Were you the passenger in a car during a crash? When car accidents happen, the drivers are not always the only ones involved. Sometimes, people in the surrounding area might get caught in the disaster too, such as people from other vehicles, pedestrians, and, of course, passengers in the cars involved in the accident.

Being a passenger in a car means that you trust someone else for your safety. You trust them to drive you to the destination without any problems.

But there is always a possibility of unwanted scenarios. The road can be unpredictable, and even if your driver respects all the driving laws, someone else might not, and this might cause them to crash into your vehicle and injure you.

What can you do as a passenger if you are involved in a car accident? Can you sue the drivers? Let’s find out.

Help you obtain compensation

You can use a driver when you are a passenger in a car accident. This could be a driver working for transportation services, a friend or a family member. If you know you are not responsible for your injuries in any way, then suing the driver can help you obtain compensation.

Oregon had a total of 38,141 motor vehicle crashes back in 2020. 27,998 people got injured in them, with many having to seek compensation. Some of them were passengers, and they reached out to a car accident lawyer to recover their losses. Many were successful thanks to their attorney.

What Insurances Cover a Passenger’s Injuries in Car Crashes?

When you want to sue a driver for causing your injuries as a passenger, you must know all the different types of insurance that may be involved in the personal injury case. Here are the insurances that can cover your injuries following a car accident:

Personal Health Insurance

When you suffer injuries because of a driver’s negligence, then their insurance should cover all the costs you had to deal with related to the incident. If the insurance can cover the costs and you also have personal health insurance, your health insurance will help you pay for the medical care initially. If you win in court or get a settlement, your health insurance will be reimbursed for the amount you get.

Third-Party Claims

Third-party claims involve making a claim against another individual’s insurance policy. If your driver was the one causing the car crash, then you will be able to file a claim against his or her policy. If your driver and the driver of another vehicle are both responsible for the injury, then you can file a claim against both.

At the same time, you should know that if one party’s insurance is able to cover all your injuries, you will only be able to recover compensation from one driver’s insurance.

Personal Injury Lawsuit Criteria for Success

First things first, you will need to hire an experienced personal injury lawyer to help you with your case. Secondly, this attorney should meet certain criteria to help you win and claim compensation.

These criteria are outlined below.

Duty of Care Proof

Your lawyer will try to prove that the driver was negligent, which is the reason why you got injured. But to be able to prove this, your attorney will also have to prove that you were owed a duty of care by someone involved in this incident. Basically, this person was responsible for ensuring your safety.

People who owe you a duty of care are:

The driver of the car you were a passenger in
Pedestrians who cross the road
Other drivers on the road
Transportation companies

It’s critical to prove duty of care because unless someone is directly responsible for your safety, they have no obligation to keep you safe. Therefore, it would be hard to win a personal injury case this way.

Proving That You Were Seriously Injured

Obviously, your attorney will also have to prove that you were injured in this accident. Not only that but he or she must prove that the driver breached the duty of care, which is the reason behind your severe injuries.

An experienced attorney will investigate everyone in the accident, including you, the drivers involved, as well as the vehicles that took part in the accident.

To win your case, it must be proven that the driver alone caused your injuries, and you didn’t do anything to provoke the situation. For instance, if you distracted the driver and they crashed into something as a result, then it could be established that you caused your own injuries and are fully responsible for them.

The Guilty Driver is a Family Member – What Happens?

Sometimes, the driver may be someone the victim passenger knows. They may be a family member, and even if you got badly injured during the ordeal, you are probably hesitant to sue them. Not only your fear that you may not be compensated but also that this might ruin your relationship.

You should not be reluctant to sue the driver just because you are family. This person still affected your life and probably forced you to pay for medical care or therapy, as well as deal with the loss of income and other things.

If your family member has insurance, there’s no need to worry. Their insurance company will pay you for everything, so the driver will not have to pay a penny. Filing a claim against your family member would only be a bad idea if they did not have valid insurance.

What Damages You May Get Compensation for

As a passenger who had to suffer due to the car accident, you have the right to compensation for certain damages, including:

Care costs
Loss of income
Medical expenses (including doctor visits, medication, therapy, treatment, and mobility equipment)
Loss of companionship and consortium
Home renovation costs for paralysis
Damages for physical injuries, as well as pain and suffering

You can sue if you’re a passenger in a car accident. Make sure you were not responsible for the accident in the slightest and that you hire a good personal injury lawyer to help you out.

The number of injured individuals from motor vehicle crashes in the United States was 2.74 million in 2019. This figure is higher than the previous year’s total by around 30,000.

