If you are injured in a car accident due to the fault of someone else, you can be compensated for the damages you have sustained. A passenger in car accident settlement is possible! You do not have to be the driver of the vehicle. Passengers injured in car or truck accidents also have a right to recover monetary compensation. If you were a passenger injured in a car accident, you may be able to recover the following:
- Current and future medical expenses for treatment of your injuries
- Pain and suffering damages
- Loss of income
- Loss of future earning ability
- Scarring and disfigurement
- Loss of enjoyment of life
Some damages, such as pain and suffering damages, are subjectively calculated and can be difficult to calculate. It is important to remember that the at-fault driver’s insurance company will take advantage of this and try to lower the value of these types of damages. Before you talk to the insurance company for the at-fault driver or even consider settling your claim, contact an experienced personal injury attorney to discuss your legal rights and best course of action. I personally have more than 10 years of experience representing both car drivers and passengers in car crash cases.
When you are a passenger, you can always recover your damages against someone, unlike a driver who can sometimes be at fault. If you are a passenger, your personal injury case may be against the driver who is driving your car or the car in which you are a passenger. Or it may be against another car driver, such as in the instance when you are struck from the rear by another driver. Sometimes both drivers may be partially at fault and that is when things become more complicated. When multiple drivers are at fault, your attorney will need to apportion the fault between the multiple drivers and then negotiate with 2 or more insurance companies to get your settlement money. For example, if the driver of your car turns in front of a speeding car, then there may be fault on the part of both drivers; one for speeding and the other driver for failing to yield the right of way. So, remember, there can be more than one driver at fault for a car crash.
Additionally, a car defect could put the manufacturer as a responsible party. If a car’s brakes fail and cause the crash, then there could be a manufacturing defect or a repair defect in your car. If that is the situation, then you could have a case against the car manufacturer or the repair shop that recently repaired your brakes. If a company vehicle was involved, an employer may be liable for damages. So, there may be more than one case that can be brought in a particular accident and an experienced car accident lawyer like myself will know what avenues to explore for insurance responsibility.
If there are multiple causes at issue in a car crash, then it is up to your lawyer and the insurance company to come up with a shared consensus of apportioned fault. In other words, like the example above, the car that was speeding may be 30% at fault and the car that was turning into the speeding car may be 70% at fault. Therefore, if you are settling for say $30,000, then the speeding car’s insurance company would have to pay $9,000 and the turning car’s insurance company would pay $21,000, for a total of $30,000. It is not always clear who is at fault in a car crash case and that is why a thorough investigation needs to be done by the attorney. Sometimes, witnesses must be interviewed and photos need to be analyzed to determine if one or more people are lying about how the crash happened. We cannot always rely on the state trooper or local police officer to make an accurate conclusion on fault.
Being involved in a car accident and suffering injuries is overwhelming enough without having to think about a passenger in car accident settlement. Injured victims need to ensure that their legal rights are protected. I will personally handle your case from start to finish. Paralegals or legal assistants do not go to law school or have law degrees. You can be sure that I am the one doing all the work on your case and with my over 10 years of experience fighting insurance companies, I will get the money recovery that you need to move forward with your life.
A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.