Passenger Injury: What To Know If You Are Hurt In An Accident
Written by Funk & Associates Personal Injury Lawyers
Many times, passengers in vehicles may endure more severe injuries than the driver, especially in cases like T-bone collisions.
Following a car wreck, injured passengers have the right to pursue compensation for any damages they may have suffered.
Seeking compensation doesn’t necessarily require taking legal action against the driver of the vehicle in which the passenger was traveling—something you may be reluctant to do if that person is a family member or a friend.
For more insights into claims arising from passenger injuries after a car or truck crash, keep reading …
Who Covers Passenger Injury Medical Expenses Following A Car Accident?
If you were hurt, you could face a lot of costs: Medical bills. Lost time from work. Even loss of future income due to a permanent disability.
As experienced Austin-area personal injury lawyers, here’s what we look at for potential sources of compensation:
- The driver of the vehicle the passenger was in: In Texas, the liability insurance of the at-fault driver covers injuries resulting from their negligence, including passengers.
- Drivers of other vehicles involved: If they were at fault, the driver who caused the crash should be held liable.
- Another party contributing to the accident: This could include entities such as manufacturers responsible for a defective vehicle such as seatbelt malfunctions, airbag malfunctions, or defendants being overserved in bars or restaurants, etc.
In addition, if you own a car and were injured while in someone else’s vehicle, certain coverage from your own policy may apply, depending on the policy terms. This is where an experienced personal injury attorney can help: We can assist in dealing with the insurance companies involved, investigating the accident, identifying all responsible parties, and vigorously pursuing rightful compensation.
Is It Possible For A Passenger To Be Held Responsible For A Car Accident In Texas?
Texas law typically places responsibility on the driver (or the at-fault party) rather than the passenger.
Nevertheless, while it is rare, there are certain situations where a passenger might be deemed liable for a collision. These include instances such as grabbing the steering wheel, obstructing the driver’s line of vision, creating sudden loud noises that startle the driver, physically assaulting the driver.
Getting into a vehicle with a driver who you know to be intoxicated can also negatively affect the value of your case.
Without these specific circumstances, it is highly unlikely for a passenger to be considered at fault in a Texas car accident.
I Was A Passenger in An Auto Accident; What Do I Need to Do?
If you were a passenger and were injured in a car accident, make sure you seek medical care immediately following the auto accident. Attempt to get as much information from both the at fault driver and/or your driver. This includes:
- The name of the drivers
- Their dates of birth
- Owner of the vehicles
- License plate info
- Make and model of the vehicles involved
- The drivers’ insurance information
- Photos of the damage to all vehicles and photos of the aftermath of the accident.
If you can, get witness information and make a note of what police department arrived at the scene.
If you are able, take photos of the vehicle and street conditions and anything else you deem important to establishing liability and documenting your injuries.
Conclusion
Passengers in a car accident are usually free of fault, unless they did something inherently dangerous such as distracting the driver, pulling the wheel, or contributing to the accident in any way. Injured passengers can be compensated through an insurance claim or a civil lawsuit.
Determining liability is a crucial initial step in the compensation process. While it’s often one of the drivers involved, it could be another party such as a negligent trucking company that didn’t follow safety protocol or a car manufacturer with defective airbags.
If you need assistance with your personal injury case, our experienced personal injury attorneys are here to help. Please contact us today at 512-472-3865 or fill out our online form for a free consultation. Our team is dedicated to guiding you through your claim and helping you obtain the compensation you deserve. We look forward to assisting you.
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