Passengers in a car that's involved in an accident may wonder what they can legally do to seek restitution for their injuries. While some passengers might be able to file claims against the negligent party, it's important that you understand the exclusions in this situation. Here are a few things you should know about seeking damages as the passenger of a car in an accident.
Who Was At Fault?
The very first thing that helps to determine your eligibility for damages as a passenger in an auto accident case would be the determination of who is liable for the accident. If you were a passenger of the driver who is found to be responsible for the accident, you may not be able to seek any damages in the case.
What Was The Cause?
Another thing that will affect whether or not you can seek damages is the actual cause of the accident. Depending on what caused it, you may be found to have knowingly taken an irresponsible risk, which is negligence on your part.
For example, if the driver was intoxicated or otherwise impaired, and you knowingly got into the car with them, you would be considered negligent in your own injuries, and therefore ineligible for damages. There are other situations where you could be considered negligent in your injuries, including situations where the driver was speeding, talking on the phone, or ignoring road hazards.
Can Passengers Be Liable For The Accident?
In most cases, passengers cannot be held solely liable for a car accident. However, if a passenger in the car grabs the steering wheel, or otherwise tries to take control of the car, and this action causes an accident, that individual could be held liable.
However, in that case, they would not be considered a passenger at that point. If the liable individual was attempting to take control of the car, they become a driver when they do so. At that stage, they can legally be found liable for the accident.
Make sure you talk with a car accident attorney right away if you've been involved in an accident that caused injuries. The attorney can help you determine who was liable and what your rights are for seeking damages. The more proactive you are about protecting your rights by working with an attorney, the better your chances will be of obtaining the restitution you need for your injuries.
The world is a crazy place, and you never know when you will be faced with an uphill legal battle. I didn't used to feel like I was at a high risk for being sued, but after dealing with various business concerns, I could tell that I needed to procure an attorney. I was faced with a few problems such as managing my employees and dealing with a pending lawsuit, and I didn't know what to do or how to go about managing various issues. Fortunately, my lawyer understood what we needed to do to work things out, and we managed things appropriately. On this website, find out how to identify your rights and take care of business.