Yes. A passenger injured in an Oklahoma car accident can file a lawsuit against the at-fault driver, including the driver of the car they were riding in. Oklahoma law generally gives an injured person two years from the date of the crash to sue, and passengers are rarely found at fault for the accident that hurt them.
A passenger injured in a car accident has the right to seek compensation from the driver who caused the crash. Because passengers are almost never the ones who caused the accident, insurance companies have far less room to argue they share the blame. A passenger injury claim can include medical expenses, lost wages, and pain and suffering.
The car accident injury lawyers at Hasbrook & Hasbrook help injured passengers identify every driver who may be responsible and pursue the insurance coverage available under Oklahoma law. Sorting out who to sue, and proving fault, is not always simple when more than one driver shares blame or an insurance company disputes the claim.
Passenger Rights After a Car Accident
Passengers injured in a vehicle accident generally have the right to seek compensation from the at-fault party for medical bills, lost income, and pain and suffering. Unlike drivers, passengers rarely contributed to causing the crash, which usually makes liability easier to establish.
Common causes of passenger injuries include:
- Reckless driving: speeding, sudden stops, or aggressive maneuvers that cause a serious crash.
- Distracted driving: using a phone or otherwise failing to watch the road, which increases accident risk.
- Drunk driving: a driver under the influence who loses control of the vehicle.
- Rear-end collisions: sudden impacts that commonly cause whiplash and other passenger injuries.
- Failure to yield: running a red light or ignoring right-of-way rules.
Who Can a Passenger Sue After a Car Accident?
An injured passenger can file a claim against the driver who caused the crash, whether that is the driver of the car they were riding in or the driver of another vehicle involved. When a personal injury claim names more than one driver, each negligent driver’s insurance may share responsibility for the damages.
A passenger is not limited to suing a stranger. A passenger can bring a claim against a friend or family member who was driving, though in practice that claim is paid by the driver’s liability insurance rather than out of the driver’s own pocket.
Compensation Available to Injured Passengers
An injured passenger may recover compensation for medical bills, rehabilitation, and lost wages caused by time away from work. Health insurance or personal injury protection may cover some costs upfront, but a personal injury claim can pursue the rest, along with pain and suffering, emotional distress, and reduced quality of life. The amount available depends heavily on the facts of the crash and the injuries involved; see how much a car accident lawsuit may be worth for the factors that typically drive that number.
Challenges Passengers Face in a Car Accident Claim
Insurance companies sometimes deny responsibility or offer a low settlement, especially when more than one driver may share fault. A passenger can still recover even if they were partly at fault themselves: Oklahoma’s comparative negligence law bars recovery only when a person’s own fault for the crash exceeds 50 percent (23 O.S. § 13), so a passenger found only partly responsible, for example for distracting the driver, still recovers a proportionally reduced amount.
Proving fault in a multi-vehicle accident can also be difficult, particularly when the drivers involved dispute each other’s account of events. Talking with an attorney early lets evidence like police reports, photos, and witness statements get gathered while they are still available. For what comes after a claim is filed, see each stage of a car accident lawsuit and what happens if a car accident lawsuit does not succeed.
How Long Do Passengers Have to File a Claim?
Oklahoma law generally gives an injured person two years from the date of the accident to file a personal injury lawsuit (12 O.S. § 95). Waiting can also make it harder to preserve evidence, so acting quickly protects both the claim and its value. For more on what filing involves, see what it costs to file a personal injury lawsuit in Oklahoma.
Passenger Vehicle Accident FAQs
Can a passenger sue both drivers in a two-car accident?
Yes. If both drivers share fault, a passenger can bring a claim against each negligent driver.
What if the at-fault driver has no insurance?
A passenger may still recover through the uninsured motorist coverage on the policy of the driver they were riding with, if that coverage exists (36 O.S. § 3636).
Can a passenger be held at fault for the accident?
In most cases, no. But if a passenger distracted the driver or otherwise interfered, the claim can still move forward, with compensation reduced by that share of fault. See when a passenger can be partly blamed for a crash for how that gets decided.
What if the accident happened in a rideshare vehicle?
A rideshare passenger can generally file a claim against the rideshare company’s liability coverage or the at-fault driver’s insurance, depending on the circumstances of the crash.
Talk to an Oklahoma Car Accident Lawyer
If you were a passenger hurt in a car accident, Oklahoma law may entitle you to compensation for medical bills, lost wages, and pain and suffering, even though you were not driving. Filing a claim can mean dealing with more than one insurance company, especially when multiple drivers contributed to the crash.
Hasbrook & Hasbrook offers a free consultation to review your case and explain how a car accident lawsuit works from start to finish.
