A passenger in a car accident may suffer injuries that require medical treatment and time off work. Unlike drivers, passengers are rarely at fault. This means they have the right to seek compensation from the responsible party.
Hasbrook & Hasbrook Personal Injury Lawyers help injured passengers file personal injury claims and recover damages. If another driver, the person driving your car, or another negligent party caused the crash, you may have legal options. A passenger injury claim may include compensation for medical expenses, lost wages, and pain and suffering.
Knowing who to sue and how to prove liability is not always simple. Multiple drivers may share fault in a two-car accident, or insurance companies may deny fair compensation. An experienced lawyer can help determine liability insurance coverage and fight for the maximum compensation available.
Passenger Rights in a Car Accident
Are Passengers Entitled to Compensation?
Passengers injured in a vehicle accident have the right to seek compensation from the at-fault party. This includes coverage for medical bills, lost income, and pain and suffering. Determining the extent of driver liability and prescription medication may also play a crucial role in the compensation process. If the injured party was prescribed medication as a result of the accident, the cost of these prescriptions may also be included in their claim. It’s important to gather all relevant documentation to support the case and ensure that all aspects of the injury are accounted for.
Common Causes of Passenger Injuries
- Reckless driving: Speeding, sudden stops, or aggressive maneuvers can cause serious injuries in a crash.
- Distracted driving: Using a phone or failing to pay attention increases accident risks.
- Drunk driving: A driver under the influence may lose control, putting passengers in a car at risk.
- Rear-end collisions: These accidents can cause whiplash and other injuries to passengers.
- Failure to yield: Running red lights or ignoring right-of-way laws can lead to dangerous crashes.
Who Can a Passenger Sue After a Car Accident?
An injured party in a car crash can file a third-party claim against the negligent party responsible for the accident.
Filing a Claim Against the At-Fault Driver
Passengers can file a personal injury claim against the driver who caused the accident. This could be the driver of the car they were in or the other driver in a two-car accident.
Suing Multiple Parties for a Passenger Injury
Some accidents involve multiple drivers who share fault. A third-party claim may be filed against each negligent party to cover damages. In such cases, it is crucial for each driver to understand their liability and the potential financial repercussions. The car accident deposition process explained can provide insights into how testimonies are gathered from involved parties to establish fault. This process can significantly impact the outcome of claims and the distribution of compensation among those affected.
Can a Passenger Sue a Family Member or Friend?
Passengers can file claims against a friend or family member’s liability insurance. This does not mean suing them personally. Instead, the driver’s insurance coverage would pay the claim.
Compensation Available for Injured Passengers
Medical Expenses and Rehabilitation Costs
An injured passenger may receive compensation for medical bills, rehabilitation, surgeries, and therapy. Health insurance and personal injury protection may also help cover costs.
Lost Wages and Future Earnings
If injuries prevent a passenger from working, they may be entitled to lost wages and future earnings through a personal injury lawsuit.
Pain and Suffering Damages
Compensation may also cover emotional distress, chronic pain, and reduced quality of life due to the accident.
How to File a Lawsuit as a Passenger
Steps to Take After a Car Accident
- Check for injuries: Seek medical help immediately. Personal health insurance may cover initial care.
- Document the accident scene: Take photos of the accident scene, vehicles involved, and injuries.
- Get contact information: Collect names, phone numbers, and insurance coverage details from all drivers involved.
- Report the accident: File a police report and notify your health insurance provider.
- Consult a lawyer: A car accident lawyer can help you understand your legal options.
Working with a Car Accident Lawyer
A lawyer can handle insurance claims, gather evidence, and ensure the injured party receives fair compensation. Hasbrook & Hasbrook Personal Injury Lawyers provides free consultations to review cases.
Challenges in Passenger Car Accident Claims
Dealing with Insurance Companies
One driver’s insurance company may deny responsibility or offer a low settlement. A lawyer can help negotiate for fair compensation.
Proving Liability in Complex Accidents
Some accidents involve multiple negligent parties. Establishing fault in passenger vehicle accidents requires strong evidence.
Statute of Limitations for Passenger Injury Lawsuits
How Long Do Passengers Have to File a Claim?
Oklahoma law limits the time to file a passenger injury claim. Generally, victims have two years from the date of the accident to file a personal injury lawsuit. Acting quickly ensures important evidence is preserved. In addition to the time constraint, understanding the complexities of passenger liability in car accidents can be crucial for a successful claim. Factors such as negligence and the roles of different parties involved can significantly impact the outcome of a case. Therefore, it’s advisable for victims to seek legal counsel to navigate these challenges effectively.
Passenger Vehicle Accidents FAQs
1. Can a passenger file a lawsuit against both drivers involved in a two-car accident?
Yes. If both drivers involved share fault, a passenger can file a third-party claim against each negligent party.
2. What if the at-fault driver does not have insurance?
Passengers can file a claim under uninsured motorist coverage if available on the policy of the driver they were riding with.
3. Does health insurance cover medical expenses after a passenger injury?
Yes. Personal health insurance may cover costs, but the injured passenger may still have a personal injury claim for additional damages.
4. Can a passenger be held at fault for an accident?
In most cases, passengers are not responsible. However, if a passenger distracted the driver or interfered, their compensation may be reduced.
5. What if the accident happened in a rideshare vehicle?
Passengers in a rideshare vehicle accident can file claims against the rideshare company’s liability insurance or the at-fault party’s insurance.
Call Our Oklahoma Car Accident Lawyer for a Free Case Consultation
If you were a passenger in a car accident, you have legal rights. You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Filing a passenger injury claim can be complicated, especially when dealing with insurance coverage disputes.
Hasbrook & Hasbrook Personal Injury Lawyers has years of experience handling car accident cases. Our legal team fights for the maximum compensation available under Oklahoma law. We handle insurance claims, personal injury protection claims, and liability insurance disputes on your behalf. Whether you’re dealing with a car accident or a motorcycle incident, our dedicated attorneys are here to assist you every step of the way. If you need to find a motorcycle accident attorney, we can provide the necessary expertise to support your claim and ensure you receive the compensation you deserve. Your recovery is our priority, and we are committed to advocating for your rights zealously.
We offer a free consultation to discuss your case. Call us today to speak with an experienced Oklahoma car accident lawyer and learn how we can help you recover. Our team is well-versed in the complexities of court requirements after car accidents, ensuring that you meet all necessary legal obligations. We will guide you through every step of the process, from filing claims to attending court proceedings, so you can focus on your recovery. Don’t navigate this challenging time alone; reach out for the support and expertise you deserve.
