It’s important to know that drivers aren’t the only ones who can file personal injury claims after accidents. Our legal team is passionate about passenger rights when it comes to regaining just compensation for your injuries after an accident.
Whether you’re riding with a friend or family member or as a passenger of a rideshare, our lawyers at García Injury Law want you to know that any injuries you sustain on the road can be compensated by the person responsible.
Dangers for Passengers in Car Crashes
As a passenger in a car crash, you are at greater risk for certain injuries than the driver. Statistics from studies on seat position show that front-seat passengers are at an increased risk of death from accidents compared to drivers, while back-seat passengers have a greater chance of serious head trauma. These shocking facts mean that the driver, who would primarily be responsible for the accident, isn’t always the one who sustains the most severe injuries.
Who’s at Fault for a Car Accident When You’re the Passenger?
In most cases, one, both, or all the drivers of the vehicles that got into the accident will be responsible for the subsequent injuries. If two or more vehicles were involved in an accident, an investigation to determine who was primarily at fault will be conducted. Regardless of fault, you can file a car accident passenger personal injury claim against the person responsible.
What Are a Passenger’s Responsibilities?
While the driver of one or both vehicles is usually held responsible, in certain circumstances, a passenger may be considered liable for an accident. If the passenger was doing any other following, they may be deemed partially at fault for the accident:
- Behaving in a disorderly manner, such as arguing or insulting the driver
- Physically touching or bothering the driver
- Causing unnecessary and overt distractions
- Prompting the driver to make unsafe or irrational driving decisions, including speeding, road rage, or racing
- Trying to, or succeeding in, taking hold of the steering wheel
Any of these behaviors are dangerous not only to the occupants of the car but to anyone else on the road. As a passenger, you cannot be held fully responsible for the crash. However, Texas follows comparative negligence, which means that anyone involved in an accident can receive compensation through a personal injury claim if they were less than 51% responsible for the accident.
While this makes it easier to file a claim, it also means that the amount of money that you would receive in compensation is lowered by the percentage that your actions were responsible for the crash. If your actions as a passenger were part of what caused the accident to happen, your compensation could be drastically reduced.
Rights of a Passenger After a Vehicle Crash
As a passenger of a car accident, you can file a personal injury claim against the other driver, or even the driver of the car you were in, if they were found responsible.
To be able to gain your compensation, you will need proof that your injuries stemmed from the accident. This evidence can be gathered from several sources.
- Police reports can be considered evidence. Make sure that you receive a copy of the police report with both driver’s statements; you may be asked to give a statement, too.
- Medical bills outlining your physical injuries directly after the crash will give the insurance company a partial idea of how much you are owed.
- Witness statements are crucial to any personal injury claim. Even if your driver has already talked to bystanders, you can speak to anyone who saw the accident. Write down their name, phone number, address, and anything they may have seen or heard. Physical evidence, like videos or pictures, can also be helpful.
- Dashboard cameras from one or both vehicles can help you prove what happened.
Because the collection of evidence can take some time, it’s wise to hire a car accident attorney who is experienced in dealing with personal injury claims. As a passenger, you may be dealing with two or more different insurance companies battling over who pays who; our team of lawyers can help you navigate that situation and fight to secure the compensation you justly deserve.
In some passenger situations, it may be more difficult to regain compensation than others. As insurance companies are always trying to decrease costs, they will be on the lookout for anything that appears to be the passenger’s fault. They may be more hesitant to pay if your driver got into the crash because they were drunk, and you accepted a ride from them anyway, knowing their condition.
Our attorneys believe that in such cases, you aren’t responsible for your driver’s actions. We fight against insurance companies that attempt to deprive you of your rightful compensation.
Rideshare Passenger Considerations
If you were a passenger in a rideshare, then you may have other options available to you in order to receive compensation. Make sure you follow the above steps and gather the necessary information for your claim.
One crucial step that differs from above is this: file an accident report with the rideshare company you were using, so they have a record of the accident. Gaining access to a rideshare company’s insurance compensation can be tricky, so it’s best to have all the information you need.
What Compensation Can I Claim From an Accident as a Passenger?
Your injury compensation as a passenger will include:
- Medical bills from surgeries, recovery treatments, or medicine that you needed for your injuries
- Continuing care, such as surgeries and physical therapy
- Wages that were lost while you were healing; future wages that may be lost as you continue to heal, or if you need to change jobs
Like any other personal injury claim, it’s important to keep a close record of your bills and expenditures during the process. Our legal team is highly skilled at evaluating and projecting your compensation needs from the accident. We are at your side, guiding you through the whole process with compassion and dedication.
What If I Know the Person Who Was Driving?
Filing a personal injury claim against a driver you know or care about can appear to be an awkward situation. But remember, as the injured party, you are allowed — and deserve — to seek compensation for your injuries. It’s the driver’s insurance company that will be paying for your injuries, not your friend or family member. Our lawyers can help you through your individual, complex situation surrounding your accident.
Contact García Injury Law Today
Our team is made up of compassionate, experienced lawyers. We understand how frustrating it is to be involved in an accident that you weren’t responsible for. We believe that means that your medical bills should be the responsibility of the person at fault. Call García Injury Law today at 512-484-4487 or contact us online to get started.
