Car accidents commonly occur as a result of the negligence of another driver. Other times, a single vehicle is involved in a collision, such as when a car collides with a stationary item such as a concrete barrier or tree. A passenger in a car, like drivers, are susceptible to significant injury in any type of car collision. Passengers injured in car accidents might be entitled to various monetary damages based on the intensity of their injuries and the facts surrounding the car accident.
When it comes to passengers getting injured in a car accident, remember that the insurance company one has to deal with can be challenging. The company's principal purpose is to save as much money as it possibly can by lowering the value of the claim. Hire the best motor vehicle accident lawyers for defense throughout the case when pursuing a personal injury claim against the negligent driver.
A skilled personal injury attorney researches the circumstances surrounding the car accident, including acquiring a copy of the police report and other paperwork. A car accident lawyer from The Keating Firm Ltd can also negotiate with the insurance company on our client's behalf to help them obtain the highest monetary settlement possible in their motor vehicle accident case.
Can a Passenger Receive Compensation for a Car Accident?
Passengers have a right to compensation for injuries, pain and suffering damages, future medical expenses, and other punitive damages caused by car crashes. In fact, they have the same right to bring a legal claim as each vehicle's driver.
However, passengers have to file a separate personal injury claim with the negligent driver's insurance carrier. This means injured passengers are bringing a claim against the other car's driver or the driver of the car they were in. Now that we've established that, how much money can a passenger receive? Contact The Keating Firm Ltd for a free consultation.
Car Accident Cases: Burden of Proof When it Comes to Recovering Monetary Compensation
The wounded passenger bears the burden of proof when seeking monetary compensation for injuries sustained in the car accident. What does this mean? The injured passenger must show that the driver of the car, as well as the other driver, acted irrationally in the circumstances. Ignoring a red traffic signal or stop sign, speeding, or disobeying any other traffic law or road rule that applies to the jurisdiction of the car accident victims are all examples of driving recklessly.
Furthermore, the injured passenger in a car accident must show that they were hurt in the motor vehicle accident and that the accident was the cause of that particular injury. The car collision does not have to be the single cause of the injury; nevertheless, it must be one of the causes.
A knowledgeable personal injury lawyer can help victims prove all of the legal parts of the passenger injury claim and pursue the financial recompense that the victim deserves.
How to File a Claim
Victims might need the assistance of a personal injury attorney to submit a legal claim as a passenger in a motor vehicle accident. A personal injury lawyer can put together the claim and gather all the necessary documentation to support it. A car collision can be caused by a number of circumstances, including:
Negligence by the driver. Depending on negligence, either the driver of the other vehicle or the driver of the car the victim was in at the time of the crash can be held liable for the collision.
Vehicle owner. The car's owner is not necessarily the same as the driver. In rare situations, one may be able to bring a claim against the vehicle owner.
Failure of the mechanical system. This indicates that one or more car components failed to operate properly, resulting in the car collision. In this instance, people have the option of suing the parts or vehicle manufacturer. If the failure was caused by shoddy mechanical work, the mechanic can be held liable for the car accident.
Errors made by the employer. This is relevant for cars that are utilized for business. In this situation, the driver bears full responsibility for the car accident, although under specific circumstances, the employer may also share responsibility. If the company forced the person to drive in dangerous conditions, for example, or if the driver had already exceeded the permissible number of hours behind the wheel (which is common in long-distance transportation), the employer may be held liable.
What Happens When You Have to File a Claim Against a Friend or Family Member?
If someone had to suffer injuries as a passenger while a friend or family member was driving the vehicle at the time of the collision, the claim gets slightly more emotionally complicated.
The dynamics of the connection may make the damage claim more personal. One might have to file a claim against their friend or family member's insurance companies if they are deemed to be at fault.
Furthermore, the driver's insurance, for the majority, covers them in the event of the car accident, and if they are at fault, their insurance premiums rise irrespective of the claim. Thus, it is a good idea to consult a car lawyer for further information.
