Know more about your legal rights as an injured passenger
Being a passenger in a car accident in Texas can be overwhelming, especially when facing the physical, emotional, and financial toll of a serious car crash. Passengers have no control over what happened, leaving them feeling vulnerable and confused after a serious car accident. This is especially true if someone got hurt while riding in a car driven by a friend or family member.
Passengers are almost never liable (legally responsible) for causing an accident. But that doesn’t mean the process for getting the financial compensation they deserve will be straightforward. Insurance companies often try to reduce payouts or even deny injury claims, leaving injured passengers frustrated and sometimes even forced to pay for their accident-related expenses out of their own pocket.
In order to successfully navigate through this challenging legal system, it’s important to know how liability works in Texas and the role of insurance when attempting to recover fair compensation. With the help of an experienced Texas car accident lawyer, injured passengers can fully understand their rights, build a strong case, and work towards receiving the maximum financial compensation.
How common are car accident passenger injuries?
Car accident passengers often get hurt in serious accidents, especially in larger cities in Texas with heavy traffic like Houston and Dallas. During any motor vehicle accident, passengers face a significant risk of injury because they have no control over the situation. They rely entirely on the driver and other drivers on the road to act responsibly.
In addition, passengers in the back seats and front passenger seat statistically sustain more injuries than the driver of the vehicle. This is especially true in certain types of accidents, including:
- Head-on collisions.
- Rear-end accidents.
- T-bone or side impact accidents.
- Intersection accidents.
- High-speed collisions.
When a collision happens, passengers often suffer the most serious injuries, especially in multi-vehicle accidents involving reckless or drunk drivers, which are very common types of accidents in Texas.
Another reason why passengers often sustain severe injuries is because they don’t have the same protection as drivers, especially back-seat passengers, who often don’t have airbags to protect them in the event of a collision.
Common passenger injuries in car accidents
Passengers in car accidents often suffer from a wide range of injuries, many of which can lead to long-term medical issues and complications. These injuries vary based on the severity of the crash, where the passenger was seated at the time of the collision and other factors. Common car passenger injuries include:
- Brain injuries: Traumatic brain injuries (TBIs) can result in long-term cognitive, emotional, and physical impairments.
- Head injuries: Skull fractures and other types of head injuries often caused by a passenger hitting their head on the inside of the vehicle upon impact.
- Neck and back injuries: Herniated discs or spinal injuries frequently lead to chronic pain or, in severe cases, long-term disability.
- Internal injuries: Internal bleeding and organ damage is common.
- Cuts and lacerations: Broken glass or metal from the vehicle can cause deep cuts, requiring stitches or even surgery.
- Psychological injuries: Emotional distress, such as PTSD, anxiety, or depression, often follows a traumatic crash.
- Burns: A collision that results in a fire or airbag deployment can cause burn injuries, which may need extensive medical care.
- Shoulder injuries: The impact of a crash can dislocate shoulders or tear rotator cuffs, which often need rehabilitation.
- Knee injuries: Passengers may strike their knees against the dashboard, causing ligament damage or fractures that require surgery.
Emotional trauma can also significantly affect passengers and impact their recovery. Consulting a lawyer allows injured passengers to address both physical and emotional damages (legal term for financial compensation) when seeking money for their accident-related expenses.
What is the average car accident settlement for an injured passenger?
The average car accident settlement (one-time payment) for an injured passenger can vary significantly depending on many different factors. A settlement should take into account the severity of the passenger’s injuries, the cost of all medical treatment, lost income and the extent of any long-term impact, such as a permanent disability or inability to work. For minor injuries, settlements may range from a few thousand dollars to cover medical bills and some pain and suffering. For more severe injuries, settlements can increase substantially, sometimes reaching six figures or millions of dollars, particularly if an injury results in a permanent disability.
The available insurance coverage also plays a significant role in determining settlement amounts. In Texas, at-fault drivers must carry bodily injury liability insurance with a minimum limit of $30,000 per person and $60,000 per accident. If multiple passengers suffer injuries, the per-accident limit may be a limiting factor in how much compensation each passenger receives. In cases where the at-fault driver has limited coverage, injured passengers may need to explore other sources of financial compensation, such as their own uninsured or underinsured motorist coverage.
Because no two accidents are the same, there is no single average settlement amount for an injured passenger. Working with an experienced Texas car accident lawyer often helps injured passengers determine the value of their claim and fight for the maximum financial compensation.
How is liability determined after a Texas car accident?
Liability is a legal term that refers to who is legally responsible for paying for an accident. Determining liability after a Texas car accident often involves evaluating the actions of all parties involved to identify who acted negligently. Factors such as driver behavior, road conditions, and potential vehicle defects all play a role in assessing liability. Police reports are often crucial, as they contain observations from law enforcement officers who arrived at the scene and may include citations issued to the at-fault driver. Witness statements can also provide valuable insight into how the accident occurred and who was responsible.
An experienced attorney can work to reconstruct the accident by analyzing evidence such as photographs, video footage, and vehicle damage. They may also consult with accident reconstruction experts who can provide a professional assessment of how the crash occurred. By collecting and presenting this evidence, an attorney can build a compelling case to establish fault, ensuring that injured passengers receive the compensation they deserve for their injuries, medical expenses, and pain and suffering. The goal is to clearly demonstrate that the liable party’s negligence directly caused the accident and resulting injuries.
What expenses can injured passengers be compensated for in Texas?
Injured car passengers should be financially compensated for all financial losses due to their accident, both short-term and long-term expenses. Such compensation can cover a wide range, including money for:
- Emergency medical care, including ambulance fees, hospital fees, diagnostic medical tests and compensation for prescription medications.
