Passengers who were injured in car accidents typically have an easier time recovering for their physical injuries than drivers. they must, however, prove the validity of their case. For example, car accident victims who are seeking compensation for their personal injuries must prove negligence (duty and breach of duty), as well as damages (injures). Since passengers have no control over the vehicle, the process of proving their innocence is more straightforward than handling issues pertaining to at-fault drivers (the driver of the car they are traveling in or the driver and/or owner of the vehicle that hit them).
Affected passengers should handle their car accident cases like how they file personal injury claims. They must show that the person at fault was negligent. To prove negligence there are three elements to address:
- Breach of Duty
Accidents occur when an individual fails to exercise the necessary degree of care and ended up injuring others. For example, a driver of a vehicle has a duty to stop at a red light. If he or she runs a red light and injures a passenger or pedestrian, this is considered a breach of duty. Damages can include a number of elements such as medical bills, lost wages, scarring, future lost wages, and permanency among others.
Enjoy peace of mind knowing that Cardinal Law Partners has helped many passengers and car accident victims recover damages.
Understanding Car Accident Legal Options
Since a passenger is not driving any of the vehicles involved in the accident, there is a possibility that he or she could recover damages from the vehicles’ insurance policies. If it is unclear that only one car was at fault, the passenger could file a claim and recover damages from all at-fault vehicles. An experienced personal injury attorney is often needed to assist injured passengers in finding all available types of coverage and facilitating their claims.
Look Out for Potential Insurance Coverage Issues
If there’s more than one injured passengers in the accident, determining the amount of coverage you get may become an issue. If a vehicle has $60,000 worth of coverage per accident and four passengers were hurt, then that amount must be equally divided amongst all affected parties. This means that if there are severe injuries and the medical bills are high, no one is going to get enough financial support. In situations where there are insufficient coverage, it is important to contact an experienced attorney to determine if you are receiving maximum compensation from insurance companies.
Contributory Negligence Affects the Outcome of Car Accident Claims
Contributory negligence disallows individuals from recovering damages. It is rarely raised against passengers as they do not have control over a vehicle It can, however, happen if the injured passenger is aware of his or her driver’s state of intoxication prior to being driven. It is recommended that contact an experienced attorney to help sort out elements of your case.
If you or a family member has inquiries about car accidents, don’t hesitate to contact Cardinal Law Partners today. Our attorneys have years of experience handling motor vehicle accident cases and can provide all the legal services you need to support your claims. Call 833-444-4257 to schedule an appointment with us today!