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Have you been in an auto wreck as a passenger and need to know if you can sue? Yes, as a passenger involved in a car accident, you have the right to sue for damages but each state may have its own requirements of what’s needed to bring a successful claim. Luckily, a Charleston car accident lawyer can assist with that.
When considering legal action as a passenger, it’s important to understand the factors that can influence your case. Your ability to claim compensation often hinges on the circumstances surrounding the accident, including who was at fault and whether negligence played a role.
Discover your legal rights, the best action to take, and what information may be needed to bring a successful personal injury lawsuit. You deserve fair compensation. Your South Carolina injury law firm can help you get it.
How to Gather Evidence to Support A Passenger Car Accident Claim in South Carolina
Gathering evidence is crucial for building a strong passenger car accident claim in South Carolina. Our Charleston personal injury lawyers suggest taking the following steps to effectively collect information to support your insurance claim against the at fault driver.
Document the Accident Scene
Use your phone to capture clear images of the accident scene, including vehicle positions, damage, road conditions, traffic signs, and any relevant environmental factors. If possible, record a video of the scene to provide a comprehensive view of the accident.
Collect Witness Information
Speak to bystanders who saw the accident and ask for their names and contact information. Their testimonies can be invaluable in establishing what happened. If witnesses are willing, ask them to provide written statements about what they observed.
Obtain a Police Report
Ensure that the police are called to the scene and file a report. Request a copy of this report, as it contains important details such as the officers’ observations, involved parties, and any citations issued. Some local police departments may have a specific process for obtaining accident reports, so check their guidelines.
Gather Medical Records
After the accident, get a thorough medical evaluation, even if you feel fine. Document all injuries and treatments received. Collect copies of medical bills, treatment records, and any prescriptions related to your injuries. This documentation will be essential for proving your damages.
Collect Insurance Information
Make sure you have the insurance information of all drivers involved in the accident, including their policy numbers and contact information. Understand the coverage limits of both your policy and the other drivers’ policies, as this will influence your claim.
Keep a Personal Journal
Maintain a journal detailing your experience after the accident, including physical and emotional struggles, daily activities impacted, and any changes in your quality of life. Keep track of all expenses related to your recovery, such as medical costs, transportation, and any lost wages.
Consult an Attorney
A car accident lawyer can help you identify what evidence is most relevant to your case and assist you in gathering it. They can also help assess the strength of your claim and guide you through the legal process.
Use Expert Testimony
In some cases, expert testimonies from accident reconstruction specialists or medical professionals may be helpful in establishing liability and the extent of your injuries.
Common Injuries That Passenger Accident Victims Sue For
Passengers involved in motor vehicle accidents often suffer a range of injuries, some of which can lead to long-term consequences. Understanding the common injuries that injured passengers may face can help in the accident settlement process. Here are some of the most prevalent injuries:
Whiplash
Whiplash is one of the most common injuries in car accidents. It occurs when the head is suddenly jolted forward and then backward, straining the neck muscles. This can result in chronic pain and stiffness, affecting daily activities.
Fractures
Broken bones are another frequent outcome for passengers in accidents. Depending on the severity, fractures can require extensive medical treatment and long recovery times. Permanent injuries, such as loss of mobility, can occur if the bones do not heal properly.
Traumatic Brain Injuries (TBI)
TBIs can result from blunt force trauma during an accident. Even mild concussions can lead to long-term cognitive issues and emotional problems, making it vital for injured passengers to seek medical attention immediately.
Back and Spinal Injuries
Injuries to the back and spine, including herniated discs and spinal cord injuries, can have devastating effects on a passenger’s quality of life. These injuries may result in chronic pain or even paralysis, leading to significant compensation claims.
Soft Tissue Injuries
Soft tissue injuries, such as sprains and strains, are common in accidents. While they may seem minor initially, they can lead to ongoing pain and discomfort, affecting a passenger’s ability to work and enjoy life.
Internal Injuries
Internal injuries, including damage to organs, can be life-threatening and often require immediate medical intervention. These injuries may not be immediately apparent, making it essential for injured passengers to undergo thorough medical evaluations after an accident
What Information Is on a South Carolina Car Accident Police Report?
When filing an accident claim, the police report is used to help determine fault to the fullest extent. The following information will support your claim as a passenger victim.
Basic Information and Parties Involved
A police report includes essential details such as the date, time, and location of the accident, along with names, contact information, and insurance details for all drivers involved. It also lists vehicle information, including make, model, and license plate numbers.
