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Filing a Claim as a Passenger Injured in a Car Accident

Posted on behalf of Stephens, Anderson & Cummings on Dec 03, 2018 in Auto Accidents

driver and passenger react before crashingTypically, car accident claims are filed by drivers who are injured in an accident. However, passengers who suffer an injury due to a driver’s negligence may be entitled to legal action. Nevertheless, many people are unaware of their right as a passenger to file a claim against the at-fault party to recover compensation.

If you have been injured in a car accident as a passenger, contact Stephens, Anderson & Cummings for quality legal representation. Our Fort Worth car accident lawyers have helped numerous victims obtain the justice and compensation they deserved after being injured by a negligent driver. We can explain your legal rights during a free, no-obligation consultation so you can learn whether you may be entitled to compensation from the at-fault party.

Determining Fault

As a passenger, determining which party is at fault for the accident that caused your injury may depend on how many vehicles were involved.

Single-Vehicle Accidents

In a single vehicle accident, the driver is usually at fault. Single-vehicle accidents are often caused by driver negligence. This may occur when the driver becomes distracted by his or her cellphone or is operating the vehicle while impaired by drugs or alcohol.

For example, a single-vehicle accident may occur when a motorist begins to text while driving and crashes into a fixed object, like a tree. If the driver is traveling with a passenger who is injured during the crash, the driver can be held liable for his or her injuries.

Multiple-Vehicle Accidents

Determining fault can be more complicated if multiple vehicles are involved in the crash. This may depend on several circumstances surrounding the crash. A Fort Worth personal injury lawyer will examine the accident to determine which driver’s negligence may have caused the collision. This includes establishing fault by using evidence such as:

  • Witness statements
  • Accident report
  • Photographs or video of the accident scene
  • Photographs of damage to vehicles

File a Claim with the At-Fault Party’s Insurance Company

Texas uses an at-fault insurance system for car accident claims. This means you must file a claim with the at-fault party’s insurance company to recover compensation after an accident. If you were involved in a single-vehicle collision, you will need to file a personal injury claim with the driver of the vehicle you were occupying.

If multiple vehicles are involved in a collision, however, you may file a claim with each party’s insurance company. The amount of compensation you seek from each party involved in your accident will depend on their level of involvement and the degree of negligence they displayed during the accident.

What if More than One Driver is at Fault?

When more than one driver is at fault for a car accident, Texas uses the rule of comparative fault to determine each party’s liability.

Under comparative fault, the actions of each party involved in the accident will be considered to determine their liability. Each driver is assigned a certain percentage of fault that is attributed to their individual negligence. 

The percentage determines the amount of compensation each driver is required to pay the injured passenger. For example, if a passenger sustained $100,000 in damages, and the driver of the car he or she was in was found 30 percent at fault, that driver would be responsible for $30,000. If the other driver is found to be 70 percent at fault, he or she would be responsible for $70,000. 

Schedule a Free Consultation with an Attorney

If you were injured as a passenger in a car accident, it is important that you understand your legal rights. Contact Stephen, Anderson & Cummings to discuss your legal options with a skilled attorney during a free case review. You may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.

Our attorneys are experienced at handling all types of car accident claims, including passenger injury claims. We can discuss the specific circumstances surrounding your claim and detail your legal options during a free, no obligation consultation. We work on a contingency fee basis, so you only have to pay for our legal services if we successfully help you recover compensation for the damages you sustained.

Call (877) 920-9009 to schedule a free consultation.