Injured as a passenger in a crash? A verified attorney can help you navigate a complicated situation
Imagine you're sitting in the back of a friend's car when, suddenly, another vehicle runs a red light and crashes into the side of the car. The impact throws you against the door, and despite wearing a seatbelt, you suffer severe injuries, including a fractured arm and a concussion. In this scenario, while your friend, the driver, deals with determining fault and handling insurance claims, you're left focusing on how you’re supposed to receive proper medical treatment and compensation for your losses while you recover.
Passengers injured in car accidents in New Mexico often face unique challenges compared to drivers. In New Mexico, passengers account for more than one-third of fatal motor vehicle accident victims, a higher percentage than the national average of around 30 percent. The injuries passengers sustain can vary significantly based on factors such as their position in the vehicle, whether they were wearing seatbelts, and whether airbags were deployed during the crash.
From a legal standpoint, recovering compensation for medical bills and other accident-related expenses can become extremely complicated. As an injured passenger, you might need to file claims against multiple parties, such as your friend (the driver of your car) and the drivers of other vehicles involved. That’s why it's so important to consult a verified New Mexico car accident attorney who can protect your rights and help you identify all potential sources of compensation.
How often are passengers injured in car accidents?
Most car rides in the U.S. carry one occupant – the driver – therefore, a lot of injuries reported after a crash involve drivers. However, some research shows that passengers are at a higher risk of several types of severe and fatal injuries. Common injuries suffered by passengers in car accidents include whiplash, concussions, broken bones, soft tissue injuries, and psychological trauma. One study determined that:
- Front passenger mortality is slightly higher than in drivers.
- Rear seat passengers are at greater risk for traumatic brain injuries than front seat passengers and drivers.
- Drivers are less likely to suffer from serious abdominal injuries than those seated in the front and rear of the vehicle.
With the largest population, Bernalillo County usually reports the most passenger deaths annually. However, in a typical year, some New Mexico counties - Quay, McKinley, and Hidalgo – may report more passenger than driver deaths, according to federal statistics.
Passengers injured in New Mexico car accidents are entitled to the same compensation as other victims. Still, they may face challenges like identifying the liable party's insurance or dealing with insurers' undervaluation of claims.
Can a passenger claim compensation?
Injured passengers in New Mexico are entitled to seek compensation for their medical bills, lost wages, and other related expenses, regardless of where they were sitting in the vehicle.
The amount and type of compensation available depends on several factors, including the severity of the injuries, any short—or long-term disabilities, and thorough medical documentation.
Compensation for injured passengers can be recovered through:
- Claims against the driver's insurance policy: This includes the insurance of the driver of the car (host vehicle) you were in.
- Claims against third-party drivers involved in the accident: If other drivers were at fault, you could pursue claims against their insurance as well.
- Personal injury protection (PIP) benefits: If available, these can cover medical expenses and lost wages.
- Uninsured or underinsured motorist coverage: This is applicable if the at-fault driver doesn't have enough insurance to cover the damages sustained by the injured passenger.
Stacking insurance coverage can often be a viable option if you’re injured in an accident as a passenger in New Mexico. This means that you may be able to combine multiple insurance policies, such as the uninsured/underinsured motorist coverage from your own insurance and the policies of other vehicles involved, to increase the total compensation available. This is especially useful when one policy does not fully cover the extent of the damages.
In some cases, it may be necessary to file a personal injury lawsuit to seek damages that exceed the policy limits or to address losses not covered by insurance. This can also be an option if an insurance company denies your claim or doesn't offer a fair settlement.
A verified car accident attorney can help identify the responsible parties, guide you through the legal steps, and work to maximize your compensation as an injured passenger.
How much money can a passenger in a car accident get?
The compensation you receive as an injured passenger in a car accident depends heavily on specific details. For example, a passenger sustaining a spinal injury with permanent paralysis could be awarded a seven-figure settlement, accounting for lifelong medical treatment, accessibility modifications for living spaces, loss of income, and personal suffering. In contrast, a passenger with a broken arm who is expected to recover fully might receive a settlement covering medical costs plus additional compensation for temporary discomfort and inconvenience.
Unique circumstances and increased potential for long-term or permanent physical, emotional, and financial impact can influence the settlement received. Any settlement an injured passenger receives should reflect the heightened care needs, potential for additional suffering, and greater disruption to life that they may experience as a result of the accident.
For instance:
- Child passengers who are injured might require long-term medical care, which could increase the settlement due to future medical costs, as seen in cases where settlements reach hundreds of thousands or even millions if lifelong care is needed.
- Elderly passengers may suffer from more severe fractures from a crash, such as hip fractures, which can result in higher settlements to cover extensive rehabilitation or long-term nursing care.
- Passengers with pre-existing conditions could argue that the accident exacerbated their condition. This could lead to a larger settlement, especially if the condition significantly impacts their quality of life post-accident.
- Pregnant women involved in car accidents as passengers may face unique risks such as premature labor, miscarriage, or injuries that could affect the unborn child. Settlements in such cases could be significantly higher to cover not only the medical expenses of the mother but also any potential prenatal care or, in unfortunate cases, long-term care for a child born with complications stemming from the accident.
Ultimately, settlements can range from a few thousand dollars for minor injuries to millions for severe, life-altering consequences.
How can I maximize my settlement as an injured passenger in a crash?
Knowing the correct actions after a crash can be the critical difference between securing a fair settlement and walking away empty-handed. For example, if an individual admits fault at the scene or to an insurance company, it could significantly undermine their claim. To maximize injury settlements after a car accident, passengers should:
- Document everything related to the accident and injuries as soon as possible.
- Take photographs of the accident scene, vehicles involved, and any visible injuries.
- Gather contact information from witnesses.
- Obtain a copy of the police report.
- Seek immediate medical attention to diagnose and treat any potential injuries.
- Follow all medical advice and keep a detailed record of all medical treatments and their costs.
- Avoid discussing the specifics of the case or inadvertently accepting any blame.
- Do not communicate with insurance companies without consulting a verified attorney; the statements you provide could be used to reduce or deny your claim.
One of the most effective ways to secure compensation as a passenger injured in a New Mexico crash is to consult a verified lawyer with a successful track record of handling passenger injury claims.
Seeking legal representation for injured passengers in New Mexico
The right legal representation can make all the difference in the outcome of your case. If you were injured or a loved one died as a passenger in a New Mexico car accident, you need an experienced lawyer to investigate what happened, collect and preserve evidence, build a strong claim, and take on the insurance companies. Talk to a verified New Mexico car accident attorney in your area today to learn more.
