Can Injured Passengers Sue Drivers After an Arizona Car Accident?
If you are a passenger in a car that gets into an accident you might be wondering what your rights are to help you with the injuries you sustained. Determining what your rights are regarding recovering money for damages depends on several factors. As you might guess, the particulars with passenger rights in an Arizona car accident have the potential to become very complicated. When you are injured in a Phoenix automobile accident, call the Phoenix car accident attorneys at ELG. Whether your injury accident is complex or straightforward, the Arizona personal injury attorneys at ELG only work on injury accidents and we can help you see your full legal justice.
What are Injured Passenger Legal Rights After a Car Accident?
There are a few considerations that are taken into account when determining the right of a passenger to sue a driver after they sustain injuries from a car accident. First, it is important for drivers and passengers to know that their relationship with each other matters significantly with regard to injury lawsuits. In general, automobile insurance companies will not allow family members/household members to sue each other. The reason for this is fraud prevention. It would be much easier for family members to work together during an accident situation, file a suit and then the family or married couple get to enjoy the proceeds of the settlement.
When passenger occupants are not family members or household members, these individual’s rights begin to kick-in. If you are in a one-car accident, the details of how the accident took place will help determine if a passenger will be able to successfully file a personal injury claim. In cases where the driver hit a stationary object like a building or a tree, and a passenger was injured, the passenger will have a strong case to file an Arizona personal injury claim against the driver. On the other hand, if the driver was being responsible and safe behind the wheel but an unexpected hazard came out onto the road like a child darting out into the street and the driver quickly steers out of the way and hits an object, you likely won’t have a case for a Phoenix personal injury claim against their insurance provider.
When a multi-car accident takes place, a determination of the amount of fault will occur. There are situations where if the driver of the car you are in is said to be wholly at fault, then you can sue them for your damages. There are many situations in Arizona where more than one driver is responsible for a portion of an accident and this is due to Arizona’s comparative fault laws. When the driver of the car you are in has some fault and another driver of another car also has some fault, you are able to sue both for the percentage of fault they hold.
Injured passengers that are not household members of drivers have a right to recover compensation for damages they had to endure after an automobile accident. The process of determining who is at fault and how much fault they hold can be very stressful to have to endure for injured victims of car accidents. When you work with an experienced Arizona car accident lawyer, you will have an advocate on your side that will perform an independent investigation and gather all the necessary evidence to fight on your behalf so you get the most compensation possible.
Speak with an Arizona Car Accident Attorney Today
Speak with an Arizona car accident attorney at ELG when you have been injured in an accident. Call the Phoenix car accident attorneys at ELG today to schedule your free consultation at (623) 877-3600.