If you’ve been injured in a car accident as a passenger in California, whether you’re on the 405 or in the city, there are a few key steps you need to take to ensure you can receive compensation for any injuries you received. This article discusses an injured passenger’s rights, common causes of injuries in car accidents, and information on who can be held liable for a passenger injury claim in California. Let’s take a look.
What Are Your Rights as an Injured Passenger in California?
The first thing to understand is your car accident passenger rights. In California, passengers have the right to fair compensation for injuries sustained in a car accident. Passenger accident compensation can cover medical expenses, lost wages, pain and suffering, and other challenges you face as a result of the collision. The real question is who pays for passenger injuries in a car accident?
Common Causes of Passenger Injuries in Car Accidents
Each year, there are more than 2.5 million emergency room visits due to car crash injuries. The nature of these injuries varies depending on the accident, but there are a few we see more commonly:
- Soft tissue injury: Injuries to connective tissue (muscles, tendons, ligaments), such as whiplash to the neck, are most common.
- Lacerations: Debris and flying objects in the car can cause scrapes and cuts, which might require stitches.
- Head injuries: Whiplash or contact with surfaces in the car can cause concussions and brain injuries.
- Chest injuries: Injuries to the chest (e.g., bruising, fractured ribs) are common due to seatbelts or contact with the steering wheel.
- Arm and leg injuries: Injuries to the extremities occur from sudden stops or changes in direction, causing scrapes, bruises, or fractures.
Who Can Be Held Liable for Passenger Injuries?
Filing a claim as a passenger after a car accident largely comes down to determining liability. A California personal injury attorney can help determine who was at fault for the accident, allowing you to seek the maximum compensation for your injuries from the liable party, such as:
The Driver of the Vehicle You Were In
California is an at-fault state, which means whoever caused the collision is liable. If the driver of the vehicle you were in ran a red light or was texting while driving, they likely hold most or all of the fault for the accident. Drivers owe their passengers a duty of care, so if they are negligent while driving someone else, they will be liable for your damages.
The Other Driver(s) Involved
You can also pursue compensation from other drivers involved in the accident if you can establish liability with the help of a Los Angeles car accident lawyer. This is usually established through eyewitness reports or camera recordings.
Multiple At-fault Drivers (Comparative Negligence)
Fault in an accident can be shared by multiple drivers. At this point, compensation is determined by comparative negligence, which means both the driver of the car you were in and the other driver(s) could share equal fault for the crash and therefore be equally liable. This isn’t always 50/50, however. Negligence is compared to ensure compensation accurately reflects fault, so, for example, a driver who was 70% at fault will be liable for 70% of your compensation.
Rideshare Drivers (If Applicable)
Rideshare drivers are personally liable if they injure you in a crash, though compensation amounts vary because of the tiered insurance models that these companies provide.
Government Entities (Dangerous Roads)
If the accident was caused by dangerous, poorly maintained roads, you may be able to seek compensation from the government entities responsible for maintaining the roads.
Vehicle Manufacturers (Defective Parts)
You may be able to sue the vehicle manufacturer if a defective part on one of the involved vehicles caused the accident. You’ll need to prove that a faulty part was the cause of the crash, which is sometimes challenging.
How Insurance Works for Injured Passengers
Generally, the at-fault driver’s auto insurance covers the costs of any injured passengers, either partially or fully. If the at-fault driver’s policy doesn’t cover your injuries (or if they are uninsured), your uninsured/underinsured motorist (UM/UIM) coverage will kick in. This is a good reason to invest in this additional insurance product.
Can a Passenger Sue the Driver of Their Own Vehicle?
Can a passenger sue after a car accident, even if the at-fault party was the driver of the car they were in? In California, you can sue anyone whose negligence led to you being injured, which means the driver of the vehicle you were in is potentially liable. Passengers need an attorney to help them determine fault and take steps towards getting compensation.
What To Do Immediately After the Accident
If you’ve been in a car accident as a passenger, here’s what to do immediately afterwards:
- Step one: Once the car is stopped, check yourself and others for injuries.
- Step two: Call 911 and seek medical attention, even if your injuries seem mild.
- Step three: Document the scene as much as possible with photos and videos. Gather contact information from anyone else at the scene.
- Step four: If possible, get details from any witnesses.
- Step five: Visit medical experts within the first 24 hours, regardless of whether you feel injured or not.
- Step six: Keep receipts and written logs of your medical treatments and your condition, including symptoms and your emotional state.
How To File a Passenger Injury Claim
The next step is to contact a personal injury attorney. Bring all medical information, accident details, insurance policies, and any other documentation relating to your case. Your lawyer will help you determine who was liable for the accident and inform you of the next steps for pursuing the claim. They’ll also work to protect you from car accident passenger liability, ensuring you aren’t held liable yourself for a frivolous reason, such as failing to prevent distracted driving.
Why You Need an Experienced Car Accident Lawyer
Injured passengers should be able to focus on their recovery, which is why you need a skilled, experienced injury lawyer to help you find the facts of your case and navigate the claim-filing process. The Law Offices of Jacob Emrani represent countless clients in these situations each year, and we’re ready to help you secure the compensation you deserve. If you were a passenger in a car accident, contact us today to schedule a consultation.