If you’ve been injured as a passenger in a car accident, it can be a complicated and overwhelming experience. It’s important to know what steps to take to ensure your best chance of obtaining the maximum compensation for your injuries. In this article, we’ll discuss what to do if you’re injured as a passenger in a car accident, who is at fault, and how a personal injury lawyer can help you.
What to do Directly After the Accident
Immediately after the accident, it is essential for you to remain calm and assess the situation.
Call 911
The first thing to do is call the police and file a report. This will help document the details of the accident and provide a record of the incident. A police report will also be helpful should you file a car accident lawsuit.
Gather Insurance Information
Next, you should get the insurance information of both drivers. If the drivers are unwilling to provide their information, you can get it from the police report. You may need to contact a few insurance companies to get your medical costs and ongoing medical care covered.
Seek Medical Attention
It’s also important to seek medical attention as soon as possible. Even if you don’t feel injured, you should still get checked out by a doctor. Some injuries may not be immediately noticeable but can worsen if left untreated.
File a Claim with the At-Fault Drivers Insurance
Filing a claim with the other driver’s insurer is an important step to take after being involved in a car accident as a passenger. In nearly every state, drivers are required to carry a minimum amount of car insurance, which includes two coverages:
1. Bodily Injury Liability (BI)
BI insurance pays for medical bills up to a limit per person and a limit for the entire accident.
2. Property Damage Liability (PD).
PD insurance pays for damage to property, including the property of passengers (though not the car owner’s).
Do Not Talk to The Insurance Company After Filing- Let McCabe Law Do That
It is important to remember that filing a claim with the other driver’s insurance policies does not guarantee compensation. The other driver may not have enough coverage or may dispute liability. If this happens, you may need to file a personal injury lawsuit against the other driver or their insurance policies in order to receive compensation for your physical injuries or lost income.
Identifying the Driver at Fault for Your Personal Injury Claim
To determine who is at fault for the accident, you’ll need to look at the details of the incident. Generally, the driver who was negligent is usually held responsible for the accident and any resulting injuries. You will need to file with their insurance policies to be compensated for medical bills or lost income.
Your Driver
The driver of the vehicle you were in can be held liable for any injuries you sustained if they were driving recklessly or irresponsibly. Reckless actions could include speeding, failing to abide by traffic laws, and driving while distracted.
The Driver of the Other Vehicle
The driver of the other vehicle can also be held liable for any injuries you sustained if they were driving negligently or irresponsibly. Negligent actions could include failing to follow traffic laws, speeding, and driving while distracted.
Both Drivers Share Liability
In some cases, both drivers can be held liable for the accident and any resulting injuries. This is especially true if both drivers were driving negligently or recklessly or if both drivers’ actions caused the accident.
Is A Passenger Ever At Fault?
No, passengers are rarely found to be at fault for a car accident. Passengers are generally not held liable for any injuries sustained in a car accident because they are not in control of the vehicle and are not responsible for the actions of the driver.
Common Passenger Injuries after a Car Accident
There are many passenger injuries after a car accident. They range from mild to severe to fatal.
Spinal Cord Injury
Traumatic brain injury (TBI) is an injury to the brain caused by a sudden physical impact, such as a blow or jolt to the head. It can lead to permanent or temporary changes in mental and physical functioning, resulting in impairment of cognition, communication, memory, sensation, and motor skills.
Traumatic Brain Injury
Traumatic brain injury (TBI) is an injury to the brain caused by a sudden physical impact, such as a blow or jolt to the head. It can lead to permanent or temporary changes in mental and physical functioning, resulting in impairment of cognition, communication, memory, sensation, and motor skills.
Internal Injuries
Internal injuries from a car accident refer to any type of injury that affects a person’s internal organs and tissues, such as the lungs, bleeding in the abdomen, broken ribs, ruptured spleen or liver, or traumatic brain injuries. These injuries may be caused by sudden blunt force trauma or impact due to the collision. Signs and symptoms may include pain, difficulty breathing, decreased movement, or even unconsciousness. Treatment for these types of injuries often requires immediate medical attention.
Whiplash
A whiplash is an injury to the neck muscles, tendons, and ligaments caused by a sudden jerking motion of the head that often results from being rear-ended in a car accident. Symptoms of whiplash can include headaches, neck pain and stiffness, dizziness, fatigue, and arm pain.
Drivers Should Drive Carefully To Prevent Passenger Injury
It is the responsibility of the driver to drive safely and responsibly to prevent passenger injury. Drivers should always obey traffic laws, pay attention to the road, and avoid distractions.
Who Can A Passenger Sue To Claim Compensation?
A passenger can sue any party who was at fault for the accident. This could include the driver of the vehicle you were in, the driver of the other vehicle, or any other party who was negligent in causing the accident.
What To Do If You’re In An Accident As An Uber Or Lyft Passenger
If you’re injured as a passenger in an Uber or Lyft, you should contact the company immediately. Uber and Lyft both have policies in place to help injured passengers. The company should provide you with the driver’s insurance information so that you can file a claim.
What Damages Can I Seek If I Was Injured In a Car Accident?
If you were injured in a car accident as a passenger, you can seek damages for medical expenses, lost wages, pain and suffering, and other losses.
How Can a Personal Injury Lawyer Help Me?
A personal injury lawyer can help you identify who is at fault for the accident and ensure that you receive the maximum compensation for your injuries. Our experienced passenger injury claim can also handle the legal aspects of your claim so that you can focus on recovery.
How Much Does a Personal Injury Lawyer Cost?
We work on a contingency basis for personal injury claims such as a fatal car accidents. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don’t have even more out-of-pocket expenses during a stressful time. We also offer contingency fee schedules for other practice areas.
Is There a Statute of Limitations?
There is a statute of limitations for personal injury claims. Depending on where you live, you might have up to two years to file a claim. It is essential to contact a personal injury lawyer as soon as possible after the accident so that the statute of limitations does not bar your claim.