COVID-19 Notice: We are providing FREE consultations via phone or video conferencing for your safety and convenience. Free Case Review

Article: What are my rights as a passenger in a car that has been in an accident?, Car Accidents

What are my rights as a passenger in a car that has been in an accident?

No one plans on being involved in an accident. They typically occur without warning and the results can be devastating. The majority of car accidents are fairly easy to resolve, but some can be more problematic and require the filing of a lawsuit. If you have been hurt in an accident while riding as a passenger in a car, you may be concerned about what rights you have. Below is an overview of how personal injury law can help you obtain compensation for your injuries.

What Is A Personal Injury Case?

Personal injury law gives those who are hurt in accidents caused by someone else, a way to seek compensation for their medical bills, lost wages and accident related expenses. Those who file this type of claim, must be able to prove their injuries were caused by the negligence of someone else and that their injuries are the direct result of the accident.

What If I Am Injured While Riding As A Passenger?

If you are injured while riding with another driver, you have an easier time with your personal injury claim in most cases. This is because you will not be required to prove who was at fault because one of the drivers will be assigned liability. You may be able to seek compensation for your injuries in the following instances:

  • Single Car Accidents

If you are hurt in a single car accident, the driver will be liable for your expenses and injuries in the vast majority of cases. However, there are instances in which exceptions may be made. If a driver strikes an animal that runs out in front of the car, they may not be considered negligent if an accident occurs.

  • Multi-Car Accidents

When you are hurt in a multi-car accident while riding as a passenger, it is most likely that one of the drivers will be held liable which will enable you to file a personal injury claim against them. It can be a bit more difficult if there are more than one driver at fault and the insurance companies cannot agree on how to settle the claim. These cases may take more time to resolve.

The Elements Of A Personal Injury Claim

Every personal injury claim must contain the following elements to be valid:

  • Duty

The driver or drivers involved in the accident had a duty to make reasonable decisions while driving to avoid an accident.

  • The Duty Was Breached

One of the drivers involved failed to take the steps necessary to avoid an accident and breached the duty .

  • Injury

You can prove that you were injured as a direct result of the accident.

  • Causation

The at fault party’s actions caused the accident and your injuries.

Types Of Damages Awarded

You may be able to receive damages for your accident related expenses and injuries if you are successful in your personal injury case. Some of the most common damages awarded to car accident victims include:

  • Lost Wages
  • Hospital Costs
  • Doctor Fees
  • Therapy Bills
  • Cost Of Medical Devices
  • Pain And Suffering
  • Emotional Distress
  • Cost Of Medical Devices

What Happens If I Cannot Go Back To Work?

If you sustained injuries that caused you to be disabled and unable to work, you may be able to obtain a settlement for future lost wages. This type of settlement is given to those who will lose money over the course of their career because they were hurt in the accident caused by someone else’s negligence. You may also obtain a partial future lost wages settlement if you can return to work but can no longer do the job you had before you were hurt and make less money.

Do I Need A Lawyer?

Being injured in an accident that leads to a personal injury case is a complex legal matter. For this reason, it is usually best to hire a personal injury lawyer to look out for your best interests. A lawyer can negotiate with the insurance company, speak with medical experts to prove your case and represent you in court if necessary.

Being hurt while riding as a passenger is never a pleasant experience, but there is help available. Contact a lawyer to learn if you have a valid claim and how to proceed filing a lawsuit so you can obtain a fair settlement for your injuries.

x FREE Case Review