The law requires that a driver use reasonable care when driving a vehicle. Negligence is the failure to drive with such care and is often the basis for liability in an accident. The reasonable care standard also applies to encounters with pedestrians. While the law usually assigns pedestrians the right of way when crossing streets or similar situations, motorists are not expected to anticipate pedestrian movements. However, drivers should look out for individuals and honk the horn to alert an unsuspecting pedestrian.
Drivers are also responsible for taking the proper care concerning the safety of their passengers.
However, the driver is not liable if a passenger is injured through no fault of the driver. When a vehicle owner is a passenger in his or her own car, the law views the owner as still in control. If the motorist drives irresponsibly, the owner is expected to intervene. When a vehicle owner allows another person to drive the car, some legal responsibility may still exist for the owner. If an owner allows someone to drive his vehicle, which he knows to be defective, the owner may have liability in an accident.