A rideshare driver is often held responsible for its passengers. However, this statement holds two varied legal theories in terms of an automobile driver. There are few states that implement automobile guest rulings. These rulings are for prohibiting the car passengers from suing the carpool driver for injuries suffered in any kind of accident. The guest acts apply only to those passengers who are not paying. Hence, such guest rulings do not apply over those passengers who are traveling in a bus or a taxi or any other public transit.

There are also some legal rules for the non-guest passengers. Under such laws the passengers who are paying for the rideshare program or common public transportation are covered. In some specific circumstances the usual carrier can ignore liability. This but in most cases is there since they hold a duty towards the safety of its passengers. It should be noted that there is no literal rule for the automobile passengers in a carpool or rideshare arrangement. The ridesharing program holds passengers that are considered to be the automobile guests. They are also the paying passengers.

The passenger status is usually decided by the courts only after analyzing the circumstances of each case. This judgment includes various other factors also for making a carpool passenger as a guest passenger. One such factor is the purpose of arrangement of carpool. As per the judgment of the courts, if the basic aim behind having the carpool is social. Or if the driver wishes to help the passenger, then in that case the passenger can be regarded to be a guest passenger. Although, if the purpose of rideshare program is the material gain of the parties, then the passengers riding through cannot be regarded as guest passengers.

The other factor that decides the passenger category is the enforceable agreement. The court judgment is taken after the existence of a formal agreement for carpool transportation as a factor. This helps in deciding whether the carpool passenger riding in such program falls under the category of a guest and guest statutes or not. However, the courts are not able to give a decision whether the implemented contract between the parties is vital. This is to restrict the passengers from suing the driver of the carpool program.

The other factor for understanding the liability of a rideshare driver is the compensation. Usually, when a passenger agrees to pay a monetary fee, the rules for a guest does not apply on that passenger. Nonetheless, the fee that is paid by the passenger should not be in the form of cash or its equivalent. In order to pay the compensation and make a passenger fall under the category of non-guest, a mutual transportation is the most perfect fee. Another factor is the relationship between the parties. If there is a close relationship between the parties besides the carpool program, depicts that the passenger is a guest.