NJ Appeals court rules that passengers in an NJ car accident have an affirmative duty to give assistance to an injured person

In September 2002, an 18 year-old driver in New Jersey was drinking and driving with two friends in his car on the Garden State Parkway. The driver lost control of his car and stuck a motorcyclist. After the NJ car accident, the injured motorcyclist was lying on the ground and not moving. The three young adults then huddled around the car. The two passengers convinced the driver to flee the scene leaving the injured motorcyclist on the road with no help. It turns out that the innocent injured motorcyclist was killed as a result of the NJ car accident.

The personal representative of the motorcyclist’s estate brought a lawsuit against the driver and the two passengers for wrongful death. This case dealt with whether the passengers had a duty to help the injured motorcyclist in an NJ car accident.

The NJ Appellate Division ruled that the two passengers did have a duty to help an injured person in a NJ car accident. The testimony from the NJ personal injury case showed that over 43 phone calls were made from the occupants of the striking vehicle—none of which were to get medical help for the innocent NJ car accident victim.

The court also stated that since the evidence showed that the passengers actually coerced and influenced the driver to flee the scene of the NJ car accident, they acted jointly with the driver of the car. Therefore, the NJ court ruled that the two passengers had a duty to help the injured victim of the NJ car accident.

This is the first time this legal issue came before the NJ courts. This case can be appealed to the NJ Supreme Court.

See a copy of Podias v. Mairs, et al. here: Podias v. Maiers.pdf

The author of this Blog, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.