During a car accident, passengers can face the same types of injuries as drivers. If you have been injured as a passenger in a car accident, you likely have the right to file a compensation claim. Passengers are rarely at fault for car accidents, and so, you can claim damages for your medical expenses, pain and suffering, and other losses. Obtaining the compensation you deserve is not always easy. Our West Virginia car accident lawyer can help you overcome any challenges that may arise.
Obtaining Compensation as a Passenger in a Car Accident Claim
Passengers have all of the same rights as drivers in car accident claims. Whether you were riding in a friend’s vehicle, in a rideshare vehicle, or with a family member, you can file a claim against any negligent party that caused your crash. If the driver you were riding with at the time of the accident caused the collision, you can file a claim against them, even if that person is a friend or family member. If another motorist acted carelessly and caused an accident, you can file a claim with their insurance company.
The claim you file is separate from the claim the driver you were riding with may file. If multiple parties are at fault, you will likely have to file multiple claims with different insurance companies. For example, if the driver you were riding with was speeding but another driver improperly changed lanes, you can file a claim against both drivers because they each contributed to the accident.
Comparative Fault as a Passenger in a Car Accident Claim
In West Virginia, a modified comparative fault law governs accident claims. Under this law, car accident victims can file a claim for compensation if their share of fault was not greater than 50 percent. When someone was less than 50 percent to blame for a crash, they can still recover damages for their losses.
However, any compensation they are awarded will be reduced by the same percentage of their fault.
The comparative fault law rarely impacts a passenger in a car accident claim, unless they were acting in a manner that contributed to their injuries. For example, if a passenger grabbed the steering wheel from a driver and caused a crash, the modified comparative fault law would apply. Or, if they were not wearing a seatbelt, that is a failure to mitigate injuries, and so, their damages may be reduced under the comparative fault law.
Again, the comparative fault law likely does not apply if you were injured as a passenger in a car accident. A West Virginia car accident lawyer can review the facts of your case to determine if other parties may blame you for the crash.
Types of Damages Available for a Passenger in a Car Accident Claim
As a passenger, you have the right to recover the same types of damages as drivers after a crash. The most common types of damages available for passengers in car accident claims are as follows:
- Past and future medical expenses, including ambulatory services, hospital stays, physical therapy, and more
- Lost wages if you could not return to work right away
- Loss of earning capacity if you cannot return to the same line of work in the future
- Pain and suffering for physical discomfort and emotional distress caused by the crash
- Property damage
In rare cases, punitive damages may also be available after an accident. These damages are rarely awarded, though. Unlike the above types of compensation, punitive damages are meant to punish individuals for grossly negligent or reckless behavior. They are not meant to compensate you for harm suffered. For example, if another driver was recklessly weaving between lanes or driving while impaired, punitive damages may be available for the grossly reckless behavior.
Challenges You May Face if You Are Injured as a Passenger in a Car Accident
Car accident claims always present certain challenges, but this is even more true when filing a claim as a passenger.
One of the first challenges you may face is that you may not be able to claim full damages for your losses.
For example, West Virginia law requires motorists to carry a minimum of $25,000 coverage for bodily injury per person and $50,000 for bodily injury per accident. If there were other passengers or the driver of the vehicle you were riding in was also hurt by negligence, it can limit the amount of damages you receive.
For this reason, it is critical to identify all negligent parties that contributed to an accident. If multiple parties are involved in an accident, you may be able to file a claim with some or all of the other insurance companies, which can increase the total amount of compensation available. It is important to consult with a West Virginia car accident lawyer who can determine if multiple parties share fault.
If the driver of the vehicle you were riding in at the time of the accident was at fault for the crash, this can also present certain challenges.
You may not want to file a claim against a close friend or family member for fear that it will hurt your relationship. However, it is critical to remember that you do not initially file a claim directly against the driver, but with their insurance company. Simply because you are close to the negligent driver should not prevent you from obtaining the damages you need.
Additionally, you will also need to prove your case, including the nature and severity of your injuries.
This is not easy when trying to recover, so it is important to speak to an attorney. Call us today at 304-842-4300.
Our Car Accident Lawyer in West Virginia Can Help with Your Case
If you were injured as a passenger in a car accident, it is important to get legal advice from a West Virginia car accident lawyer. At Kaufman & McPherson, PLLC, our experienced attorneys can review the facts of your case, ensure your rights are upheld, and help you obtain the full and fair settlement you deserve for your injuries. Call us today at 304-842-4300 or fill out our online form to schedule a free case evaluation with our knowledgeable attorneys and to learn more about how we can help with your case.
