Do Passengers Have Right To Sue After A Car Accident?
A car accident is bad enough for drivers. However, they can be even more traumatic for passengers because these people often sustain far more injuries than drivers do. If you have ever been a passenger involved in a car accident, you know this all too well and may be wondering what to do. The first thing to do is to hire a lawyer.
Rights as a passenger
If you have ever been a passenger who has been injured in a car accident and you consulted with a lawyer for legal advice, he or she has likely told you that you have the same legal rights as the driver in terms of suing the guilty party. While this may or may not have surprised you, it is the truth because you were also an occupant in the car. You may have also heard that you can sue both drivers (the one in the car you were riding and the one in the car that hit you) for compensation if both were at fault. That said and done, your lawyer will likely inform you that under no circumstance are you at fault for the accident because you were not driving. If the person driving the car that you were in was at fault, you can sue him or her for the entire extent of your personal injury damages.
Your personal injury lawyer in Redondo Beach will inform you that any personal auto insurance policy has limits. If you have sustained injuries that exceed the limits of the guilty party’s insurance policy, you can sue the driver and have him or her pay for your damages out of his or her own funds. However, there are certain instances where you may not be legally able to receive the settlement you request. These instances are called comparative fault. The basic tenets of comparative fault state that you were aware of the risks of driving as a passenger, but chose to take them anyway. A good example of this is driving with a buzzed or drunk driver. Another good example of this is knowingly driving with an elderly person whose license has been restricted because of poor eyesight, judgement, and motor control!
Legal counsel as an injured passenger
You need help and guidance from a lawyer and this is especially true if you were involved in a comparative fault accident. This is because your lawyer will understand loopholes in the law and will be able to help you build a case that will win you the settlement you are requesting in court.