When a passenger is harmed in a car crash, questions arise about liability and whether legal action can be taken against the driver or other parties. Many injured passengers hesitate to pursue legal options, but much of the time, they are entitled to fair compensation for their injuries and other damages.

What Conditions Allow a Passenger to Sue a Driver?

A passenger may file a lawsuit against a driver if the driver acted negligently and caused the crash. Examples of negligence include behaviors such as distracted driving, speeding, running a red light, or driving under the influence. The passenger must demonstrate that the driver’s actions directly contributed to the injuries sustained during the crash.

Can a Passenger Sue the At-Fault Driver?

Yes, a passenger can pursue legal action against the at-fault driver if the driver’s negligence caused the crash. Typically, passengers first seek compensation through the driver’s auto insurance, which can cover medical bills, lost wages, and other damages. If the insurance policy does not provide adequate compensation, the passenger may then file a lawsuit against the driver to recover additional damages for injuries or other losses resulting from the crash.

Does a Passenger Have to Rely on the Driver’s Insurance?

Depending on state laws, passengers may also have the option to pursue compensation through their own insurance, such as medical payments coverage or uninsured/underinsured motorist coverage, if the driver’s insurance is insufficient.

Can a Passenger File a Lawsuit Against Someone Other Than the Driver?

Yes, passengers may be able to seek compensation from other parties involved in the crash. This could include other drivers, vehicle owners, or even manufacturers if a defect contributed to the crash. Determining the responsible parties depends on the facts of the case, the evidence, and the applicable state laws.

What Types of Damages Can a Passenger Recover?

Passengers may recover damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the crash. Some claims also allow recovery for long-term impacts, such as ongoing medical treatment or permanent injury. The specific damages depend on the severity of the injuries and the circumstances of the crash.

Is There a Time Limit for a Passenger to File a Claim?

Yes, legal claims are subject to “statutes of limitations” that vary by state. Passengers must file their claims within a certain period from the date of the crash or discovery of the injury. Failing to act within these time limits may prevent a passenger from pursuing compensation.

Can a Passenger Claim Compensation for Emotional or Psychological Injuries?

Yes, passengers can seek compensation for emotional or psychological injuries caused by a car crash, such as anxiety, post-traumatic stress, or depression. These claims typically require documentation from a mental health professional and may be considered alongside physical injuries. Courts and insurance companies evaluate the severity and impact of the emotional harm when determining compensation, and it can be included in a broader personal injury claim.

Can Passengers Cause Drivers to Crash?

Yes, passengers can contribute to a crash if their actions distract or interfere with the driver’s ability to operate the vehicle safely. Examples include sudden movements, engaging the driver in an argument, or reaching for controls while the car is in motion. If a passenger’s behavior plays a role in causing the crash, it can affect liability and may reduce the damages they can recover under “comparative negligence” laws.

An Experienced Rio Rancho Car Crash Lawyer at Buchanan Law Firm, LLC Helps Passengers Who Were Injured in Car Crashes Seek Compensation

Passengers injured in motor vehicle collisions are often entitled to compensation. To explore your legal options, contact a Rio Rancho car crash lawyer at Buchanan Law Firm, LLC. For a free consultation, call today at 505-900-3559 or contact us online. Located in Albuquerque, New Mexico, we proudly serve clients in the surrounding areas.