Understanding Passenger Rights in Car Accidents

The National Association of Insurance Commissioners reported that the claim severity for private passenger auto insurance losses in 2020 was $20,235 for bodily injury and $4,711 for property damage.

You may have a relative or loved one incarcerated for a crime or violation related to a vehicular accident. Read this article for more information about incarceration in the United States.

In what circumstances can you file an injury claim as a passenger in a car accident? In what ways can an attorney help you with such claims?

This article tackles the various ways you can seek compensation when you are in a car accident as a passenger, depending on the circumstances. This article also explains what can happen if the passenger is responsible for causing an accident.

Filing Injury Claims as a Passenger in a Car Accident

If you are a passenger in a vehicular accident and get injured, you can file a claim against the individual or individuals responsible for the accident.

In some states, state law can permit you to hold the driver at fault accountable, whether you are riding someone else’s car or using rideshare. Depending on state or provincial law, and the specifics of the accident, you may seek compensation from the following parties:

The driver of the vehicle you rode: Drivers are responsible for keeping their passengers safe from harm. Thus, the individuals behind the wheel must drive with care while on the road.

If a vehicular accident occurs and the passenger sustains any injuries, the driver can be held liable for the damages.

The Passenger in a Car – When Others Are At Fault

Other drivers at fault: Just as drivers must keep their passengers safe, individuals behind the wheel must also keep other motorists safe from harm.

However, some drivers ignore that duty of care and perform negligent acts while on the road. These acts include drunk driving, speeding, distracted driving, reckless driving, and driving under the influence (DUI).

In these cases, if the driver of another vehicle causes an accident that gets you injured, you can file a claim against them.

Third parties: Sometimes, neither the driver of the vehicle you are riding nor another motorist is entirely responsible for the accident. In such situations, a third party can be at fault for the accident.

For example, a factory defect causes the vehicle to crash, which the driver can avoid if there is no defect. In this case, the manufacturers can face a product liability lawsuit.

In some circumstances, concerned individuals can sue a government agency for a hazardous road design or condition that causes an accident.

What Can Happen When the Passenger Causes the Accident

There are instances when the passenger can potentially contribute to an accident. In these cases, making an injury claim can become complicated.

Because drivers are ultimately responsible for any accident they cause while driving, they must take necessary measures to prevent such crashes. These measures include addressing the passenger’s concerns, ignoring the passenger, or stopping the vehicle.

Suppose the passenger asks the driver to pull the car over to the side of the road. Should the driver determine by a sound judgment that doing so is unsafe or illegal, they can ignore the passenger’s request and pull over elsewhere.

The driver can be held liable

If the driver does not take such preventive measures and an accident happens, the driver can be held liable.

Determining the degree to which the passenger contributed to the accident can be challenging. For instance, if the driver takes their eyes off the road because the passenger started conversing, resulting in an accident, the driver can still be at fault.

If the passenger attacks the driver or reaches and grabs the steering wheel all of a sudden, causing the driver to lose control of the vehicle, the passenger can be liable for the accident.

Determining whether a passenger contributed to an accident can depend on state law/provincial law and the circumstances surrounding the accident. In these situations, individuals filing a claim must seek the help of an experienced lawyer.

How a Lawyer Can Help With Car Accident Injury Claims

Every case involving vehicle accidents and injury claims is unique. Determining the party at fault or whether the claim gets approved or rejected requires thoroughly analyzing the accident’s circumstances.

Because of potentially complex factors or circumstances involved in a car crash, filing a vehicle accident claim is not always straightforward.

Your best action is to consult with an experienced attorney dealing with vehicle-related accidents. Working with an attorney can help ensure that your claim has the best possible chance of success.

When filing a claim, note that states have a statute of limitations regarding lawsuits, such as those for vehicle accidents.

A statute of limitations is a legislative piece restricting the time you can bring legal proceedings to court. States typically set this time restriction to a fixed period after the events leading to the cause of action occur.

Various states enact such statutes to protect individuals or entities against claims made after the cases have become stale, evidence has been lost, witnesses have disappeared, or memories have faded. If you file a case beyond the time allowed by the statute, the court will no longer accept your lawsuit.

Being a Passenger in a Car Conclusion

California has a limit between two to six years, depending on whether the crime is a civil case or felony. Meanwhile, the time restriction in Connecticut is between three and 30 years. However, in Kentucky, civil cases have a period of 5 to 10 years, while felonies have no time limit.

Consult an experienced attorney to help file your car accident claim on time and provide helpful information regarding your state’s statute of limitations.

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Can You Sue if You Are a Passenger in a Car Accident?