What Rights Do I Have as a Passenger in a Car Accident?

We all hope we’ll never experience the trauma of a car accident. However, as thousands of passengers discover each year, being in the wrong place at the wrong time can change your life in an instant.

If you’ve been hurt through no cause of your own while riding as a passenger, it’s critical that you understand your legal rights and recourse. This article outlines what protections are afforded to passengers and the critical steps you should take if injured in a collision.

How Do You Proceed After a Car Accident?

It’s critical to maintain composure and adhere to protocol following a car collision. Do not pursue the other driver, even if they leave the scene. Rather, remain where you are and take in as much pertinent data as you can. Make quick contact with emergency services to report the occurrence and ask for any necessary medical help for anyone who has been hurt.

While awaiting the arrival of authorities, document the accident scene meticulously. Capture photographs of the vehicles involved, showcasing any visible damage. Note down essential details such as license plate numbers and driver’s license information. 

And while you still remember the events, write down your own version of what happened. For future reference, note the names and badge numbers of any responding law enforcement officials.

According to TorHoerman Law, it is advisable to refrain from discussing fault or assigning blame to anyone at the scene. Save these discussions for when you speak with your insurance company or attorney later.

Immediately seek medical assistance if you were injured in the accident. Get evaluated and treated, and keep records of all related medical bills and care.

It might be advisable to consult with a car accident lawyer right away. If you need to take legal steps, they may advocate for your interests and help you navigate the system of justice.

Take the example of the recent tragic incident in St. Louis, where a mother and her two young daughters lost their lives in a fiery crash on northbound I-270. 

A truck transporting timber halted on the inside shoulder of the ramp from I-55 to I-270 at approximately eight in the morning, according to the Missouri State Highway Patrol, because the load wasn’t securely fastened. In such cases, an experienced St. Louis car accident attorney can help victims navigate the complex legal system and represent their interests in court.

Know Your Legal Rights As a Passenger

Filing a Claim for Accidents Involving Passengers

Passengers involved in car accidents may be able to file a claim against the driver determined to be at fault. This could be the driver of the vehicle the passenger was riding in or the driver of another vehicle involved in the collision. Establishing responsibility for the accident is key, and evidence such as police reports, eyewitness accounts, and accident reconstruction can support determining fault.

In most jurisdictions, the driver found primarily responsible for an accident will be liable to pay for damages incurred by other drivers, passengers, and anyone else injured. Losses may include vehicle repairs, medical bills, lost wages, and pain and suffering. Some states follow a no-fault or hybrid system of insurance, where losses are covered by one’s own insurance regardless of fault.

On occasion, an accident may involve shared or partial fault between drivers. Many states apply comparative negligence standards that allocate a percentage of liability to each party according to their part in producing the accident. 

Damages are paid according to each driver’s assessed percentage of liability. A few jurisdictions still use contributory negligence, which bars any claim if a driver is found to be even 1% at fault.

The question of who was at fault will arise when speaking to insurance adjusters after an accident. This issue will also come up during negotiations to settle car accident claims and in court if a lawsuit is filed by an injured driver or passenger.

Pursuing Multiple Sources of Compensation

An injured passenger has the option to seek compensation from more than one potentially liable party after a car accident. They can submit claims to all applicable insurance policies and allow the insurers to determine fault between the involved drivers.

Submitting claims to multiple associated sources may be advisable if a single insurance policy does not fully cover the costs of the claimant’s injuries and damages. By making additional claims through other applicable policies, the claimant can aim to obtain complete reparations.

However, the compensation received cannot exceed the actual value of the claim. If one insurer provides payment to sufficiently resolve the claim, additional amounts collected from other insurers beyond what is needed for full claim settlement would constitute an impermissible double recovery.

The goal of pursuing multiple claims is to allow insurers to determine the allocation of fault among the involved parties. This approach also enables the claimant to seek the full extent of compensation warranted. However, claimants cannot profit through redundant, duplicative payouts that exceed their reimbursable losses and expenses.

Considering Litigation for Car Accident Injuries

Before pursuing legal action, an injured party should first explore the insurance claims process fully. If fair compensation for all damages can be obtained through negotiations with the at-fault party’s insurer, then litigation may not be necessary.

Keep in mind insurers often make initial settlement offers that are lower than their maximum willingness to pay. However, considering a lawsuit against the liable driver directly may be prudent if the insurance payout would still not fully cover all damages, such as pain and suffering.

Should final settlement payments from the insurer remain unsatisfactory compared to a claimant’s injuries and costs, pursuing litigation may warrant examination. Factors like injury severity and the margin between insurer offers and total damages claimed influence this decision.

Potential downsides also merit realistic assessment. Lengthy legal proceedings consume significant time and effort, and outcomes remain uncertain. While litigation provides an opportunity to pursue desired compensation via verdict or case-driven settlement, dissatisfaction with the end result is possible.

Claimants must carefully weigh whether insurance negotiations have been exhausted versus the risks and tradeoffs of a lawsuit. With nuanced considerations on both sides, this significant decision demands prudent analysis of an individual’s specific circumstances and claim.

FAQs

1. What responsibilities do passengers have while in a vehicle?

A: Passengers are not completely relieved of responsibility for their own safety. They should remain alert to potential dangers or unsafe driving behaviors. It is the passenger’s responsibility to request that the driver stop and, if required, get out of the car if they are speeding or driving carelessly.

2. Who is liable for the car and its passengers?

A: The driver has a duty of care towards their passengers, meaning they must drive safely to avoid causing harm. In the event that the driver’s negligence causes harm to a passenger, the driver may be held legally responsible for such injuries.

3. What does passenger cover in car insurance entail?

A: Passenger cover in car insurance provides financial protection for passengers in the insured vehicle. While personal accident coverage for the owner-driver is mandatory, including coverage for passengers is optional.

As a passenger, you have little control over other drivers’ safety while driving. If you are harmed for no fault of your own, you are legally entitled to compensation. To ensure just remedies, weigh all available choices, including filing a lawsuit or claiming insurance.

With patience and guidance from professionals, injured passengers can find justice and closure after experiencing automobile tragedies beyond their control. Your health, well-being, and financial security deserve diligent legal protection.