What Types of Potential Damages Can a Passenger Car Accident Victim Pursue?
In a car accident case involving passenger injuries, the types of monetary damages recoverable are generally determined by the severity of the crash and the degree of the injuries incurred. In general, more significant motor vehicle accidents result in more serious injuries, which means more costly medical care and a bigger possible damages award.
One might be entitled to monetary compensation for the following things, based on the severity of the car accident and the victim's injuries:
Medical bills
Pain and suffering
Lost earnings
Loss of earning capacity
Emotional anguish and mental distress
Loss of consortium or spousal support
Medical Bills
One might be able to seek monetary compensation as part of their vehicle accident claim for all connected medical expenses and care that they got as a result of the injuries they sustained in the car accident.
Pain and Suffering
Accident victims are compensated for all of the difficulty, pain, and suffering that they have had to face as a byproduct of the injuries sustained in the auto accident.
Lost Earnings
Individuals might be entitled to monetary compensation for lost wages due to their inability to work, on top of compensation for all associated medical bills, physical therapy, and care.
Loss of Earning Capacity
If a passenger is seriously injured in an auto accident and is unable to return to their job (or is able to go back to their job but at a lower pay rate), they may file a claim for loss of earning capacity.
Emotional Anguish and Mental Distress
After the collision, accident victims may have considerable emotional distress, including post-traumatic stress disorder, which is legally eligible for compensation if it is related to the auto accident. Emotional trauma is just as significant as physical pain, so do not forget to seek compensation for psychological therapy as well.
Loss of Consortium or Spousal Support
When a passenger in a car accident sustains injuries that prevent them from being intimate with their spouse, the accident victim may make a claim for loss of consortium or spousal support.
The Severity of the Injuries Sustained
How much can a passenger in a car accident receive? The types of damages that motor vehicle passengers wounded in a car accident can claim, as well as the monetary amounts associated with them, are generally determined by the severity of the injury or injuries sustained.
In the event of a car accident, passengers may sustain catastrophic injuries. The fact that the accident victim was a front-seat or back-seat passenger doesn't mean they were less hurt than the driver of the car. Passengers in a car collision may be tossed inside the motor vehicle and may even collide with a vehicle component, such as a headrest or a glass, causing significant injury.
The most common injuries that passengers often sustain in car accidents include:
Soft tissue injuries
Bone fractures
Head and traumatic brain injuries
Paralysis
Death
Soft Tissue Injuries
A soft tissue injury occurs when one or more of the victim's muscles, ligaments, or tendons are damaged. Furthermore, soft tissue injuries include strains, sprains, bursitis, contusions, and tendonitis.
Bone Fractures
A broken bone is referred to as a bone fracture. These injuries are frequently caused by trauma and might necessitate the use of a brace or cast to allow the damaged part of the body to heal.
Head and Traumatic Brain Injuries
When a particular amount of pressure is applied to the accident victim's head, traumatic brain and head injuries (TBIs) happen. The victim's brain may move about inside their head and hit the side of their skull as a result of the force. Concussions, comas, short and long-term memory impairments, and sometimes even death can result from traumatic head and brain injuries.
Paralysis
Partial or complete paralysis is possible. It can also affect either one side or both sides of the body, and it is frequently caused by trauma to the spinal cord and back of the victim. A car accident victim might be unable to use one or more muscle groups due to paralysis damage or spinal cord injuries.
A spinal cord injury is often the most common way that people get paralyzed in car accidents.
Death
A passenger in a motor vehicle might die in the most serious car accidents. When this happens, the loved ones of the deceased accident victim may file a wrongful death lawsuit against the person who caused the car accident.
Generally, the more severe the injury suffered by a passenger in a car, the more extensive the medical care and treatments necessary. As a result of the high medical expenses due to the treatment, the victim might be entitled to a higher amount of monetary compensation in the form of damages.
