What Are Your Rights as a Passenger Injured in a Car Accident?
Every time you ride a vehicle as a passenger, whether a private vehicle owned by someone you know or a mass transit vehicle, you essentially leave your life in the hands of the driver and other drivers around you. However, crashes happen all the time due to negligence. You have the legal right to sue or file a claim against the at-fault party and pursue compensation for your losses if you’ve suffered an injury in a crash as a passenger.
You Have The Right To Hold The At-Fault Driver Liable For Your Losses
If only one driver was involved, the driver you’re riding with, you can hold them liable for your injuries. For example, the driver crashes into a wall, streetlamp, guardrail, or another vehicle. There are, however, certain exceptions:
- Mechanical failure – You can hold the designer or manufacturer of a defective vehicle or vehicle part if mechanical failure is the cause of the crash.
- Falling or unexpected objects – The driver doesn’t have control over animals who suddenly enter the roadway or fallen objects from other vehicles, usually from improperly loaded cargo from trucks.
- Dangerous roadways – You can hold the party (usually a government agency) liable for your injuries if a pothole, uneven roadway surface, malfunctioning street light, insufficient signs, or something similar caused the crash.
Put simply, the driver must have reasonable control over the circumstances of the crash to prove their fault and liability. If more than two drivers are involved, depending on the circumstances, the driver you’re riding with or the other drivers may all be held responsible for the losses you incurred in the crash. In this case, you can file separate claims with their insurance providers. In any case, talk to an Enfield roadside lawyer to explore your legal options.
You Have The Right To Have Legal Representation
You may consider settling your claim with the at-fault party’s insurer immediately, but you should not without legal guidance. Insurance providers are in the business of making money from premiums and paying out claimants the lowest settlement possible. They will look out for their interests and will try all sorts of tactics to devalue your claim or even deny it:
- Advise claimants they don’t need a lawyer.
- Bully injured claimants to give a written or recorded statement about the crash, even if claimants are not legally required to do this.
- Offer a low settlement amount right after the crash before claimants learn about all their losses.
- Pressure claimants into accepting a low settlement offer.
Our Enfield roadside lawyers know how to counter these underhanded tactics and will deal with the insurer, their adjuster, and attorneys. They will collect evidence, calculate the damages you can pursue, and prepare your claim for settlement negotiations. If the insurer refuses to offer a reasonable settlement, your lawyer will take your case to court to pursue the compensation you deserve.
Consult With An Experienced Enfield Roadside Lawyer Now
At Berman & Russo, our Enfield roadside lawyer helps injured people recover financial compensation for their losses in a roadside accident. Whether you’re a passenger or driver injured in a crash, we can help. Arrange your free consultation with our Enfield roadside lawyer by reaching us online or calling 860-644-1548.
