Injured Passenger Claim
Do you have any rights to compensation if you are the injured passenger in a car accident? Who would you seek compensation from? As a passenger, you may have rights that even the driver does not have especially if both drivers are at fault. This would not be the case however, if you knowingly rode in a vehicle with a drunk driver or someone that you knew would be a negligent driver.
If you were the injured passenger in a single-vehicle crash, then you would have a claim against the driver of the vehicle you were in. You might be hesitant to sue the driver because they may be a friend or relative, but you would be suing their insurance company.
The driver of a motor vehicle or any other type of transportation must drive carefully and safely not only to prevent hitting other vehicles but also to prevent injury to his or her passengers. This is known as the duty of care. If the driver fails to use due care resulting in the passenger being injured or killed, the passenger or the passenger’s heirs (in the case of a death), have the right to payment from the driver for all the damages resulting from their injuries or losses, including, medical bills, lost wages, and pain and suffering.
What are the next steps if you were a passenger that was injured in a motor vehicle collision whether car, boat, or plane?
If another vehicle was at fault, make sure you obtain all of that driver’s information such as driver’s license, license plate number, and insurance information as you would in any motor vehicle accident. Take pictures of the vehicles at the site as well as any injuries or bruises you have sustained.
What if you do not know who is at fault? This is all the more reason to hire a personal injury lawyer. If both drivers are at fault, you may be able to recover money from both if one does not have enough insurance to cover all of the damages.
You must contact a personal injury attorney as soon as possible if you are an injured passenger. Do not speak to the insurance company before contacting a personal injury lawyer because they may try to trick you into saying things that will come back to haunt you or ruin your case later. Do not give the insurance adjuster a statement until you have contacted and retained an attorney.
The insurance adjuster works for the insurance company and only has their best interest in mind.
An experienced personal injury attorney will make sure that you are receiving the proper medical care for both physical and psychological care and will do everything to ensure that you are compensated for your medical expenses, pain and suffering both mentally and physically, lost wages, and property damage.
A personal injury lawyer is a contingency lawyer and does not get paid until you settle your case or receive a favorable verdict in a trial.
Key Things to Know About Texas Car Accident Claims
When you’re involved in a car accident in Texas, a few important rules and steps can make a big difference in your claim. Texas follows a modified comparative negligence rule, meaning you can recover damages if you’re 50% or less at fault, but your compensation is reduced by your percentage of blame. Fault isn’t always limited to one driver—employers, vehicle manufacturers, government agencies, alcohol-serving establishments, and even social hosts may also share responsibility depending on what contributed to the crash.
Your priority should always be your health. Get medical care right away, follow your treatment plan, and keep all records. Consistent documentation strengthens your injury claim and prevents insurers from arguing that your injuries were minor or unrelated. Whether you’re a driver or a passenger, protect yourself by documenting the scene, gathering information, taking photos, and avoiding statements to insurance companies before speaking with a lawyer.
Insurance companies often try to minimize payouts. If they delay, deny, or lowball your claim, your attorney can negotiate, investigate the crash, calculate your damages, and take your case to court if needed. Lawyers consider medical bills, lost income, pain and suffering, property damage, and future costs when estimating what your case is worth. Most cases settle, but being prepared for trial often leads to better offers.
Texas also has a strict two-year statute of limitations, so acting quickly is crucial. Car accidents can involve many types—rear-end, T-bone, head-on, sideswipe, multi-vehicle pileups, and hit-and-run crashes—and each can cause injuries ranging from whiplash and fractures to concussions and internal trauma. No matter the type of accident, early medical care, thorough documentation, and strong legal support ensure your rights and recovery stay protected.
Contact Us
If you are an injured passenger as a result of a motor vehicle accident, the Traub Law Office offers a free consultation so that we can help you with all of the financial compensation that you deserve. Simply fill out the contact form or call us at (512) 246-9191.
