Can a Passenger Involved in a Car Accident Sue? Read First

You are riding in a car with your friend behind the wheel when suddenly everything changes. You are in the passenger seat when suddenly a dramatic car accident takes place. You have substantial injuries from the accident and need to find a way to pay for all of the medical costs to come. Can you sue for damages from a car accident if you are the passenger?

What Are My Rights as a Passenger in a Car Accident?

If you are the passenger of a car that gets into an accident, you have many of the same rights as the driver, and in many cases have rights where the driver does not. If you are the passenger in a car accident in which the other driver is at fault, you can sue the driver of the at-fault car for damages. If both drivers are equally at fault, then you can sue both for damages, and if solely the driver of the car you are in is at fault or it is a one-car accident, then you can sue your driver for damages.

When is the Passenger at Fault for the Accident?

As a passenger, you can’t be at fault for the accident. That means you are entitled to recover the full amount of compensation from a car accident to pay for damages, and to sue both drivers. The ability to sue both drivers can be very valuable, as some insurance policies have restrictive compensation limits. If your damages are higher than the individual limits, you can sue both drivers to pay for your medical and emotional damage.

What is Comparative Fault?

While you are never at fault for an accident when you are a passenger, there are a few scenarios in which you may not be eligible for full compensation. This is called comparative fault.

An example of comparative fault is if you get into a car with a driver you know to be intoxicated above the legal limit. On the drive, they get into an accident and you get injured. If you attempt to sue for compensation, the insurance company may deny your claim since you knew the driver was intoxicated. In the eyes of the law, this means you assumed the risk that a car accident and injury may occur.

While compensation can sometimes be denied entirely for comparative fault or comparative negligence, most of the time you simply get a lesser settlement. For example, in the case of the drunk driving incident above, if it was determined you were 30% responsible for the accident by getting into the car with a drunk driver, you will only get 30% of your needed compensation.

Passenger Accident Attorney at Bates Law in San Diego

If you are the passenger in a vehicle that gets in a car accident and you suffer injuries as a result of the accident, contact a passenger accident attorney at Bates Law, APC in San Diego. Our personal injury lawyers have experience getting cash compensation to pay for damages for the passengers in a car crash.

If you are interested in learning more or would like to schedule a consultation, contact Bates Law, APC in San Diego today. Give us a call at (619) 222-0900.