A car accident a can result in serious injuries to a vehicle’s passengers. Passengers may be thrown through windows, crushed against dashboards or ceilings and much worse. As a result, whiplash, broken bones, and even fatalities are unfortunate consequences of car accidents. As a passenger in a car accident, you have the right to be compensated for your injuries, but from whom? This article explains who you can file a claim against if you have been injured as a passenger in a car accident.
Who can I sue?
Injured passengers are entitled to full compensation for any injuries they suffer from whoever is determined to be at fault for the car accident. If the driver of the other car is found to be at fault, then a claim can be filed against that person and his or her insurance company will be responsible for the damages. Similarly, if the driver of the car in which you where a passenger is responsible, then a claim can be filed against that person, and his or her insurance company will be responsible for the damages. Sometimes both drivers are found to be at fault and claims can be filed against both drivers proportionately.
Passengers are rarely found to share in any of the fault for car accidents unless it can be proven that they somehow contributed to the accident. For instance, if a passenger distracted the driver in such a way that caused the accident to occur, he or she may be held responsible. Similarly, a passenger on a motorbike might be found to be at fault if he or she did something to physically impede the driver’s ability to operate the bike safely.
What should I do after the accident?
Whether you are passenger or driver, there are certain things you should do after a car accident to protect your legal right to be compensated for your injuries:
1) Preserve as much evidence as possible;
2) Note the circumstances leading to the accident;
3) Take photos if you can;
4) Locate witnesses; and,
5) Be thoroughly checked out by a doctor.
Never assume that whomever was issued a ticket will ultimately be found to be at fault. The responsible party’s insurance company will always launch its own investigation of the incident and attempt to reduce or eliminate the driver’s share of fault. Taking these steps can preserve your ability to be reimbursed for your medical expenses, lost wages, and pain and suffering.
Passengers in car accidents have the right to be compensated for their medical expenses, lost wages, pain and suffering, by whomever is found to be at fault. This is true whether the driver of the car in which they were traveling, the other driver, or both are found to be at fault. If you have sustained injuries in car accident, it is imperative that you contact a personal injury attorney to assist you in preserving your right to compensation and filing a claim against the party (or parties) at fault.
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