Stepping away from a car accident as a passenger puts you in an awkward position. Whose insurance do you rely on to address your injuries? Who do you blame for any property you lost in the crash? While instinct may tell you that another driver bears the brunt of the responsibility for your losses, that might not be the case.
You don’t have to try and assign fault for your losses without help. A personal injury attorney can meet with you and discuss the duty of care owed to you by every party involved in your most recent accident. With that information on the table, the Thumbs Up Guys can help you take up a civil complaint for the damages you need to recover.
Step 1: Prioritize Your Safety and Medical Care
In the immediate aftermath of a crash, your health comes first. Check yourself and others for injuries and call 911. Even if you feel fine at the scene, you should still seek medical attention as soon as possible. The adrenaline from a crash can mask symptoms of serious conditions, including whiplash, concussion, internal bleeding, and spinal injuries, that may not become apparent until hours or days later.
Getting prompt medical care also creates a documented record linking your injuries to the accident, which is critical for any insurance claim or lawsuit that follows. Keep all medical records, bills, and treatment notes organized throughout your recovery.
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Step 2: Call a Car Accident Attorney
In the hours and days immediately following a car accident, passengers need to cooperate with law enforcement and the emergency responders who help treat their injuries. You should also follow up with your general practitioner to address any health concerns that emerge in the days and weeks ahead.
All the while, you have the right to consider what legal options may be available to you. As an injured passenger, you may have the right to file an insurance claim with your driver’s insurance provider. You may also have the right to take legal action against the party who caused your accident.
It gets easier to work out your post-accident rights if you can discuss your case with a car accident attorney. You can contact an attorney within hours of an accident to begin breaking down the details of your case. You can also rely on an attorney to help you navigate difficult conversations with law enforcement and other people’s insurance providers. The earlier you involve an attorney, the better positioned you are to preserve evidence and meet all filing deadlines.
Step 3: Gather Insurance Information From Every Party Involved
Regardless of who you intend to hold accountable for a car accident, you should make a point to collect insurance information from both your driver and any other drivers involved in the accident. If your accident also involved nearby pedestrians, bicyclists, or other related parties, you can reach out and get their providers’ information too.
You should also:
- Take photos of all vehicles, license plates, and visible damage at the scene
- Get the names and contact information of any witnesses
- Request the police report number from the responding officers
- If you were in a rideshare (Uber or Lyft), screenshot your trip receipt in the app immediately as proof of your active passenger status
- Note the location of any nearby traffic cameras or dashcams that may have captured the crash
Securing this information as early as possible allows you and your attorney to contact the right insurance providers and defend your right to the compensation you deserve.
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Step 4: Understand That Passengers Can Pursue Claims Against Multiple Parties
A driver who takes a passenger into their car owes that passenger a duty of care. Likewise, every other driver on the road owes their peers, and by extension, those peers’ passengers, a duty of care. To prove negligence, your attorney must establish four elements:
- Duty — The defendant owed you a duty of care
- Breach — They failed to uphold that duty (e.g., speeding, running a red light, distracted driving)
- Causation — Their breach directly caused the accident and your injuries
- Damages — You suffered measurable losses as a result
If two cars are involved in an accident, an injured passenger may be able to argue that both their own driver and the other driver violated the duties of care owed to them. This means you have the right to take civil action against the person driving the car you were in, the person who caused the collision, or both. You do not have to pursue both parties if you don’t want to, but doing so can help you secure the full financial support you need.
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Step 5: Know the Value of Your Passenger Injury Claim
You have the right to hold the parties responsible for your accident accountable for the full scope of your post-accident losses. The complaint you file should account for both your economic and non-economic expenses.
Economic damages are based on documented bills and financial losses, including:
- Past and future medical treatment costs
- Rehabilitation and physical therapy
- Property damage, restoration, or replacement
- Lost wages or loss of employment opportunities
- Loss of future earning capacity, if your injuries affect your long-term ability to work
Non-economic damages compensate for losses that don’t come with a receipt but are equally real, including:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium (impact on your relationships with family members or a partner)
In cases involving particularly reckless or intentional conduct, such as a drunk driver causing your accident, punitive damages may also be available as an additional award designed to punish the at-fault party and deter similar behavior.
Let’s Discuss Your Car Accident Today
Car accidents are often more frightening for passengers than they are for drivers. If you were involved in a recent accident and don’t know where you stand, don’t let the stress of your circumstances overwhelm you. You can take civil action against every party responsible for your losses with help from a car accident attorney.
The Thumbs Up Guys can help you assess your circumstances and break down your right to a personal injury lawsuit. You can schedule a free case consultation with our team to discuss the value of your losses and which means of compensation best suits your interests. We’re available to discuss your case online or by phone.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
