Personal Injury Blog


Passenger_Injuries.jpgMany commercials and advertisements center around what you should do as the driver of an auto accident (or any kind accident, from golf carts to motorcycles, for that matter).

Rarely is there guidance concerning the passenger, or passengers. Truth be told, that shouldn’t be the case at all. Passengers being injured in an accident are just as important as the driver when it comes to accident cases.

You have legal rights as a passenger. In this article, we are going to cover how this can differ from the driver, as well as some tips on next steps to take.

Passenger Injuries

Just because you’re not the driver doesn’t mean you haven’t experienced injuries. Chances are, you’re experiencing similar symptoms as the driver; that, or completely different injuries can result depending on the location of the car’s impact, the weather, and other factors.

Some of these passenger injuries can include:

  • Whiplash
  • Ricocheting on the dashboard
  • Headaches
  • Numbness or tingling in arms and/or legs
  • Fatigue
  • Soreness
  • Back pain

In short, your rights as a legal passenger are the exact same as the driver’s. If you’re in the car and someone rear ends you, you, alongside the driver (when fault is properly assigned, of course), would be able to pursue a claim against the person that hit you.

How This Differs

Did you know that in some cases, as a passenger you may need to file a claim against the driver of the same car you were in? While this isn’t an ideal situation, if fault is on the driver, that’s one of the ways liability can be distributed.

There can be differing percentages (70/30 fault, or 50/50) depending on the situation, but know as a passenger in order to get due compensation for your injuries, this is a possibility.

Also, know that you are able to be more easily cleared to be on a claim, since you didn’t have any direct involvement with the accident. You’re a victim with a minimized chance of an insurance company pinning any percentage of liability on you.

Some pointers for you to know as a passenger are:

  • If you file a claim with the driver’s insurance company, you’re not suing them
  • Regardless of fault, go to a doctor and receive medical attention right away
  • Contact an experienced attorney to gain legal advice on how to proceed
  • Don’t talk to any insurance companies until you have retained an attorney

Next Steps

After an accident, it may seem like everything is confusing, disorienting, and hard to understand. We here at Lowman get it--it’s not easy dealing with insurance companies, the injuries you’ve incurred, as well as taking time off of work if you are too hurt to focus.

As a passenger, the injuries are hard to manage. The key factor to know is that you’re not alone, and an attorney can help guide you through all of the paperwork, and get you back on track.

To learn more, we invite you to contact us or check out some of our free resources!

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