Passengers in a vehicle accident are no less likely to sustain injuries than the drivers who caused it. Our lawyers can help injured passengers recover the compensation they deserve by determining who is at fault and filing a claim against them.
In some cases, the driver you were riding around with caused your damages. These situations can be tricky since you likely know the driver well, but we can help negotiate between the parties to avoid harming your relationship with them. If the other driver caused the accident, we can file an insurance claim or move straight to filing a lawsuit to recover your full range of losses, including economic and non-economic damages. We can also assess liability if both drivers share some of the blame.
Call The Queenan Law Firm today at (817) 476-1797 to speak with our Texas car accident lawyers for your free case evaluation.
Can I Recover Compensation if I Was Injured as a Passenger in a Texas Vehicle Accident?
Because car accidents occur so frequently in Texas, passengers are just as likely to get injured as drivers. Fortunately, injured passengers have just as much of a right to recover compensation from a negligent driver as any other car accident victim. Our Texas car accident attorneys can explore your options for compensation and assess all the damages you sustained. You might start by turning to your own vehicle insurance if you have it. However, it is best to file a claim against the negligent driver so that you do not pay out of pocket. If insurance is not enough to compensate you fully, our team can file a lawsuit to get the damages you need to be covered.
Filing a Claim with Your Own Insurance
Injured passengers might have their own vehicle insurance that can help cover medical expenses and lost wages when a negligent driver causes a crash. This can definitely help if it turns out that the other drivers were uninsured or underinsured and cannot cover your losses.
However, your premiums are likely to go up when you file a claim for damages. It will also mean paying out of pocket for losses that you are in no way at fault for. As such, our team will usually only turn to this option as a last resort. Instead, we will typically file claims with the other drivers’ insurance providers.
Filing a Claim with Your Driver’s Insurance
If the driver you were riding with caused the accident, we can file an insurance claim against them. Since Texas is an at-fault insurance state, we will need evidence to prove they acted negligently. Be sure to speak to the police and take pictures of the accident scene, as they can be used as evidence during settlement negotiations with the insurance company.
The conflict here is that the driver is likely to be a friend or family member. Filing a claim against them might be embarrassing, but our team can help navigate the delicate nature of your case. As a passenger, it is only fair that you are compensated for injuries you did not cause. Most family and friends will want to cover the passenger’s losses, though, since they likely feel bad for the negative impact their negligence caused them.
Filing a Claim with the Other Driver’s Insurance
Filing a claim against the other driver is usually a much more straightforward matter since they are likely a stranger to the passenger. The issue here is that their insurance might not be enough to cover all your losses. Injured passengers will have medical expenses from treating their injuries, and might have lost wages if they missed work. While insurance can cover these losses, it will not automatically cover your non-economic damages, also known as pain and suffering. Although your injuries were painful when you sustained them, and you might be emotionally suffering after the crash as you treat your injuries, insurance companies often fight demands for non-economic losses. If so, our team can file a lawsuit to recover these costs in court.
Perhaps you were injured as a passenger in a commercial vehicle, like a public or private bus. If you were riding on a public bus through Texas when the accident occurred, the bus company will likely have insurance for such a situation and might readily be willing to settle to avoid a trial. You can also recover compensation if you were injured on a public bus while on your daily commute. However, we usually cannot sue a public bus driver for their negligent misconduct. Instead, we will direct your claim at the public transportation company that the bus driver works for.
Passengers are also commonly injured in rideshare accidents involving Uber and Lyft drivers. If you were injured as a passenger in an Uber or Lyft, we can help you file a claim against the company’s insurance. These companies typically have high insurance coverage limits for injured passengers their drivers were transporting. If you were the passenger of the other vehicle that a rideshare driver crashed into, we could help determine if they were on or off duty at the time, which will impact which insurance options are available.
Filing a Lawsuit
In some cases, both the driver you were riding with and the other are both at fault for your injuries. In these situations, it is often best to file a lawsuit to determine liability between the parties accurately.
Texas uses a rule called “proportional responsibility” to assign liability among the parties of a lawsuit. For instance, one driver might be 20% responsible for your damages, while the other driver is accountable for the other 80% of the fault.
Your own actions will be assessed. For example, if you were not wearing a seat belt as a passenger, you could be found partially liable for the damages you sustained.
Contact Our Car Accident Attorneys in Texas if You Were Injured While Riding in Another’s Vehicle
Call The Queenan Law Firm today at (817) 476-1797 for a free case review with our Texas car accident lawyers.