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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 really be suing their insurance company.
The driver of a motor vehicle or any other type of transportation has the obligation to 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 an 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.
It is very important that you 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 a trial.
If you are an injured passenger a result of a motor vehicle accident, the Traub Law Office offers a free consultation so that we can help you to all of the financial compensation that you deserve. Simply fill out the contact form or call us at (512) 246-9191.