The Most Dangerous U.S. States For Passengers

For their own safety, all passengers depend on the drivers of the vehicle in which they’re traveling, the conduct of the drivers of other vehicles, and the conditions of the road environment. Yet passengers in some U.S. states face disproportionate levels of risk.

This analysis from car accident lawyers at Sweet James focuses on 29,319 passenger deaths between 2020 and 2024 to identify differences between states in passenger fatality rates.

The study, which uses 2020-2024 NHTSA records (combined with Census population data), includes a Passenger Risk Index, which combines the passenger death rate with six overlapping key contributory factors.

And it asks the uncomfortable question: what happens when someone you know causes a crash? 

The States With a High Passenger Fatality Burden

When it comes to passenger risk, the difference between the top- and bottom-ranking states is striking.

At the top of the ranking is Mississippi with the highest Passenger Risk Index score (82.95), which features an annual passenger fatality rate of 4.15 deaths per 100,000 residents. That’s 2.37 times the national five-year rate (1.75).

Wyoming ranks second (81.10), followed by New Mexico (78.04), Montana (77.43), and South Carolina (62.66). Six of the ten highest-scoring states are in the South; three are Mountain states.

Highest and lowest state scores, 2020-2024

At the other end of the index, Massachusetts features the lowest score of all states (1.95), followed by Hawaii (3.08) and New York (5.29). The District of Columbia (reported separately) features a score of 1.49.

(Note: there’s a key difference between the raw passenger death rate and the index score. The index incorporates numerous factors on a scale of 0 to 100. The rate measures annual passenger deaths per 100,000 residents.)

The national passenger fatality rate rose from 1.73 per 100,000 residents in 2020 to 1.89 in 2021, then fell to 1.81 in 2022, 1.74 in 2023, and 1.59 in 2024. That represents a 7.7% decline between 2020 and 2024, and an 8.6% fall between 2023 and 2024.

Despite this overall trend, passenger death rates increased in 20 states. Arizona’s rate increased 31.8%, Nevada’s 31.4%, Washington’s 30.8%, and Minnesota’s 30.1%. Nebraska saw a 58.1% increase, from 1.32 to 2.09 deaths per 100,000 residents.

Those percentage changes should be interpreted with a clear focus on the underlying number of deaths, especially in smaller states where a small change can mean a large percentage shift.

California offers a good example of a large-state result: it ranks 34th on the index, with a five-year annual passenger fatality rate of 1.49. Its rate declined 4.1% (from 1.40 in 2020 to 1.34 in 2024). 

Fatalities represent only part of the broader toll of crashes. NHTSA estimates that 1,908,301 passenger-vehicle occupants were injured in 2024. That figure includes both drivers and passengers; the state rankings in this study specifically measure passenger fatalities.

Ultimately, the figures represent a geographic pattern in recorded passenger deaths as opposed to a simple national story that relates a uniform increase or decrease in passenger risk.

Passenger Share of All Traffic Deaths

We see a different picture when we look at the share of all traffic deaths accounted for by passengers. This measure compares passenger deaths with the total number of traffic deaths in each state.

By this measure, Alaska has the highest passenger share, at 19.02% of all traffic deaths between 2020 and 2024. Utah follows at 16.98%, with Idaho (16.71%), Wyoming (16.56%), and Mississippi (16.50%) close behind.

Top 10 states by proportion of passenger traffic deaths, 2020-2024

The two different measures of passenger deaths answer different questions. So, while Alaska leads the passenger-share ranking, the state ranks just 26th on the Passenger Risk Index. A high proportion of passenger deaths doesn’t necessarily equate to a state having the highest passenger death rate per resident.

In 68.8% of passenger deaths, the driver of the passenger’s vehicle survived. The survival status of the driver was unknown (or unavailable) in 1.3% of cases. This doesn’t confirm that the surviving driver caused the crash: it establishes the driver’s recorded survival status in crashes in which the passenger died.

Recurring Factors

The data features numerous recurring factors.

Speeding was recorded for the passenger’s own vehicle in 28.3% of passenger deaths. An estimated 24.2% of all passenger deaths involved a passenger whose own driver had a blood alcohol concentration (BAC) of at least 0.08%.

Reported distraction was recorded for the passenger’s own driver in 7.5% of passenger deaths. However, distraction can be a difficult factor to establish after a fatal crash, so this figure should be treated as recorded involvement as opposed to a complete measure of distraction.

Nighttime crashes, defined as those occurring from 6 p.m. through 5:59 a.m., accounted for just over half (51.7%) of passenger deaths. In 17.0% of passenger deaths, the driver of the vehicle carrying the passenger was between 15 and 20 years old. Among passengers killed whose restraint status was known, 49.4% were unrestrained. Restraint status was unknown for 12.1% of all passengers killed.