Accident Description and Witness Accounts
The report provides a narrative of the events leading to the accident, including any traffic violations observed by the officer. It may also contain witness statements and a diagram illustrating vehicle positions and directions of travel.
Injuries, Officer Observations, and Case Number
The report documents any injuries sustained and medical assistance provided. It includes the officer’s observations regarding fault and any citations issued. Each report has a unique case number for tracking purposes, which is essential for reference in claims or legal proceedings.
Passengers Can Sue After a Car Accident
Passengers, like other motorists, have the right to take legal action in the wake of a car accident. In many ways, passengers have more rights to legal action than the average driver or motorist on the road. That’s because other drivers on the road and the driver of the car a passenger is in owe that passenger a duty of care.
Passengers can bring forward evidence of a violated duty of care and subsequently demand damages for their losses from both their own driver and the driver who instigated an accident. Our lawyers can walk survivors through the process of composing these complaints and defending them before either a judge or the at-fault parties’ representatives.
Suing a Corporate Rideshare Service
If you get into an accident while in a rideshare vehicle, the question of liability can rapidly become complicated. Do you hold another driver, the rideshare driver, or the rideshare company liable for your losses?
The answer to that question depends on the nature of your accident. There’s a good chance that you’ll be able to divide liability between another driver and your rideshare driver’s employer. You won’t, however, ever bring a lawsuit specifically against the person driving the rideshare vehicle you were in at the time of an accident.
If you were active en route from one location to another, then your rideshare driver should have been protected both by their company’s insurance and their legal team. You can work with a car accident lawyer to determine the division of fault between applicable parties.
How to Build a Passenger’s Personal Injury Claim
Should you choose to move forward with a personal injury claim, you need to fill out the appropriate paperwork and submit it to a civil court before your statute of limitations passes. After a car accident, your personal injury complaint should:
- Identify the person or party that you believe caused your car accident, including your vehicle’s driver
- Present evidence of the negligence that the aforementioned party exhibited
- Elaborate on your role as a passenger in a car accident
- Estimate the overall value of your case
Your complaint must be as comprehensive as possible if you want to secure the financial support you need to recover from your accident.
Establishing the Duty of Care Owed to You
If you want your car accident claim to move forward, you must have the means to prove that you were owed a duty of care as a passenger at the time of your accident. Passengers may have to prove this duty on two fronts, as passengers can claim that both their own driver and another motorist owed them a duty prior to their crash.
When it comes time to prove duty of care, look to the available evidence. Can you prove that your driver was distracted or reckless behind the wheel? Is there video or photo footage of the other driver’s negligence? What do bystanders and expert witnesses have to say? You can work with an attorney to gather hard data from the scene of your accident.
Passengers Deserve Car Accident Damages
When you move to file a car accident claim, you can highlight the losses you endured as a result of someone else’s negligence. You can then demand that a liable party, be that a corporation or an individual, help you contend with those expenses.
You can specifically include all of the following losses in your request for support, provided you can back your claim with support:
- Medical expenses related to your recovery
- Property replacement and/or repair
- Lost wages while recovering
- Emotional distress and/or mental anguish
- Pain and suffering
If your car accident was particularly severe, a judge may choose to award you punitive damages based on your losses. Passengers cannot request punitive damages in an initial complaint, nor can they receive punitive damages if they negotiate a settlement.
Submit a Passenger’s Car Accident Claim Within Your Deadline
While passengers retain the right to take legal action after a dangerous car accident, they must do so within South Carolina’s legal deadline. South Carolina Code of Laws section 15-3-530 gives personal injury accident survivors, including car accident victims, no more than three years to bring a civil claim before a judge.
You must file your claim within this time period, or else South Carolina courts can waive your right to compensation. Fortunately, a car accident attorney can guide you through the process of establishing fault and calculating your possible compensation. It’s our job to see your case through while you focus on recovering from your losses.
Passengers Have Rights After a Car Accident
Whether you’re the passenger in a friend’s car or riding in a rideshare, you have the right to feel safe. In the wake of a dangerous accident, you can work with a personal injury attorney to file a car accident claim against one or all of the drivers involved in your accident. The Thumbs Up Guys can help you compile the information you need to argue for damages.
You can contact our team today to learn more about a passenger’s rights or to schedule your initial case consultation. You can reach us by calling our office or contacting us via our online contact form. The sooner you get in touch, the sooner our team of experts can set you down a path toward car accident compensation.
