Automobile accidents can cause severe, sometimes irreversible injuries to drivers. However, passengers in the vehicle can also be hurt and may therefore have their own claims for compensation. Recovering damages for an injured passenger may require a different strategy than for an injured driver, but it will definitely require zealous legal advocacy.
If you were a passenger injured in a Syracuse automobile accident, it’s time to connect with the personal injury attorneys of Carden Dotzler Hammond, PLLC. We can review the nature of the accident and your injuries, then get to work fighting for your rights.
How the Legal Process Differs for Passengers
Anyone who is injured in a car accident due to someone else’s negligence has the right to file a claim for monetary compensation to cover their losses. This is just as true for passengers as it is for drivers. However, the process for recovering compensation may be different in these ways:
The driver of the passenger’s vehicle could be liable
When Syracuse drivers are involved in accidents, they can sue the drivers of the other (at-fault) vehicle. In some cases, however, a passenger can file a claim not only against the driver of the other vehicle but against the driver of the vehicle in which they were a passenger. If you believe the person driving the car you were in was responsible for your injuries, talk to us.
It may even be possible for the passenger to have claims against both drivers. This is the case in accidents in which the drivers both share some degree of fault.
There may be disputes over insurance coverage
Because a passenger victim may be able to seek compensation under both drivers’ insurance policies, it could be debatable which insurer is ultimately liable (and for how much). The drivers’ respective insurers will almost certainly dispute fault and try to point fingers at each other. The situation may be more complex depending on whether the passenger is related to the driver and therefore covered under their policy.
Insurance disputes can leave passengers bewildered and confused. Regardless of the challenges, we have experience with New York’s no-fault insurance laws and we know how to help Syracuse passenger victims win compensation.
The drivers may try to blame you
If you are able to pursue a claim against either or both drivers, they may attempt to blame you for the accident. For instance, a driver may claim that you were distracting them and that this led to the wreck. If a court believes you were liable to some degree, you can still recover but your compensation will be reduced by whatever percentage of fault is assigned to you.
Our attorneys are well experienced in these types of cases, involving what is known as comparative negligence. We’re ready to contest any attempt by any other party in the case to shift blame to you, and we will seek the maximum amount of compensation available.
When Can Passengers File a Syracuse Accident Claim?
There are a number of different scenarios in which someone’s negligence causes a collision that injures one or more passengers. CDH Law is experienced with such passenger injury claims as those involving:
- Private motorists
- Taxi cabs
- Limousines
- Privately operated buses
- Government-owned transportation systems
- Rideshares (e.g. Uber and Lyft)
Some of these accidents are more complicated than others. For instance, suing a rideshare company requires understanding the nuances of the company’s insurance coverage. There are also different rules involved for passengers who sue governmental entities.
No matter what type of accident you were in, or who was at fault, it’s important that you speak with a personal injury lawyer right away to protect your rights and interests.
Common Passenger Injuries
While drivers can be severely hurt in a car crash, passengers often take the brunt of the impact. These are a few examples of passenger injuries that you or a loved one may have sustained:
- Broken bones
- Lacerations
- Deep bruising
- Head and neck injury
- Spinal cord injury
- Concussion
- Traumatic brain injury
- Paralysis
- Burns
- Internal organ damage
- Internal bleeding
- Dismemberment
- Loss of an unborn baby
These and other injuries can cause significant medical bills, lost time from work, emotional distress, and other losses. Fortunately, you have the right to seek compensation. But the steps you take in the aftermath of the accident are critical.
What Passengers Should Do After an Accident
Our goal is to help you win the compensation that you need to fully recover from your injuries, replace lost income, and put you back in the position you were in before the wreck. We suggest doing the following if you’ve been in an accident:
- Call 911 and report the accident: Law enforcement will come to the scene and generate a police report. This document contains valuable information about the accident that you will need later.
- Seek immediate medical care: Even if you don’t believe you were injured or that your injuries were minor, see a doctor. Failure to do so could jeopardize both your health and your legal claim.
- Take photos and record videos: Take pictures and record videos of the accident scene, including damage done to the vehicle you are in. The more detail, the better. Don’t assume the driver will take this step.
- Speak to witnesses: If there were any witnesses to the accident, get their names and contact information. Again, you shouldn’t assume the driver of your vehicle will do this.
- Limit what you say: As a general rule, you should limit what you say to any other parties or witnesses. Stick to only the basic, objective facts. Speculating about fault or the nature of your injuries could harm you later.
- Document your injuries and losses: You should save copies of your medical bills and document any time you miss from work. Keep records of any losses stemming from your injuries.
- Speak to an experienced Syracuse car accident attorney: Your lawyer can explain legal options, investigate how the accident happened, and get to work representing your interests.
Options for Covering Your Losses
Depending on the circumstances of your case, there may be various ways to win the compensation you need for your injuries:
- Insurance coverage: Although insurance coverage is complicated with passenger accident cases, this is one option for paying for your losses. Never accept a payout or settlement offer without speaking to an attorney first, however.
- Lawsuit: If the insurer refuses to pay, or the amount it offers is insufficient, you may need to hire an attorney and file a lawsuit. The same is true if the at-fault party carried no insurance or if a third party (e.g. vehicle manufacturer) was liable.
- Settlement: Your case may settle through out-of-court settlement negotiations. A popular option is mediation, in which a neutral third party mediator facilitates settlement discussions. Always have an attorney represent you during mediation.
- Trial: Ultimately, your case may end up in court if the insurance companies and at-fault parties refuse to negotiate in good faith. Our law firm is experienced with trying car accident cases and we tirelessly fight for passenger victims.
Contact Our Syracuse, NY Passenger Injuries Attorney
After being in a car accident, your main priorities are recovering from your injuries, paying for your bills and other losses, and getting your life back to normal. Let the dedicated legal team at CDH Law help. If you were involved as a passenger in an automobile accident, contact us today to schedule your initial consultation.