there have been numerous halachic queries posted in various publications and websites of similar type cases,(where passenger was doing something which could get driver in trouble) Consistently, the driver has been found to be negligent as nobody forces a driver in their own car to give them a lift. The driver should have insisted that the passenger wear a belt or pulled over until the passenger got out or complied.A normal passenger, aside from the safety issue, if explained that the driver will be held responsible will listen. It might make for a sticky situation but the driver must be adamant. Hatzlacha
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