In auto accident cases, passengers have rights in areas where the driver doesn’t. For instance, if both drivers share the blame for an accident, the driver’s recovery is limited while a passenger’s recovery is not. Read on to learn more about passengers’ rights and responsibilities after an auto accident.
Passengers Can’t Share Fault
Unlike a driver who can potentially be held liable for an accident, a passenger can sue the other party, the person driving the car in which they rode, or both. The right to file claims against both drivers’ insurance companies is particularly important when someone suffers severe injuries that result in damages in excess of either driver’s coverage limit.
Filing a Claim Against a Friend or Family Member
If an accident occurred due to a driver’s negligence, his or her passengers can file claims for lost wages, pain and suffering, and medical bills. A driver who owes their passengers a duty of care is legally responsible for their damages. While many are reluctant to sue someone they know, it’s really a matter of pursuing their insurer.
Next Steps
When someone is the passenger, whether the accident is the fault of their driver or someone else, there are certain steps to take.
- When other vehicles are involved, the driver should get the other party’s contact and insurance information. To prevent omissions and lies on the other person’s part, it’s important for the driver to ask to see the other person’s license and insurance card.
- If the accident involved serious injury or death, it’s vital to call an auto accident attorney in McKinney, TX immediately. Don’t talk to the insurance adjuster before speaking to an attorney, as adjusters are trained to convince people to say things that can possibly harm their claims.
Why It’s Important to Hire an Attorney Immediately
If someone is injured or a loved one is killed while riding as a passenger, they should call a personal injury lawyer right away. This allows the attorney to start gathering evidence before it disappears, and it helps the client start a paper trail that proves the severity of their injuries. Visit the website or call the Law Firm of David S. Kohm today.
