Passenger Injuries in Car Crashes
Generally when discussing car crashes the focus falls on drivers. The driver of a vehicle involved in a car accident is often the one with most of the potential headaches.
These may include:
- Seeking medical attention.
- Repairing damages to their vehicle.
- Dealing with their insurance company.
- Setting up a replacement or temporary vehicle.
- Stress and emotional fatigue.
But oftentimes, innocent passengers are injured through no fault of their own while riding in vehicles they had no control over. If you or a loved one have been injured while riding as a passenger in a car or other motor vehicle, there’s a very good chance you have a personal injury claim. Today’s blog post will discuss the car crash passenger injury, and the possible legal complications that may arise from pursuing your claim.
Car Crash Passenger Injury Basics
When you’re involved in a car accident that wasn’t your fault, you may be able to file a personal injury claim against the responsible party. This is true even if you weren’t driving at the time of the accident. For example, if you were a passenger in a car that was hit by another vehicle. You could file a claim against the driver of the other car.
There are a few reasons why this is the case. First, it’s generally easier to prove that someone else was at fault for an accident than it is to prove that you were not at fault. Second, passengers and other non-drivers are usually not covered by the responsible party’s insurance policy. This means that they would have to pay for their own medical expenses and damages out of pocket.
Finally, it’s important to remember that car accidents can be very traumatic experiences. Even if you weren’t physically injured, you may still suffer from emotional distress. Filing a personal injury claim can help you get the compensation you are entitled to.
If You Were Riding With a Drunk Driver
If you were injured while riding in a car with a drunk driver, you may be wondering if you can sue them. The answer is yes, you can sue a drunk driver if you were injured while riding in their car. There are many ways to prove that the driver was drunk, such as through eyewitness testimony or video footage. If you have evidence that the driver was drunk, you may be able to recover damages for your injuries. The important thing, however, is proving that the driver breached their duty of care to you as a passenger. Driving under the influence is a crime anywhere in the US. Therefore, the only way to avoid breaching this duty would be if the driver is unaware they are under the influence. This may happen with certain prescription drugs, especially if dosed incorrectly.
If You Were Riding in a Rideshare
A possible complication for a car crash passenger injury case may arise if the car in question is a rideshare vehicle. Namely; insurance. Consumer car insurance policies required by law generally stipulate that the car in question is meant to be for “personal use.” Operating the vehicle in a for-profit capacity such as driving for a ridesharing or food delivery service falls outside of the boundaries of “personal use.” Depending on the ridesharing company in question, there may be liability insurance available to drivers unable to afford a commercial insurance policy. But you should expect both the insurance and ridesharing companies to place hurdles in your path to claiming this liability insurance.
How A Car Crash Passenger Injury Attorney Can Help
If you’ve been injured as a passenger in a car crash, you may be:
- Overwhelmed.
- Emotionally exhausted.
- Unsure where to turn.
The attorneys at Malloy Law Offices LLC are here for you. Insurance companies are not always on your side. Even if the negligent driver’s insurance company accepts responsibility for the accident, they may not offer you a fair settlement. An experienced personal injury attorney will know how to negotiate with insurance companies to get you the compensation you deserve. Contact us today for your free consultation.