In terms of age groups, passengers under 18 accounted for 20.2% of passenger deaths, while those aged between 18 and 24 accounted for 19.6%, and people aged 65 and older represented 18.5%.

Women and girls accounted for 51.4% of passenger deaths, while men and boys accounted for 48.4%. The remaining 0.2% had other or unknown recorded sex. These figures describe the distribution of recorded passenger fatalities; they do not establish whether female or male passengers face a higher risk per trip.

Passengers who were seated in the second or third row of a vehicle represented 30.5% of passenger deaths. Again, there isn’t enough applicable data to allow a definitive interpretation of the probability of survival in one seating position compared to another.

Single-vehicle crashes accounted for 40.7% of passenger deaths; multiple-vehicle crashes accounted for the rest (59.3%).

Overall, the findings should be taken as a series of overlapping circumstances as opposed to a list of independent causes.

The Emotional and Financial Pressures Behind a Claim

When a passenger is injured in a crash that involves someone they know, pursuing a compensation claim can be more complicated than resolving the question of what the law allows.

A passenger may have a personal relationship with the driver; they may also be worried about causing the driver financial hardship, be unsure about insurance, and be wary of damaging a strong personal relationship due to a legal wrangle.

The reviewed research does not establish a reliable U.S. national percentage of crash lawsuits withdrawn because of guilt about pursuing someone the passenger knows. A claim that ends without payment does not establish why it ended.

There is a suggestion that insurance claims can be stressful, as an Australian study from January 2026 shows. The study closely considered 503 Australian workers’ compensation claimants who had already reported negative mental-health effects during a claim. Within that sample, a poor interaction with an insurer was associated with 5.22 times the odds of a consistently negative claim experience. Similarly, a delay in approval was associated with 4.12 times the odds of a consistently negative claim experience, not proof that litigation causes mental illness.

The financial stakes can also be a significant factor. In 2024, the average bodily injury liability claim severity was $28,278 (compared with $26,178 in 2023). The published figures represent an insurance loss measure that includes loss adjustment expenses (and shouldn’t be described as the typical passenger settlement or the amount a claimant receives). Compared with $20,769 in 2020, the figure represents a nominal rise by 2024 of 36.2%. 

Overall, the study data suggest that the emotional issues that surround a claim are substantial, despite the research not fully establishing how often guilt causes passengers to stop pursuing legal claims.

For an individual passenger, there are other questions to answer: what insurance coverage applies, if household exclusions matter, what type of medical costs are involved, who may be legally responsible, and what documentation exists.

Insurance Claims, Civil Liability, and Traffic Charges

Insurance claims, civil lawsuits, and criminal cases all follow separate legal processes.

A civil injury claim pursues compensation under applicable insurance coverage or through a civil legal remedy. Criminal charges are brought by the government. While filing a civil claim won’t automatically create criminal charges, evidence from the same crash may be relevant to a separate investigation.

The idea that a passenger may ‘sue the insurance company, not their friend’ is too broad to universally apply.

An insurer may pay a claim against an insured driver, but if a lawsuit is necessary, a driver can still be named as a defendant. This depends on the policy in question, the applicable state law, and the crash circumstances.

Coverage can also depend on the relationship between the passenger and driver.

For example, according to California’s consumer insurance guidance, liability coverage doesn’t include injuries to the insured or people in the insured’s household. This may not be the case for other forms of coverage. Medical-payments coverage may pay for medical expenses for a driver or passenger irrespective of fault, subject to the policy; uninsured or underinsured motorist coverage may be relevant if the at-fault driver lacks sufficient insurance. No-fault and personal-injury-protection arrangements vary from state to state.

Policy limits are also a factor. For example, California’s standard minimum bodily injury liability limits are $30,000 for one injured person and $60,000 for all injured people in one accident (the $60,000 figure in question covers the accident as a whole and isn’t a separate $60,000 allowance for every passenger). A driver may remain personally responsible for losses beyond available liability limits.

This becomes especially relevant regarding crashes that involve multiple injured passengers. Our analysis found that 19.1% of passenger deaths occurred in vehicles that featured at least two passenger deaths. That’s why multiple claimants may matter when an accident-wide policy limit is shared; yet this doesn’t establish either coverage or an individual claim’s value.

Traffic violations represent another distinction. A driver who committed a violation due to distraction, speeding, or the failure to wear a seatbelt may be relevant in a civil case, yet the treatment of that evidence varies by state. North Carolina generally won’t permit evidence of the non-use of a seatbelt in civil proceedings, while Florida allows a violation to be included as evidence of comparative negligence.

In 2024, the NHTSA recorded 3,208 deaths and 315,167 injuries from crashes due to distraction. This emphasizes the scale of the issue, as opposed to establishing criminal liability.

