Can You Claim Compensation As A Passenger In A Motor Vehicle Accident?

Yes, it is possible to claim compensation if you are a passenger in a car involved in an accident. While cars are showing better crash results and roads are getting safer, accidents continue to occur. Every year thousands of individuals are involved in accidents related to road traffic. If you are a passenger and you sustain injuries in an accident, it can be infuriating. Passengers have little control over situations and circumstances of accidents they encounter. They cannot take evasive action. In most cases, passengers sustain injuries through totally no fault of their own. Since they don’t interact with the traffic, they are injured unexpectedly. Usually, they do not have time to prepare for the impact or even shield themselves. This leads to serious injuries and they may want to seek claims for the damages they suffer.  

Is a Passenger Ever At-fault?

Being a passenger, you are normally not responsible for an accident. This means it’s possible to get full compensation regardless of the person found to be at-fault for the road accident. That said, there are some situations where the insurance policy of the drive may decide to dispel your claim.

For example, if you ride in a vehicle with a drive under the influence, it can be difficult to receive compensation after an accident. Although you aren’t at fault, you’re held accountable for your decision to ride in a vehicle with a driver whom you knew couldn’t drive safely. However, it can be that you got into the car not knowing the driver was under influence. 

Drivers Should drive Carefully to Prevent Passenger Injury

When you look at road accidents, from a legal perspective, a driver of a car has an obligation to steer the car safely and carefully to ensure the safety of passengers. A driver should drive safely to prevent causing injuries to passengers. They should also drive carefully to minimize the risk of knocking down other road users.

If a driver fails to show that they were careful enough to ensure passengers’ safety, and reckless driving causes serious injury, the passenger has a right to sue for damages. The passenger can pursue compensation for damage arising due to a direct result of their injuries. Also, if the driver of another vehicle is responsible for an accident that causes injuries to the passenger, the passenger has a right to claim compensation.

Who Can A Passenger Sue to Claim Compensation?

A passenger in a road accident may sue different parties. They can sue the driver of the vehicle they were in. They can also sue the other driver if the accident involves more than one vehicle. Also, the passenger can sue both drivers. It depends on the circumstances of the accident when it occurs. At other times, the passenger can sue the vehicle manufacturer if a malfunction causes the accident.

It is usually easier for passengers to claim compensation following a road traffic accident compared to a driver. However, cases, where the passenger sustains injuries, can get complex quickly – so it’s important that you, as the passenger, you know your rights. Enlisting an experienced lawyer helps a passenger understand his or her options. The lawyer assists the passenger in obtaining fair compensation. The passenger may claim compensation for medical as well as rehabilitation costs likely to arise in the future. They may pursue compensation for lost wages, repair fees, and overall pain as well as suffering.