remains unacceptably high in Illinois and Indiana, as well as the rest of the nation. It was not too long ago that Secretary of the U.S. Department of Transportation Pete Buttigieg warned that traffic fatalities were at crisis levels.
Also see: Illinois’ NSC Warns: Escalating Number of Fatal Motor Vehicle Accidents; and How Deadly are the Roads of Chicago, Illinois? Unacceptably High Risk of Traffic Deaths in the Windy City.
All too often, news reports and safety concerns focus upon the drivers of these vehicles and how best to protect against crash fatalities in the future. However, for many safety agencies and those advocating for accident victims and their loved ones, it is vital that more attention is given to the dangers facing passengers in vehicles on our roads today and how justice can be served for deadly crash passenger victims.
What About the Passengers? Risks and Dangers Facing Passengers in a Car Crash
Any serious accident involving a motor vehicle is complicated to investigate and confirm the reasons for what happened. Sadly, there is no easy answer to fixing the problem of fatal crashes with a single solution or change. A variety of factors contribute to these tragedies, particularly for occupants and passengers.
1. Location Within the Vehicle
One factor involved in vehicle crash dangers for any passenger is their location at the time of the crash. Different vehicles come with different risks, of course: minivans are designed differently than minis or smart cars.
Overall, any passenger in the front seat faces a greater risk of harm when the collision is head-on while those in the rear seats may suffer more harm in a T-Bone crash or a rear-end impact.
For more, read: Side-Impact Crashes: Fatal T-Bone Accidents and Sideswipes Involving Semi-Trucks and Other Motor Vehicles; and The Dangers of Aggressive Driving: Following Too Close Behind.
2. Restraints and Safety Measures
Of course, a number of safety devices and protocols have been developed to try and keep passengers of all ages safe from harm in the event of an accident. These include things like airbags; seat belts; bolster seat protections; child car seats; and more.
It is critical that passengers wear safety belts while in any size of motor vehicle. The National Highway Traffic Safety Administration (“NHTSA”) cautions that approximately half (49%) of those killed in motor vehicle accidents failed to wear their safety belts, with a shocking 64% of unrestrained pickup truck passengers suffering fatal harm in crashes.
From NHTSA:
There were 6,257 passengers killed in passenger vehicles in 2021, and 53 percent were riding in passenger cars. Among the 5,537 passengers killed in passenger vehicles for whom restraint use was known, 49 percent were unrestrained, but use varied by vehicle type: 64 percent of passengers killed in pickups were unrestrained, compared to 48 percent in SUVs, 48 percent in passenger cars, and 39 percent in vans.
Airbags are also important safety devices for passengers in any crash. However, if the passenger air bags fail to deploy, they do not work properly, or the airbags have been disengaged within the vehicle, then the risk of passenger death in a crash escalates.
For more on airbags, read: Honda Recalls Airbags for Third Time: Over 1,600,000 Hondas and Acuras Recalled for Dangerous Airbags.
3. Age of Drivers Can Increase Risk to Passengers
Young drivers, particularly teenagers and those under the age of 23 years, are known to drive their motor vehicles with one or more passengers along for the ride. However, studies have shown that younger and more inexperienced drivers behind the wheel increase the risk of fatal injuries for their passengers. Teen drivers have been shown to double the risk of death for passengers in a crash. According to NHTSA, over half (57%) of teen passenger fatalities involved drivers between the ages of 13 to 19 years.
For more on teen drivers and fatal accidents, read Teen Drivers, Adolescent Brain Development, and the Danger of Deadly Car Crashes; and 100 Deadliest Days for Teen Drivers: Risk of Fatal Crash Skyrockets in Summer Months.
Damages Suffered by Passengers in a Motor Vehicle Accident
The types of damages suffered by passengers and drivers has not been shown to be distinctively different. In a serious crash, everyone in the vehicle faces the potential for catastrophic or deadly injuries. Read, Taylor, Zachary, Austin Henken-Siefken, and Andrew McCague. “Injury patterns in vehicle crashes: the significance of occupant seating position.” Cureus 16.2 (2024).