For someone considering a claim, documentation is vital, irrespective of whether the driver is a stranger or someone known to the potential claimant. Crash reports, photographs, witness information, medical records, and relevant insurance details can all be key during the assessment of the applicable coverage and legal options.

The Brands with the Most Safety Awards

Our research also provides a prevention-focused measure based on the 2026 Insurance Institute for Highway Safety (IIHS) awards.

(This isn’t a ranking of real-world passenger death rates: IIHS evaluates individual vehicles, and this analysis measures the scope of a manufacturer’s qualifying safety-award listings.)

At the research cutoff point (September 15, 2026), Mazda had nine Top Safety Pick+ listings, the largest number of all assessed brands. Audi and Hyundai each had seven Top Safety Pick+ listings and one Top Safety Pick listing, while Genesis and Kia each had five Top Safety Pick+ listings. Here are the top 10 brands.

Brands With the Most 2026 IIHS Safety Awards

• Brands are ranked first by Top Safety Pick+ listings, then by Top Safety Pick listings. Brands with equal counts in both categories retain tied ranks. Corporate groups are not combined.

(At the research cutoff point, the complete IIHS award list featured 53 Top Safety Pick+ listings and 17 Top Safety Pick listings.)

The ranking table is based on award-listing breadth as opposed to the size of a manufacturer’s vehicle range. Separate body styles and powertrains can be counted separately where IIHS lists them separately; the awards can include vehicles subject to build-date restrictions.

The 2026 award criteria are relevant to passengers. Both award levels demand a good rating in IIHS’s updated moderate-overlap front crash test, which rates the level of rear-seat protection. Top Safety Pick+ also requires stronger crash-avoidance performance.

An IIHS award doesn’t make it less necessary to use a restraint. The NHTSA continues to underscore the fact that airbags work with seat belts and recommends keeping children properly restrained in the back seat through age 12.

What This Means for Passengers

Combined, the research shows that passenger fatalities feature several distinct factors.

The first is the fatality burden. Of the 50 states, Mississippi, Wyoming, New Mexico, and Montana are at the top of the five-year Passenger Risk Index, while Massachusetts, Hawaii, and New York sit at the bottom.

The second is passenger deaths inside the vehicle. When it comes to most passenger fatalities, the passenger’s driver survives. Speeding, alcohol impairment, nighttime travel, and a failure to use a seatbelt are all recorded as being key contributory factors, although these overlap and can’t be treated as separate issues.

The third is what happens after a passenger is injured. The available evidence can’t provide a reliable national measure of the number of people who abandon claims due to guilt about pursuing someone they know who was responsible for a crash. Yet it can show that bodily injury claims can involve significant financial losses and that the exact insurance and legal position heavily depend on the policy and state law.

Finally, the research provides a practical prevention guide via the current IIHS safety awards. The awards identify vehicles that feature specific crashworthiness and crash-avoidance measures; that said, no claim can be made that a specific brand guarantees better passenger safety.

Measuring U.S. Passenger Risk

Passengers face varying levels of risk across the United States, but no particular state, vehicle, or circumstance determines what happens in an individual crash.

The data in this study show that the passenger fatality burden varies across states and recorded crash circumstances, while the legal and financial consequences following an injury depend on facts that national statistics can’t resolve.

For someone involved in a crash, knowing the driver personally may cause emotional difficulties, but it shouldn’t determine any outcomes. The applicable insurance policy, household relationship, state law, available evidence, and the nature of any injuries are all significant factors. And they are what need to be evaluated before any further decisions or options are explored.

At Sweet James Accident Attorneys, we help people through the challenges that follow a serious collision. We have over 25 years of experience helping injury victims, and our team understands how to deal with insurance companies and build strong claims for those who have been hurt through no fault of their own.

We offer free consultations so you can get the answers you need without added financial pressure, and you pay no fees unless we successfully resolve your case. Our team is committed to standing up to large insurance companies and advocating for the compensation you may be entitled to. We’re the real car accident lawyer and we get real results.

Methodology

Sweet James analyzed 2020–2024 NHTSA FARS records for passengers killed in cars and light trucks, including SUVs, pickups, and vans, across all 50 states and Washington, D.C. Each state’s passenger deaths and six overlapping subsets were divided by its summed annual Census populations to calculate annual rates per 100,000 residents.

Rates were scaled from 0 to 100 and weighted as follows: all passenger deaths 40%, own-vehicle speeding 15%, own-driver blood alcohol concentration of at least 0.08% 15%, unrestrained passengers 10%, nighttime deaths 10%, passengers with drivers ages 15–20 5%, and reported own-driver distraction 5%.

The study uses final FARS files for 2020–2023, and the 2024 Annual Report File, with BAC estimates averaged across NHTSA’s 10 imputations. Scores compare recorded fatality burden and do not measure risk per trip, personal relationships, or legal fault. Ranks and percentage changes were calculated before rounding.