Passenger Accidents
In nearly every situation, the driver of at least one vehicle involved in the accident is at fault — it is seldom the passenger. As a passenger in a car crash, you are also eligible for compensation for your injuries. Who is liable for a passenger’s injuries? In general, the injured passenger can file a personal injury insurance claim against whichever party is found to be at fault for the Passenger accident. It does not matter which vehicle you were riding in — whoever is at fault will be held responsible, whether it was the person driving you or the other car. If a car you are riding in is involved in a single-vehicle accident, then that driver will usually be considered completely at fault. What if a family member is at fault? There’s an important caveat to keep in mind. Say you are riding in a vehicle, and your spouse is driving. The accident would be your spouse’s fault, so you probably won’t be able to file a claim against your spouse’s policy. This is because family members you live with, such as your spouse or child, are generally considered to be insured people under most auto insurance policies. This means that you are barred from making a liability claim against your own policy.
Liability in Accidents Involving Passengers
Liability can become a little more complicated when multiple drivers are found to have contributed to the accident. For example, say Anthony and Brian were driving vehicles and were involved in an accident. Caitlyn was a passenger in Anthony’s car. If Anthony was found to be 30% at fault for the collision and Brian was 70% liable, then Caitlyn would be able to pursue proportional compensation from both drivers. So, if Caitlyn had $10,000 worth of damages, Anthony would be responsible for $3,000, and Brian $7,000.
Do passengers need a personal injury lawyer?
While passengers generally do not have to worry about insurance companies blaming them for the accident, adjusters will still resort to the same old tricks to attempt to diminish your claim’s value. For example, they may try to minimize the severity of your injuries or argue that the accident did not cause them. Having a personal injury attorney negotiate with the insurance companies can help you maximize your settlement. Additionally, just because the insurance company probably won’t blame you for the accident doesn’t mean they won’t try to shirk responsibility. Injured passengers commonly face situations where the drivers’ insurance providers disagree over who is responsible for the accident. It’s easy for a passenger’s rights to be pushed to the backburner during such disputes, so you should consider pursuing legal representation to ensure you are not forgotten.
Car Accident Attorneys in Miami & Broward
There are many different types of personal injury cases. Car accidents are among the most common types of injury or tort cases. Apart from experience, it is also important to find an attorney who has the skills and experience needed to resolve your car accident claim. The car accident lawyers at Suarez and Montero are ready to provide you with top-notch legal services. We take all types of personal injury matters including motor vehicle accidents involving trucks, government vehicles, cars, motorcycles, motorcycles, ATVs, pedestrians, etc. We have the tools and legal experience and would like to put it to work for you! At Suarez and Montero, we would like to help our clients focus on recovering from their injuries while we focus on protecting their legal rights under the law. Our personal injury lawyers are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