- Rehabilitation costs, including physical therapy and specialized treatments necessary for full recovery.
- Future medical expenses, particularly for injuries that require long-term care, such as surgeries, chronic pain management and future doctor’s visits.
- Replacement income or lost future income, especially if an injured passenger cannot work while they’re recovering from their injury or cannot return to work in the future due to a permanent disability.
- Loss of enjoyment of life, if the injuries sustained significantly limit your ability to engage in activities you previously enjoyed.
Obtaining compensation for all of these losses often requires extensive negotiation and evidence gathering. A knowledgeable attorney can help injured passengers present a compelling case that accounts for the full impact of their injuries on both their financial situation and quality of life.
Who pays for an injured passenger’s medical expenses?
Many times, injured passengers can turn to additional sources of compensation to cover their accident-related medical expenses, including:
- Personal injury protection (PIP) coverage, which may be available under the insurance policy of the vehicle the passenger was traveling in at the time of the crash.
- Uninsured/underinsured motorist coverage, which may be utilized if the at-fault driver lacks sufficient coverage to pay for injuries.
- Medical payments (MedPay) insurance, if available, can provide immediate relief for medical expenses regardless of fault.
Identifying all potential sources of compensation can be complicated, particularly when multiple parties are involved. A skilled lawyer can assess your situation and ensure that you receive the compensation you deserve from all applicable sources.
Can a passenger be at fault in a Texas car accident?
In rare cases, a passenger can be partially liable if they knowingly distract the driver or contribute to unsafe conditions. Additional scenarios where a passenger might share some liability include:
- Encouraging the driver to engage in risky behavior, such as racing or running red lights.
- Physically impairing the driver’s ability to operate the vehicle safely, such as by grabbing the gear shift or steering wheel at a crucial moment.
While these instances are rare, insurance companies may attempt to assign blame to passengers to minimize payouts. Having an experienced attorney can help protect your rights and fight against any claims of passenger liability.
Take the relationship out of the accident
It can be hard to pursue compensation when a friend or family member is involved, especially with emotions running high after an accident. A lawyer can handle all communications with the at-fault driver’s insurance company, allowing you to keep personal relationships intact while still pursuing the compensation you need.
If you were injured as a passenger in a Texas car accident, consult a lawyer to discuss your options. Many accident attorneys work on a contingency basis, meaning there are no upfront costs, and you pay only if they win your case. Seek the justice and compensation you deserve – contact an experienced Texas car accident lawyer for a free consultation.
Should an injured car passenger accept a settlement or file a lawsuit?
Deciding whether to accept a one-time settlement or file a lawsuit is an important decision for an injured car passenger. Settlements can provide a quicker resolution, allowing passengers to receive compensation without the stress and time sometimes associated with a court battle. Insurance companies often prefer settling an accident claim in order to avoid the cost of litigation. This approach can work in favor of an injured passenger, especially if the settlement offer covers all medical expenses, lost wages, and other damages.
However, getting a fair settlement offer can be difficult. Many times, insurance companies don’t make a reasonable settlement offer that takes into account all current and future accident-related expenses. Instead, many insurance companies make a lowball settlement offer that does not even come close to covering all expenses. And once an injured passenger accepts a settlement offer, that’s it. Their claim is closed and they cannot ask for additional money in the future, even if their accident expenses increase dramatically in the future.
This is why it’s critical that injured car passengers carefully consider any settlement offer before agreeing to accept it. Many times, filing a lawsuit might be the better option if the settlement offer is too low or if the insurance company denies your claim unfairly. By filing a lawsuit, injured passengers have the opportunity to present their case in court, potentially securing a higher amount of compensation, especially for severe injuries or those that result in permanent disabilities.
Before making a decision, it’s wise to consult with an experienced car accident lawyer. A lawyer can evaluate the strength of your case, estimate the value of your claim and advise whether a settlement offer is fair. With a lawyer’s guidance, you can make an informed choice that considers both the immediate and future impact of your injuries, making sure you receive the compensation you need to recover.
Who can an injured car passenger sue for damages in Texas?
An injured car passenger in Texas has the right to seek compensation from any party responsible for causing the accident. Typically, the most common party to sue is the driver whose negligence caused the collision. This may include:
- The driver of the car in which the passenger was riding.
- The driver of another vehicle involved in the crash.
- Both drivers if more than one driver shares responsibility for the accident.
- The company that manufactured the car, especially if a vehicle defect contributed to the accident. Examples of vehicle defects include faulty brakes, malfunctioning airbags or defective tires.
- An insurance company or companies for all at-fault parties.
Why hire a Texas car accident lawyer?
A Texas car accident lawyer can help injured passengers in many ways. They can:
- Handle communications with insurance companies: This prevents injured passengers from making statements that could harm their claim.
- Gather crucial evidence: This includes collecting medical records, accident reports, and witness statements to build a solid case.
- Negotiate with opposing parties: Insurance adjusters often try to minimize payouts, but an experienced lawyer can push for a fair settlement.
- Represent clients in court: If an injured car accident passenger decides to file a lawsuit, their attorney can be there with them for all court appearances and file the necessary paperwork related to a car accident injury lawsuit.
With their knowledge of the claims and legal process, a Texas car accident lawyer can skillfully navigate a case through the legal system and all the complexities that often arise in such situations. And most importantly, an attorney can pursue the maximum financial compensation for injured car accident passengers while they focus on recovering from their traumatic event.
If you or a loved one was hurt in a car accident, contact an experienced car accident lawyer for a free consultation.
