Can You Sue If You Were A Passenger In The Vehicle?
Getting involved in an accident could be very difficult. It could be especially more difficult to determine whether you could or could not get compensated for your injuries. We know as a general rule that drivers of vehicles could get compensated for their injuries caused by another negligent party. But, would other passengers in the car also get compensated from the negligent party?
If you were involved in an accident while you were a passenger, you may be able to file a lawsuit, also known as a personal injury action, against the negligent party. If you have suffered any type of damage, whether that damage was lost wages, property damage, or have medical bills, you may be able to hold the negligent party responsible for your damages.
Call our experienced car accident attorneys today to see how we can help you hold the negligent party responsible, even if you were the passenger in the vehicle at the time of the accident. Whether you were in the negligent party’s car, or the victim’s car, you may still be able to hold the driver responsible. For more information regarding your specific accident case, we highly encourage you to speak to one of our top-rated car accident attorneys for more information. Our highly rated legal team is on standby and available to help you at any time. We also offer free consultations and are available online and via phone for any questions or concerns you may have regarding your passenger car accident lawsuit.
Can a passenger sue the driver of the vehicle?
The short answer is yes, in California you have the right to file a lawsuit against the driver even if you were a passenger in the vehicle at the time of the car accident. But the steps that you take to file the lawsuit are very important. There are specific elements that you must have to prove in order to recover from a car accident lawsuit. If you fail to prove those elements, then you may lose your case against the negligent party. That is why having a car accident attorney that has dealt with such instances in the past will help ease the process.
How much money could I receive as a passenger in a car accident?
This depends on a variety of circumstances, and the factors that usually determine the amount of damages you could receive are:
- The severity of the injuries
- The liability of the driver
- The parties responsible for the accident
- Where the accident occurred
What kind of damages could I recover as a passenger in a lawsuit?
The damages you can recover may include:
- Your lost wages from the time you spent out of work while healing from your injuries
- Your medical bills and receipts
- Your future required Medical Care
- Your future lost wages if you are unable to return back to work
- Medical bills regarding long-term effects of the injuries
- Emotional suffering
- Property damage if you had any personal belongings damaged during the accident
Usually, there are other types of damages depending on each person’s experience. Above are just some of the most common types of compensation.
Can I sue both drivers as a passenger in a car accident?
As a passenger, you could file a lawsuit against the driver of the vehicle you are in, and the driver of the other car if they were negligent. You could file a lawsuit against all parties that were negligent.
It is important to remember that whoever you file a lawsuit against, you have to meet all the negligence requirements. In order to prove negligence, you must have to show:
- The driver had a duty to drive in a reasonably safe manner
- The driver failed to drive in a reasonably safe manner, and instead engaged in other negligent behavior such as texting while driving, or driving under the influence of alcohol and / or drugs
- Because the driver failed to follow this duty, they caused the accident
- The accident lead to severe damages
You must be able to show that all of these four elements have been met against the party who you are filing a lawsuit against. Once you have met all these four elements, you will then be able to prove that you have a right to compensation.
Will I be responsible for the lawsuit if I was a passenger in the vehicle?
If you were a passenger in the vehicle at the time of the accident, you most likely will not be responsible for causing the accident. Usually, the responsibility lies in the driver of the vehicle at the time of the accident.
What should I not do if I’m a passenger in a car accident?
If you were a passenger in a car accident, then we encourage you to speak to a car accident attorney right away to review your rights and responsibilities. There are several things that you should refrain from doing, including:
- Speaking to insurance adjusters. We recommend that you speak to our attorneys prior to speaking to an insurance adjuster. Insurance adjusters will try to call you to understand what happened during the accident. There are questions that could possibly place the responsibility on you.
- Do not post on social media. Recently, there has been a surge of parties using social media posts against victims and using it to show that injuries may not have been permanent.
What should I do if I was a passenger in a car accident?
- If you were a passenger in a car accident, we recommend that you see a medical provider immediately after the accident. Although it may seem like the driver may have sustained severe injuries, you still have the right to get evaluated by a medical professional if you have experienced a car accident. Many passengers are afraid of getting the medical care they deserve since they may be worried that they could not file a lawsuit themselves.
- Make sure you take down all the information involving the accident, such as where the accident occurred, and who the parties were involved. If you can, take pictures of the accident scene.
- Speak to a highly qualified car accident attorney. When choosing an attorney, make sure that your attorney has experience representing other car accident victims in the past. Always make sure that you speak to your attorney to get an idea as to how long your case may take, and what is required of you.
As a passenger, it can be very difficult to determine who you can or cannot sue, and the damages you could recover. Although you could recover damages, it also differs depending on the circumstances of the case. We recommend that you speak to our highly-qualified car accident attorneys today for more information, and to see what legal strategy our attorneys could take to make sure that you get the compensation you deserve. We are on your side every step of the way, and we’ll be working hard to make sure that you get the legal assistance you need.