Can Passengers Get Compensation for Car Accident Injuries?

Posted on behalf of Arnold Law Firm in
passenger injured in a crashWhen a car accident occurs, we typically think of the driver filing a claim and receiving compensation for injuries, but the driver of a vehicle is not the only one who may be harmed in an accident. Passengers can also suffer severe injuries. Passengers injured in car accidents may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Determining How to File a Claim

Auto insurance policies dedicate a portion of the coverage for claims of injured passengers. Typically, this coverage is low and may not be enough to cover your expenses. Personal injury protection (PIP) or medical payments (MedPay) provide payments to passengers for costs, and claims may be filed with the insurance of the driver of the car you were riding in, regardless of who was at fault for the accident. If the driver of the other car was at fault for the accident, you can file a claim against that driver’s insurance for compensation. You must prove the driver was at fault in the accident to be able to recover compensation.

What if My Car’s Driver Was At Fault?

The driver of a vehicle is responsible for getting passengers to the destination safely. If the driver causes an accident, passengers may file a claim with his or her insurance company for compensation of their injuries. Another option may be to file a claim with your own insurance carrier if you have PIP or MedPay coverage. This is often used as a last resort, because filing a claim with your own insurance company can cause your rates to go up. These coverages also have limits, and there may not be enough to cover the entirety of your accident expenses. If neither driver is insured, you may also file a claim with your own uninsured motorist coverage for compensation.

How Can a Lawyer Help Me?

A lawyer can protect your best interests and help recover the compensation you deserve after being injured while riding in someone else’s vehicle. Your attorney will work to determine who was at fault for the accident and which insurance company to file claims against. An experienced car accident lawyer will negotiate with the insurer to secure a fair settlement for you. If the insurance company denies your claim or does not offer a favorable settlement, he or she will help you decide if a personal injury lawsuit is a wise option for pursuing compensation of your damages. Working with an attorney will also ensure your case is filed within California’s statute of limitations, which is a time limit that applies to filing claims after an incident.

Contact Our Attorneys Today

If you were a passenger during a car accident and sustained injuries, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The Sacramento personal injury attorneys of the Arnold Law Firm will assist you in pursuing maximum compensation for the damages you have suffered. Request a free, no obligation consultation and see what legal options are available in your situation. When you pursue legal action with our firm, there are no upfront fees. You only owe legal fees and expenses if we recover compensation for you.

Call (916) 777-7777 or fill out our Free Case Evaluation form today.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.