Catastrophic and permanent harm to passengers involved in a serious car crash can include things like traumatic brain injuries; spinal cord injuries; internal organ damage; paralysis; blunt trauma harm; fractures; burns and scarring; and more. Illinois law recognizes many of these injuries as recoverable civil damages, and certain loved ones may also have legal redress as well.
Sadly, many passengers die in these accidents. In a fatal crash where a passenger has perished, there may be redress under the Illinois wrongful death laws. For more, read: Wrongful Death Claims in Illinois and Indiana: Different Laws Providing Justice after a Fatal Injury.
Liability for Passenger Damages in an Illinois Motor Vehicle Accident
Passengers, as accident victims, will have the legal duty to prove up their right to justice through admissible evidence of both: (1) liability of those parties responsible for what happened; as well as (2) the damages suffered as a result.
1. Drivers
Any driver on our Illinois roadways has a legal duty of care and safety placed upon them. This includes not only any driver who hit the vehicle that held the passenger, but the driver of the passenger’s occupied vehicle.
The passenger must prove with a preponderance of the evidence that these drivers breached their legal duties and as a result of that breach, were a proximate cause of the injuries sustained by the passenger. Breaches can include things like distracted driving; speeding; reckless driving; or driving while under the influence of drugs or alcohol.
For more, read Sick or Ill Drivers, Cognitive Function, and Motor Vehicle Accidents; Bottlenecks, Speeding, and Record-Breaking Fatalities: Deadly Highway Accidents in Indiana and Illinois; and Traffic Fatalities in Chicagoland: High Risk of Deadly Chicago Car Crash.
These cases can be emotionally difficult for passengers and their friends and family. The law may require that claims be asserted against those they love (family members, friends) because they are drivers who have legally breached a duty of care through their actions or failures to act. It’s a hard thing to do, but a necessary step to take in order to find financial relief for things like enormous past, present, and future medical care needs as well as lost earning capacity, etc. Fortunately, in most situations, there will be insurance policies in place to cover these damages.
For more on damages, read: Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life; and Bad Faith: When an Accident Victim is Victimized a Second Time by the Insurance Company.
2. Third Parties
Third parties may also be liable in a passenger claim after a serious car crash. Reconstructionists may confirm that liability may exist with (1) manufacturers of car parts (think blown tire or failed brakes); (2) repair companies; (3) landowners or tenants under premises liability (bad lighting, failure to maintain the property, etc.); and others. See, Accident Reconstruction Experts and Injury Claims.
Justice for Passengers Hurt in Motor Vehicle Accident in Illinois
There are state laws passed by Illinois lawmakers that help passenger victims to find justice after a serious motor vehicle accident. These claims can be complex, where investigations of the incident reveal that several parties have legal liability for what has happened. It is important for passengers to know they have these legal rights as well as a legal deadline within which to assert them. As a general rule, that runs from the date of the accident, and claims are time barred if filed more than two (2) years after the crash date. Read: Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Also read:
- Driving, the Brain, and Serious or Fatal Injuries: The Neuroscience of Driving in Car Accidents and Truck Crashes
- Understanding Driver Failures in Fatal Accidents: The Human Factor and Expectancy Violation
- Serious Illinois Car Crashes and Marijuana Impaired Drivers
- Chicago Truck Accidents: Liability after Serious Chicagoland Semi-Truck Crash
- The Danger of Dying from a Traffic Crash in Indiana or Illinois: Is NHTSA Effectively Protecting Against Fatal Motor Vehicle Accidents?
Passengers are dependent upon the driver for their safety, as well as others on the road with them. Their vulnerability makes these claims particularly heartbreaking, while Illinois law does provide them and their loved ones with avenues for justice. Please be careful out there!
