What Are My Rights as an Injured Passenger in a Car? A Car Accident Attorney Explains.

As a passenger in a car, you have the right to expect that your safety and well-being will be looked after. The person driving should follow the rules of the road, and they should not take risks when driving. When in the car with someone else behind the wheel, you have no power. Your life is in their hands; and if it has been endangered in any way, then you can hold the parties responsible for any injuries sustained in an accident. Drivers are not the only ones with legal rights and interests after an accident. If you have been injured as a passenger in a car accident, then you should call an experienced car accident attorney and get the compensation you deserve. 

What Are My Rights as an Injured Passenger in a Car

The Claims You Can Make 

To answer the question directly, you can receive compensation for either party involved in the accident or both. This means that you may deal with the insurance company of the party that hit the vehicle that you were a passenger in or you may receive compensation from the insurance company of the car you were riding in. You may also be able to get compensation from both parties. As you can see this may be very complicated and require the legal expertise of an experienced car accident attorney.

Under Texas law, you can make a claim against the driver of the vehicle in which you were a passenger and the driver’s insurance company. If the driver is not the owner of the car, you can file suit against the latter. All these options can be exercised regardless of who was at fault for the accident. You can also make a claim against the driver of the other vehicle involved in the accident and their insurance company. 

You should bear in mind that Texas is a comparative fault state. This means that the drivers involved in the accident have a percentage of fault for the accident. So one driver may be 80% at fault for the accident and the other party is therefore responsible for 20% of the accident. This means that one of the drivers involved in the accident may have a higher pay out. If your loss amounts to more than what is covered by your driver’s or owner’s insurance, then you may be able to make up the difference by getting money from the other driver. If you have substantial injuries, medical bills and lost wages, you will want the services of an experienced car accident attorney to assist you in maximizing your claim.

The above information applies to personal accidents. If you were injured in an Uber or Lyft vehicle, you should expect a higher settlement. Both companies offer liability coverage of up to $1 million for death, bodily injury, and property damage. This will only kick in if the driver’s insurance does not cover what you are owed. If you are injured while riding with Uber or Lyft it would be advisable to have a car accident attorney on your side that understands how to deal with these types of accidents. 

Taking Legal Action 

Insurance companies try to minimize the amount of money they must pay to settle a claim. If you were seriously injured in an accident, or if the accident has brought financial strain and has nearly ruined your life, then you should not settle for the low-dollar figure that the insurance company may offer you. 

To get the compensation you deserve, you will need to hire a car accident attorney. Such a professional will have the insight, expertise, and experience you need to make the responsible parties pay. Your attorney will gather the evidence necessary to prove that the recklessness, negligence, or inattention of one of the driving parties caused the accident, that you have suffered great physical, mental, and emotional pain because of it, and that you are owed compensation. Your attorney will gather the police report, eyewitness statements, traffic camera video, and forensic evidence from the crash site to make your case. If one of the drivers was speeding, sending texts while driving, or under the influence of drugs or alcohol, your lawyer will find out about it. 

In the end, you will probably be able to settle the case out of court. To get the settlement you deserve, you must call an experienced and effective car accident attorney.

Contacting a Car Accident Attorney 

If you need a car accident attorney, then you should call our law offices today at any of our convenient locations and get a free consultation.  

Arlington (817) 522-4451

Dallas (972) 362-6848

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McKinney (469) 522-3688

Lewisville (972) 354-4605

Frisco (972) 725-7681

Grapevine (817) 835-8677

Irving (972) 354-4610

Keller (817) 204-0904

Garland (214) 572-2251

Denton (940) 222-4060

Addison (972) 564-8108 

You can also contact us online by using our quick contact form.

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