Passenger Rights in Car Accident Cases
Car accidents can be traumatic experiences, especially for passengers who may not have had any control over the situation. If you are a passenger who has been injured in a car accident, it’s important to know your rights and seek the guidance of an experienced car accident attorney. At the Law Firm of Oscar Ischiu, Esq, we have been serving the Los Angeles and greater West Covina area for many years and have the expertise to help you navigate the legal process.
Understanding Liability
When it comes to car accident cases, liability is a crucial factor in determining how compensation will be awarded. In most cases, the driver of the car in which the passenger was riding is held liable for any injuries suffered by the passenger. However, there are situations where multiple parties may be held liable, such as in a multi-vehicle collision or in cases where a vehicle defect contributed to the accident.
Pursuing Compensation
As a passenger in a car accident, you have the right to pursue compensation for any injuries or damages suffered. This can include medical expenses, lost wages, and pain and suffering. It is important to note that as a passenger, you are not able to seek compensation from the driver of the car you were riding in, as they are considered a “co-victim” in the accident. Instead, you would seek compensation from the liable party or parties, often through their insurance company.
Examples of Liability in Passenger Car Accident Cases
In a single-vehicle accident, the driver of the car is typically held liable for any injuries suffered by passengers. For example, if the driver of a car loses control and crashes into a tree, causing injuries to the passengers, the driver would be liable for those injuries.
However, liability can be more complex in multi-vehicle accidents or accidents caused by a defect in the vehicle. In a multi-vehicle accident, multiple parties may be held liable for the injuries suffered by the passenger. For example, if a driver runs a red light and causes a collision with another car, injuring the passengers in both cars, both drivers could be held liable for the injuries suffered by the passengers.
In some cases, a defect in the vehicle may have contributed to the accident and the injuries suffered by the passengers. In this instance, the manufacturer of the vehicle or the company responsible for maintaining the vehicle may also be held liable.
Pursuing Compensation
Passengers who have been injured in a car accident have the right to pursue compensation for their injuries, including but not limited to: medical expenses, lost wages, pain and suffering, emotional distress and loss of consortium. For example, if a passenger suffers a broken arm in a car accident and has to miss work, they may be entitled to compensation for lost wages.
In addition, if a passenger suffers emotional distress due to the accident, for example, post-traumatic stress disorder (PTSD) or anxiety, they may be able to seek compensation for that as well.
What to Do After a Car Accident
If you are a passenger in a car accident, it’s important to take certain steps in order to protect your rights and pursue compensation for any injuries or damages you may have suffered.
The first thing you should do is seek medical attention for any injuries, even if they may seem minor. It’s important to document any injuries as soon as possible, as this can be crucial in any legal proceedings.
Next, gather information about the accident, including contact and insurance information from the driver of the car you were riding in and any other drivers involved in the accident, as well as the names and contact information of any witnesses. Take pictures or videos of the scene of the accident and any damage to the vehicles involved.
Personal Injury Lawyer Near West Covina
Being a passenger in a car accident can be a traumatic experience, but it’s important to know your rights and seek the guidance of an experienced car accident attorney. At the Law Firm of Oscar Ischiu, Esq, we have been serving the Los Angeles and greater West Covina area for many years and have the expertise to help you navigate the legal process and get the compensation you deserve for any injuries or damages you may have suffered.
If you have been injured as a passenger in a car accident, don’t hesitate to reach out to us today to schedule a consultation. We will work tirelessly to ensure that your rights are protected and that you get the compensation you deserve.