Different Treatment Options Available for Those who Suffered Injuries
Injuries to passengers in a car accident may necessitate extensive medical treatment to remedy or heal the injury. Overall, the more medical treatment necessary, the greater the potential recovery for the victim in any personal injury claim that they file.
The type and quantity of medical treatment necessary following an accident is determined by the severity of the passenger's suffered injuries. Serious injuries, such as bone fractures, usually necessitate more extensive medical care than soft tissue injuries.
Minor injuries, on the other hand, may necessitate physical therapy and perhaps injections to treat injury symptoms.
Following a car accident, a few of the most common types of care that a passenger in a car receives include:
Surgeries
Injections
Hospital care
Physical therapy
Surgeries
Severe injuries, such as broken bones, may necessitate one or more procedures in order to assure adequate healing.
Injections
After someone suffers injuries, injections are occasionally used to relieve pain in a specific body location.
Hospital Care
Passengers who have been in a car accident frequently seek care at a nearby hospital's emergency room. The hospital might request that the accident victim stay in the hospital for observation, based on the intensity of their sustained injury or injuries.
Physical Therapy
Therapy is frequently used to assist injured body parts regain functionality and expand the active and passive range of movements of car crash victims.
If anyone gets hurt as a passenger in a car accident, they need to get medical attention as soon as possible at their local hospital's emergency room or an urgent care center. Following up with a primary care physician regularly following the accident is also recommended. Lastly, people need to follow through on any extra medical treatment suggestions made by the emergency department doctor or primary care physician.
After the victim has finished all of their medical treatment as a result of the car accident, an expert personal injury lawyer can compile all of their records and invoices to help them file a personal injury claim against the negligent or at-fault driver's insurance company. A lawyer is going to try to maximize the compensation and assist the victim in obtaining the financial compensation that they are entitled to as a result of the injuries.
How Much Insurance Coverage Is Available to the Passenger Victim?
Car owners are required to have insurance coverage at all times in the majority of jurisdictions. The minimum insurance coverage required by a motorist is determined by the jurisdiction in which the driver resides. Furthermore, the greatest amount of insurance coverage provided under a policy essentially signifies the maximum amount of damages one can recover. If the at-fault driver's coverage is $50,000 - $100,000, for example, accident victims, including the driver and passengers, may receive more than $50,000, but no more than a total of $100,000 from the insurance company.
In some situations, at-fault drivers of the other motor vehicle do not have insurance coverage—or may not have enough coverage to pay the victim for the serious injuries they sustained in the car accident. If this is the case, victims can file an underinsured or uninsured motorist claim with their own insurance company (or the insurance provider for the owner or driver of the car in which they were a passenger). If the other driver does not have car insurance, one can file an uninsured motorist claim. However, if the other driver didn't have enough insurance coverage to pay the victim for their losses and damages, they may be able to file an underinsured motorist claim.
Naturally, the level of the damages is determined by the insurance coverage amounts obtainable in the circumstances of the car accident. In a car accident case, an expert personal injury attorney works to maximize the amount of compensation or how much money one can obtain as the passenger.
Contact The Keating Firm Ltd Today for a Free Consultation if You Suffered Injuries as a Passenger
Therefore, how much money can a passenger in a car accident get? A car accident claim depends on various circumstances, such as whether one suffered severe injuries, the medical expenses incurred, the insurance companies of both parties, and so much more. To summarize, how much compensation accident victims receive depends on the facts of the accident.
Time is of the essence for injured passengers who want to file a separate personal injury claim.
Victims may have as little as one year from the date of the car accident to file a personal injury case to pursue monetary compensation, based on their jurisdiction. Passengers are no longer entitled to file a damage claim after the deadline. As a result, it's critical to speak with an experienced personal injury attorney about the car accident as soon as possible. A lawyer can quickly file the lawsuit or claim on behalf of the victim and fight for the monetary compensation they deserve.
Contact The Keating Firm Ltd today for a free consultation to a receive fair settlement for punitive damages!