What Rights Do Passengers Have in an Accident?

Most people think that when a car accident takes place the only rights are with the driver of the vehicle. This simply isn’t true. As a passenger, you have rights too. Whether the crash was caused because of the negligence of another driver or from the driver of the car you are in, you have the right to file a personal injury claim for your damages. The injuries that passengers endure are not any less serious or important than that of the driver.

There are certain types of accidents where passengers are much more vulnerable to serious injury. T-bone crashes will cause both crush and impact injuries that can negatively affect many parts of the body. In most car designs the passenger side of the vehicle tends to have less integrity in its strength than other areas of a vehicle. When a passenger is hit at a normal highway speed of 55 miles per hour to their door they don’t have much protecting them from the impact. 

It is very common that passengers are inflicted with concussions, whiplash, and fractures. These injuries need to be treated by professional medical intervention. The costs for treatment and testing are high, an experienced Arizona serious injury attorney at ELG can help you with a personal injury claim which will allow you the best chance at obtaining the highest amount of compensation for the damages you had to endure.

Who Is Liable For Damages To A Passenger?

Passengers have no control over accidents because they are not in the driver’s seat. Therefore, it doesn’t matter which driver is at-fault for the collision and the injuries that result. As with drivers, passengers have the same ability under the law to pursue compensation to help them with their medical bills, lost wages, and pain and suffering.

A driver of another vehicle who is at fault for the accident will be responsible for paying for the damages to victims. Both the driver and the passenger of one car can seek to recover compensation via “stranger liability.”  “Friendly liability” occurs when the driver of the car the passenger was in is at fault for the crash. Even if the driver is a close friend or a family member, there is still the option for the injured passenger to pursue compensation to help them with the expenses which result from the crash and their injuries.

What Happens In A Single Car Accident?

In the absence of another vehicle causing a crash, the driver of the car may be held liable for the crash and the injuries that resulted in their passengers. Reckless actions on the part of the driver like driving while texting can lead to a crash and the driver would be responsible for damages. While these cases do happen, they are not always straight-forward and can be tricky. If a passenger is in a car with an intoxicated driver and there is a crash, the insurance companies will argue that the passenger knew about the driver’s condition and actively put themselves in harm’s way.

When you have a talented and resourceful Phoenix car accident attorney representing your best interests you are better positioned to overcome these challenges. An attorney can argue that the passenger had no way to know that there would be negligence on the part of the driver.

Contact ELG at 623-562-3838 to set up a free consultation at either of our locations in Phoenix and Mesa, Arizona where you can discuss your accident experience.