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Learn About Them Here. In automobile accident cases, passengers have rights as well as the driver. In fact, the injured passenger may have rights where the driver has none. For instance, suppose the car is driving down the street when it collides with another vehicle.
The driver of the car you were riding in may be limited as to how much money he or she can recover based upon the amount of his or her own carelessness. For example, if the driver of your car was 50 percent responsible for the accident, then his or her recovery is cut in half.
You may sue the other driver, the driver of the car you were riding in, or both. The right to sue both drivers really, his or her insurance company is especially important when you have suffered severe injuries that result in damages that are higher than the insurance policy limits of each driver.
In such a situation, you could sue both drivers and get full compensation for your damages, or at least the maximum allowed under both insurance policies.
Understand Comparative Fault There is one caveat to the statemnet above. Before you step into the car for the ride home, you know your friend The right passenger under the influence of alcohol or drugs, but having no other way to get home, you get into the car.
On the way home, the inebriated driver runs off the road and hits a light standard or telephone pole, causing injury to you.
In California, the legal doctrine of comparative fault or comparative negligence applies. You may be The right passenger to sue the driver of the car because he or she is a friend. However, you are really going after the insurance company. The Driver Owes a Duty of Care The driver or operator of a motor vehicle, watercraft, or airplane or any other type of transportation or recreation has the obligation to drive carefully and safely not only to prevent hitting other vehicles, but also to prevent injury to his or her passengers.
This is known as the duty of due care.
What Should I Do Next? If you are passenger in a vehicle, watercraft, or private airplane that gets into an accident, whether it is the fault of the driver or another car, there are certain things you should do.
If you or a loved one were a passenger in a vehicle involved in a collision — especially if the injuries are serious or a death is involved — it is imperative that you contact an experienced personal injury lawyer immediately.
If the Other Driver Does Not Own the Vehicle They Were Driving You should also make sure that the person gathering the information asks to see the current registration for the vehicle in case the driver or operator is not the owner of the vehicle.
Ask the driver if he or she knows the telephone number of the registered owner. The registered owner may be independently liable for your injuries if he or she lent the car to a known poor driver or someone he or she knew was under the influence of alcohol or drugs.
If the Accident was Relatively Minor What if the accident was relatively minor; should you still call the police? Except in the most minor of cases, it is always a good idea to call the police to the scene.
Even if the police officer does not make an official report of the accident, he or she can get the information from the parties and identification and contact information for witnesses.
Should you agree to do so? There is usually one of two reasons a driver may not want to go through his or her insurance company. And even if your friend does have insurance and honestly intends to pay all of your medical expenses and lost wages stemming from the accident, he or she may change his or her mind or be unable to pay the high costs of medical care for even relatively minor injuries and your time off work.
It is critical that you be represented by an experienced personal injury lawyer in situations such as this, especially if your injuries are serious. Perhaps both drivers were fault, in which case you may be able to recover damages from both of them. But several days after the accident, you wake up with a severely sore and stiff neck, back, and injuries.
Could this be due to the accident? It is not at all unusual for injuries from a traffic accident to show up several days, even weeks, after the accident. You should immediately make an appointment with your physician for evaluation.
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Additionally, you may wish to call an experienced personal injury lawyer, who often may be able to steer you to a physician who specializes in this type of injury. Besides the physical injuries you may suffer due to the carelessness of your friend while driving or operating a motor vehicle or watercraft, you may suffer severe psychological injuries.
After a person has been in a traffic accident, it is not at all unusual for him or her to be apprehensive about driving or riding as a passenger for a while.
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