What’s the Right to Compensation for Injured Passengers in Car Accidents?

When you’re a passenger in a vehicle that’s involved in an accident, you want to be compensated for any injuries that you suffer. Fortunately, in most cases, you would likely be able to recover damages for your injuries as a passenger. However, passenger injury claims in vehicle accidents can have complexities that may prevent smooth sailing. If this is the situation you are in– a California car accident with injuries– CALL WALCH LAW NOW to discuss your options further. 1-844-999-5342

The Right to Compensation as an Injured Passenger

If you’re injured (as a passenger) in a vehicle collision due to a driver’s negligence, you should be able to be compensated. Typically, you would negotiate and accept a settlement offer from the insurance company that covers the driver.

If there’s no settlement, the issue can be resolved by going to trial. You, as an injured party have the burden of proving your case. If you can’t show that you suffered harm in the accident or that the accident is the other party’s fault, then you’ll lose your case and won’t be paid for your injury.

What Do You Need to Prove the Cause of the Accident?

You need to prove that some other party caused the accident. This may be the driver of the vehicle you were in, the driver of the other vehicle, or both. Unless you somehow distracted the driver or didn’t wear your seatbelt, you’re usually in a good position to begin with.

Negligence is a legal theory that you, as a plaintiff can use to establish fault. To be successful in your case, you need to show the following:

• That the defendant owed you a duty: To drive safely and reasonably.
• That the defendant broke/breached the duty: The driver was speeding, distracted, or intoxicated.
• That the breach was a cause of your injuries: The defendant lost control of the vehicle, the car went spinning and slammed into the car you were in, and the crash caused your injuries.
• That your injuries developed into damages: You experienced pain, emotional distress and paid medical expenses and lost income.
• That the wrongful party is obligated to compensate you for your damages.

Possible Negligent Parties

This could be any party that has a hand in causing the crash:

• The driver of the vehicle you were in
• Another driver
• A truck driver
• A government entity (for example, if they are responsible for a defective design that has had prior accidents)

What is Comparative Negligence?

California is a pure comparative negligence state. This means that your recovery is reduced by your share of fault in causing the accident or your injuries. If you contributed to the accident by, (perhaps distracting the driver) the jury would determine how much at fault you were. If it’s 50%, you would lose half of your recovery.

If you didn’t wear your seatbelt and this made your injuries a third worse, than your recovery would be lessened by a third. But if you didn’t contribute to the crash or your injuries, then your compensation shouldn’t be reduced.

Even when you’re not at fault, it can impact your claim if there’s disagreement about which driver is at fault. You still won’t be able to get your full recovery in settlement.

Get Lawyers to Help with your Accident Claim

If you were a passenger hurt in a vehicle accident, you’re typically entitled to get compensated for your injuries. An experienced personal injury attorney can help you file a suit and help get a fair settlement. You can get in touch with a winning WALCH LAW attorney now for a totally free consultation on your case. CALL NOW 1-844-999-5342