A recent car crash involving 21-year old YouTuber and social media influencer Jack Doherty was caught on his livestream in Miami, Florida.
As reported, Doherty appeared to be on his phone just seconds before losing control of his McLaren and hitting a guardrail. The viral car crash has ignited an important conversation about passenger safety, liability, and legal rights.
While this high-profile accident happened in Florida, it raises important questions for New Yorkers: What if you were the passenger in that car? Could you hold the driver accountable for your injuries?
With over thirty years of experience helping car crash victims in New York, our car accident attorneys have seen firsthand the serious impact of reckless driving.
In this article, you'll learn how New York's state laws empower injured passengers to seek justice, and your legal rights if you've been injured as a passenger in a crash.
Let's examine this in the context of Jack Doherty's recent car crash.
Passenger's Rights To File A Personal Injury Claim
In New York, passengers can file a claim against negligent drivers. This could include the owner of the vehicle they were riding in, whether they were a social media influencer, friend, family member, rideshare driver, or even if you were in a taxi.
Filing a claim allows you to seek compensation for your medical expenses, lost wages, pain and suffering, and all other past and future damages caused by any crash-related injuries.
Social media has expressed criticism of Doherty's apparent disregard for safety, considering his passenger, a cameraman believed to be named Michael, sustained visible injuries in the accident and could be seen grabbing his arm and bleeding from the head.
If this crash were to have occurred in New York, and the passenger in Doherty's car was seriously hurt (like broken bones, disfigurement, or a brain injury), they would likely have a strong personal injury claim.
Who Can You File Against?
As a passenger, you can file a claim against:
- The driver of the vehicle you were in (if they were at fault)
- The driver of another vehicle involved in the crash
- Both drivers, if both share fault for the accident
- Other parties who may have contributed to the accident (e.g., a vehicle manufacturer if a defect caused the crash)
Driver's Liability
Using a cell phone while driving is illegal in New York and is considered a form of distracted driving. Where a driver is distracted due to cell phone use and causes a crash resulting in passenger injuries, the passenger(s) would likely have a strong injury claim against the driver.
A clip of the stream of the highway car crash that circulated online appeared to show Doherty, speeding on wet pavement while glancing down at the phone in his hand, before losing control of his car and veering into a guardrail. The influencer has been banned from Kick following the incident.
Using a cell phone while driving, combined with factors like speeding or adverse weather conditions, can significantly strengthen the case for negligence and liability.
This violation, combined with the fact that Doherty was live streaming and apparently speeding on a rainy highway, would strengthen the case against him.
If the crash were to have occurred in the Big Apple, Doherty's actions leading up to the crash may be considered negligent under New York law.
How "Comparative Negligence" Could Impact Your Claim
New York follows a "pure comparative fault" rule. This means that even if the passenger was partially at fault (for example, by not wearing a seatbelt or encouraging risky behavior), they could still recover damages. However, their compensation would be reduced by their percentage of fault.
Insurance & Personal Liability
In New York, auto insurance would typically be the first source of compensation for the injured passenger. However, given the circumstances of the crash, there's a possibility that the insurance company could deny the claim or limit coverage due to the driver's reckless behavior.
No-Fault Insurance in New York
New York is a no-fault insurance state. This means that regardless of who caused the accident, your initial medical expenses and lost wages (up to certain limits) are covered by the Personal Injury Protection (PIP) coverage of the vehicle you were in.
Serious Injury Threshold
If your injuries meet New York's "serious injury" threshold, you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver(s). This allows you to seek compensation for pain and suffering and other non-economic damages not covered by no-fault insurance.
Civil Liability & Criminal Charges
In addition to civil liability, a reckless driver could face criminal charges for their actions.
In New York, prosecutors and judges often take a hard stance on reckless driving cases, especially those involving cell phone use and resulting in serious injuries.
The specific charges and potential penalties would depend on the exact circumstances of the accident, the driver's history, and the extent of injuries to others, but could include reckless driving.
Reckless driving is defined as driving or using any motor vehicle that unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway, is a misdemeanor that can lead to fines and jail time. (New York Vehicle and Traffic Law § 1212)
Using a cell phone while driving is a primary offense in New York, meaning police can pull over and ticket drivers solely for this violation.
In cases of serious accidents, drivers may face more severe charges such as Vehicular Assault, a felony that can result in up to 7 years in prison for second-degree offenses. If a death occurs due to the driver's negligence, they could be charged with Criminally Negligent Homicide, punishable by up to 4 years in prison.
Other factors like leaving the scene of an accident, driving while intoxicated, or having a history of traffic violations can further increase the severity of charges and penalties.
Potential Punitive Damages
In addition to the above, a passenger could be awarded punitive damages if the defendant's conduct is deemed particularly egregious, willful, or reckless. Unlike compensatory damages, there isn't a limit on the amount of punitive damages you can receive.
Punitive damages are rare, but have been awarded in crashes involving drunk driving, excessive speeding, intentional recklessness, or conduct that constitutes a serious crime.
In this example, Doherty's apparent disregard for safety by live streaming him on his phone while driving a high-performance luxury vehicle in dangerous weather conditions could potentially qualify for such consideration.
Protecting Passenger's Rights
This crash is a stark reminder of the dangers of distracted driving, especially as social media continues to intersect with real-world behaviors. We urge all drivers to prioritize safety over online engagement.
If you're a passenger injured in a New York car crash, you have the right to seek compensation.
Using a cell phone while driving, combined with other factors like speeding during hazardous weather, live streaming, and any history of reckless behavior could significantly strengthen your injury case and potentially lead to more severe legal consequences for the driver.
At Raphaelson & Levine, we have decades of experience advocating for car crash victims across New York. Whether negotiating with insurance companies or representing you in court, we aim to give our clients hope for a better future and the most effective legal advocacy in New York City and beyond.
If you have questions about passenger injury claims, or your legal options after a crash, call us today at (212) 268-3222 for a no-risk, free consultation.
