What Are My Rights if I Was Hurt in an Accident as a Vehicle Passenger?

 Posted on December 08, 2020 in Car Accidents

When discussing the rights of those injured in auto accidents, we are often talking about injured drivers. However, passengers may sustain injuries that are just as severe if not more severe than drivers in a major collision. If you or a loved one were a passenger in a car accident, you may have questions about your rights. You may be facing significant medical expenses and other costs because of the accident and are curious about your options for seeking compensation. Personal injury claims involving injured passengers require the same basic elements as a case involving driver injuries but there may be additional considerations to think about.

When Do I Have a Claim?

A successful personal injury claim can enable someone to recover financial compensation for their medical bills, future medical costs, lost wages from missed work, pain and suffering, and other damages. However, to be awarded a personal injury settlement or award, you and your lawyer will need to show that four main components are present:

• You were owed a duty of care.
• The at-fault party breached the duty of care.
• You sustained injuries in the accident.
• Your injuries led to “damages” or financial losses.

How Can Liability or Fault Influence My Case?

Car accidents are most often caused by driver negligence. Drunk driving, distracted driving, fatigued driving, speeding, and many other forms of negligent driving may have led to your accident. However, liability may also lie with a manufacturer of defective vehicle parts, the government entity that failed to maintain the road, a trucking company, or several other parties. Liability may also be shared by more than one party.

What if the At-Fault Party Was My Friend or Family Member?

It is certainly possible that the person driving the car you were in will be partially or fully at fault for your accident. If the person driving was a friend, family member, co-worker, or someone else with whom you have a personal relationship, you may have concerns about bringing a claim. You may worry that pursuing compensation for your damages will require you to file a claim or lawsuit against your friend or family member. Fortunately, personal injury claims for car accidents are almost always brought against the at-fault driver’s insurance company. So, you will most likely not be bringing the claim against the actual driver.

Contact a Waukegan Car Accident Lawyer

If you were injured in a car accident and you would like to learn more about seeking compensation for your damages, contact Salvi & Maher, L.L.C. Call 847-662-3303 and set up a free consultation with one of our highly experienced Lake County personal injury attorneys.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf