What Are My Rights as a Passenger in an Auto Accident?

What Are My Rights as a Passenger in an Auto Accident?

If you have been injured in a vehicle accident as a passenger, you have as much right as the motorist to recover compensatory damages for your medical expenses, lost income, and other accident-related costs. According to Alabama law, you can pursue an injury claim, but you must meet certain legal criteria before you can collect compensation.

Types of Compensation for a Passenger

Unless the accident occurred while you were in your own vehicle, you do not need to worry about compensation for property damage. However, you can still claim damages for any injuries you suffered in the car wreck, including:

Compensation for Your Medical Expenses

After a car crash, you can pursue compensation for all medical expenses that you endured due to your injuries, which includes everything from emergency treatment such as ambulance transport, physical therapy, etc. It’s a prudent idea to keep track of all your medical expenses so that you have clarity on the amount of compensation you deserve.

Coverage for Lost Income

It can be a significant hit to lose income while recovering from your injuries, particularly for victims who work on hourly wages or don’t have paid time off. However, you can include compensation for lost income in your personal injury claim.

Payment for Pain and Suffering

Along with compensation for financial losses, you, similar to the vehicle’s driver and any other passengers, have the right to claim damages for pain and suffering. Consult a lawyer about how to include pain and suffering in your personal injury claim.

Being a Passenger in a Car Crash may Change who you Can Claim Compensation From

You may have various options as a passenger involved in an accident to seek compensation, such as pursuing compensation from the party that caused the crash, either your vehicle’s driver or the driver of another automobile.

If you sustain injuries that exceed the coverage offered by the responsible party’s insurance, or if you sustain injuries in a crash with an uninsured driver, you may be entitled to file for compensatory damages through the underinsured or uninsured motorist coverage carried by your vehicle’s driver.

If you are injured as an Uber or Lyft passenger, you may have the right to seek damages through the company-provided insurance of the driver. Both Uber and Lyft offer significant insurance coverage that can provide critical protection in the event of a collision.

If there are multiple passengers in a car during an accident and all suffered injuries, it may limit the amount of compensation you collect.

Most vehicle insurance policies provide double the amount of compensation for all victims injured in a car accident that they would offer a single person injured in a crash. This protects the insurance providers in case of an accident, but it may not be helpful to the passengers involved in a wreck. For instance, if you sustained injuries in an accident with a vehicle filled with people, it could mean that multiple passengers may have to split the compensation offered by the insurer.

Can I be Liable for the Accident as a Passenger?

There are certain circumstances in which the passenger may be considered liable for a crash. Alabama follows the theory of pure contributory negligence for accidents.

Pure contributory negligence means that if an accident victim is responsible in any manner, they would not be able to recover damages for their injuries. Thus, if you did not exercise due care for your safety as a passenger, you may not be able to collect damages from another negligent individual, such as the negligent driver. The tenet of contributory negligence for passengers typically applies to cases where a passenger willingly rides with a driver who is intoxicated or impaired.

There have been numerous lawsuits that have denied compensatory damages to a victim as they willingly rode with an intoxicated driver. If you own the vehicle and let another person who is intoxicated get behind the wheel, you may be held liable for any damages and could potentially face criminal charges. The key lesson here is that one should never ride with a driver who is intoxicated.

A lawyer can provide valuable help as you manage a personal injury claim as the passenger in a crash. Your injuries may cause enough turmoil all on their own. If you hire a seasoned personal injury lawyer, they can handle negotiations on your behalf while you focus on your recovery.

Speak to an Experienced Personal Injury Attorney Today

At the Smith Law Firm, our seasoned personal injury attorney can help you acquire proper medical care for your physical, psychological, and emotional injuries sustained from the accident. Our attorneys will ensure that you receive full and fair compensation for all your injuries and damages.

We work on a contingency fee basis, meaning that you do not need to pay attorney fees until and unless we recover compensation on your behalf. For an initial consultation with one of our attorneys, call today at (334) 702-1744.