Posted in: Automotive

Who is Liable if a Passenger is Injured in a Serious Car Accident?

Serious Car Accident

If you are a passenger who has been injured in a vehicle crash, you may wonder whether passengers get any form of compensation for the damages they have incurred. It will all depend on the state laws of the area you are in. When you know who covers the compensation and the place to file your claims, you will be in a better position to get the funds needed to deal with your injuries and other damages sustained. If you were the injured passenger as a result of a car accident and need to get the maximum compensation that is rightfully yours, hire a professional and knowledgeable Dallas car accident lawyer at Angel Reyes & Associates.

After a car crash, the investigators must determine who is liable. The liable party may also be responsible for covering any damages and injuries that result from the accident. In the majority of car accidents, the driver is usually responsible for the passengers and the injuries they have sustained. However, car crashes differ in that, sometimes the two drivers may be liable for the incident and share the fault. In such a scenario, the passenger can get compensation from both drivers.

Sometimes crashes may involve only one vehicle if the driver hits an inanimate object. In this case, the investigators may find the driver liable. The awards the passenger will get may include the cost of medical expenses, lost wages, and compensation for pain and suffering.

If there is a car crash that involves multiple vehicles, the investigators may find one or more vehicles liable for the incident. Drivers in some states may hold liability in different percentages. For instance, investigators may find one driver 70% liable and the other 30% liable. In such a scenario, the passengers can receive the compensation award from the two drivers based on each driver’s percentage of fault.

Some states are no-fault states. If a crash occurs in such states, the passengers are only allowed to file a claim with their driver’s insurance policy. However, exceptions can be made.

If you are a passenger being driven by a family member and you sustained injuries, you will not be able to file any claim with their insurance policy. Many states see married couples as one entity. Moreover, many insurance companies have put clauses in place that do not allow relatives living in one home to file claims with the driver’s insurance after the crash. This measure prevents fraud. For instance, if a spouse is allowed to file a claim against their partner, they may collaborate to get money from their insurance policy.

Conclusion

If you are a passenger who has been involved in a car crash and has sustained injuries, you should look for an experienced, knowledgeable, and skilled attorney to ensure your rights are protected. Passengers can get compensation from the liable party who may be their driver, the other driver, or multiple drivers. If you are a driver who has had a crash, you should also reach out to an attorney. There are many personal injury claims that can accumulate against you within a short time, and you will need legal representation after the crash. Moreover, you may need professional help in filing a claim against the other driver if the incident happened because of their negligence.

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