The rights of a passenger injured in a car accident is similar to any other injured party.
The personal injury claim of a passenger who becomes injured in a car accident is comparatively simpler than that of the driver because the passenger does not have to prove liability for the accident as one of the driver’s will be held liable. The rights of a passenger injured in a car accident is similar to any other injured party. The victim must prove two things – liability and the severity of injuries sustained in the accident.
Establishing Liability of the Driver
If a car accident involves two cars, at least one of the drivers will most likely be held liable for causing the accident. It generally happens that either of the two drivers would have been driving in a negligent manner which resulted in the accident. If the accident involves only one car, for example, hitting a tree, the driver of the car will be held liable for driving negligently or failing to drive cautiously. There are, however, exceptions to this rule. In case a car hits a deer, which jumped in front of the car, the liability will not rest with the driver as he or she did not expect the deer to be there. Hence the driver may not be considered negligent in this case.
Passenger Injury Claim
A claim for passenger injury is just like a personal injury claim for car accidents; the only difference is that the claim will be filed against both drivers, in the case of a two car accident. The passenger is required to obtain the insurance information from both the drivers and file the compensation claim with the insurance company of the respective drivers. There are certain types of accidents where one of the drivers is not at all liable for causing the accident. A rear-end collision is one such type where the driver of the front vehicle is not liable for any negligence. In such cases the claim is filed against the driver of the vehicle which rear-ended the lead car.
When Two or More Passengers Are Involved
One complication in passenger injury claims is when there are two or more passengers involved. For example, if three passengers are injured in a rear-end collision, they will all file for damages against one driver. The maximum settlement amount may be limited by the driver’s insurance and the three may have to settle for compensation lower than the worth of their case. In these cases, a St. Louis car accident attorney will need to be consulted to receive the maximum amount of compensation. If you have been injured as a passenger in a car accident, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 for a free consultation.