The burden of responsibility is off your shoulders when you’re the passenger in a car. Somebody else is handling the driving, so you don’t have to worry about being the cause of an accident. Of course, this assumes you do nothing to distract the driver.
However, the lack of responsibility doesn’t free you from the effects of an accident. Front passengers actually have a higher mortality rate than drivers (higher by 0.47%), and rear passengers have a 10.26% chance of traumatic brain injuries compared to 7.48% for drivers.
As a passenger involved in a car accident, you’re as entitled to compensation as anybody else injured in the collision. Following these steps can strengthen your claim.
Step 1 – Report the Accident and Investigate the Scene
The first step assumes that you’re not so severely injured that you’re unable to leave the vehicle or can’t move around.
Assuming you’ve escaped with minor injuries, calling the authorities is your first action. Failing to file a police report comes with penalties. Though typically focused on the driver, these penalties range from imprisonment to fines of up to $5,000, so it’s not worth taking the risk if you’re able to make the call.
Spend some time investigating the scene after calling the police. Take photos of the vehicles involved, along with any evidence of the crash, such as tire marks, traffic lights, and road signs. If there were witnesses to the crash, ask for their contact details and talk to them to establish fault. It’s possible you may need to claim against the driver in your car rather than the driver of another.
It’s also worth doing a quick scan for security cameras. Note the contact details of any businesses that have cameras pointed at the scene, as well as noting any city-owned cameras in the vicinity. Once the police arrive, give them an honest statement of what happened from your perspective.
Step 2 – Seek Medical Attention
You may feel that your injuries aren’t a big deal if you’ve escaped with minor cuts and bruises. But even if that’s the case, seeking medical attention serves two vital purposes.
First, it reveals whether your injuries are really as minor as they seem or whether there’s more going on that you don’t realize. Second, a doctor’s examination generates a medical report, which serves as evidence when claiming compensation.
Step 3 – File a Claim with the At-Fault Driver’s Insurance Company
Texas is an “at-fault” state for car accidents, which means anybody involved in a car accident files insurance claims against the driver that caused the situation. That goes for passengers, too. File the claim as soon as you’re physically able (or have an attorney do it for you) so you can get the wheels in motion for compensation.
It’s worth noting that the statute of limitations for filing a lawsuit or insurance claim for a car accident in Texas is two years from the date of the accident. Leave it any longer, and you may find yourself unable to claim. The only major exception comes from “tolling” in the case of wrongful death. This is like hitting pause on the compensation countdown, with tolling lasting until the date of the person’s death. From there, you (or your family if you’re the unfortunate person who passes) have two years to make their claim.
As a final note – don’t immediately accept a compensation offer from an insurance company. Always move to Step 4 before making a decision.
Step 4 – Consult an Injury Attorney
Think of the steps you’ve taken up to this point as paperwork and evidence-gathering. You’ve ideally collected evidence of the scene and have a few witnesses who can corroborate your version of events. You also have a medical report, detailing any injuries you suffered in the accident, along with having a claim on the books with the at-fault driver’s insurance company.
Now, it’s time to get professional help. If you’re a truck driver there are specialist Tampa truck accident lawyer, or a quick Google search to amend this to your local area, who are experienced in this specific field.
Injury attorneys handle the complexities of any case you bring against the at-fault driver on your behalf. Think of them as professional intermediaries, in a sense, as they act as the point of contact between you and the at-fault driver’s representation. But beyond that, injury lawyers can sift through the evidence you’ve collected to see what has value, gather their own, and litigate in court if getting an out-of-court settlement isn’t possible.
As for choosing an injury attorney, look for a firm that has a clear track record of working on cases like yours. That’s important in injury law because some firms specialize in certain types of injuries or events. Speak to the attorney before making your decision. Pay attention to how they speak, whether they explain legal terminology and their potential approach to your case.
An experienced injury attorney can provide valuable assistance in navigating the complexities of a car accident claim. They can assess the evidence, gather additional information, and represent you in court if necessary. When choosing an injury lawyer, look for a firm with a proven track record in handling cases similar to yours.” – lawyer from Kenny Perez Law
Step 5 – Wait to Settle Your Case
With a legal representative on the case, you can focus on recovering from your injuries and, hopefully, resuming your life. Patience is a virtue at this point. It can take several months (or even years) to settle a car accident case, especially if the at-fault driver or their insurance company contests the case and you have to go to trial.
Several factors affect your settlement. For instance, a passenger who receives catastrophic injuries resulting from the crash often has to wait longer to receive their settlement. That’s due to settling before you’ve made the maximum possible medical recovery reducing the payment, in most cases. Other factors include the strength of your evidence, with weaker evidence being easier to contest while stronger evidence often leads to a faster settlement.
Trust your attorney to work on your behalf. The resulting settlement may cover medical bills, lost earnings, emotional distress, and other expenses or life-altering issues that resulted from the accident.
Protect Yourself First
Filing a compensation claim as a passenger in an auto accident can be a heartbreaking experience, especially if the at-fault driver is somebody you know and care about. But it’s necessary. The injuries you sustain can have a drastic effect on your life, essentially pumping the brakes on any plans you have.
The payment received through legal efforts compensates you for this lost time, as well as your injuries and other costs, allowing you to protect yourself and your family from the accident’s effects in the future.
