As a passenger injured in a Texas car accident, you have the right to seek compensation for your injuries, regardless of which driver was at fault.
Unlike drivers, passengers are rarely held liable and are typically entitled to recover damages from one or more of the involved drivers’ insurance policies. Also, if third-party negligence plays a role, passengers may be entitled to seek damages from additional entities.
Passengers May File Lawsuits for Car Accident Injuries Sustained in Texas
At O’Hare and Koch Law Firm, we represent passengers in Dallas, Carrollton, and across North Texas navigating the aftermath of serious accidents. Whether you were in a vehicle hit by a distracted driver, riding in a car that lost control, injured in a commercial vehicle wreck, or any number of scenarios, your legal rights as a passenger are strong.
Passengers have the right to file a personal injury claim against the driver who caused the accident, even if that driver was operating the vehicle you were in. If more than one driver shares the blame, or if other negligent parties play a role, you may be able to pursue compensation from multiple parties.
Damages Available to Passengers
In most cases, passenger injury claims focus on recovering costs for:
- Past medical bills and future medical care
- Lost wages and loss of earning capacity
- Pain and suffering/emotional distress
- Rehabilitation or long-term care
- Physical impairments/negative effects on daily activities and duties
Texas is considered an “at-fault” state, meaning the at-fault party is legally responsible for covering the cost of your damages typically through their insurance company. Because passengers are rarely liable for the collision, your case will rest more on proving the cause and extent of your injuries.
Steps Passenger Should Take After a Crash
Immediately after an accident, your priority should be your safety and health. If you are able, follow these steps to help protect your rights:
- Make sure you are out of harm’s way – if you are in the road, move to the side where it is safer
- Seek medical attention – Even if your injuries seem minor, get evaluated right away. Some symptoms take time to appear; some take hours or days.
- Call the police and get a copy of the police report if they respond– It contains crucial information about the accident, including insurance information and the names of witnesses.
- Document the scene – take Photos and videos, get witness statements and contact information, and making notes is one of the best ways to preserve your memory of the scene.
- Don’t talk to insurers alone – Insurance companies are not your friend. They are not acting in your best interest. Consult with a knowledgeable attorney before making any statements.
What If the At-Fault Driver Is a Friend or Family Member?
It’s natural to feel conflicted about pursuing a claim when the driver at fault is someone close to you. You might worry about damaging the relationship or causing their insurance premiums to rise.
But it’s important to remember: your friend or family member wants you to get the care you need. They know you didn’t cause the accident and are probably carrying their own guilt. Filing a claim isn’t about blame. It’s about accessing the insurance coverage that exists for this exact reason.
What If I Was the Passenger of a Rideshare or Commercial Vehicle?
If you were injured while riding in an Uber, Lyft, or a commercial vehicle such as a delivery van or bus, you still have the right to pursue compensation. Identifying the liable party and the applicable insurance policy can be more complex in these cases, which is why it is so important to work with an experienced law firm.
We Can Help Protect Your Rights as an Injured Passenger
For the last 25 years, O’Hare and Koch Law Firm has helped victims of negligence across North Texas. If you’ve been hurt as a passenger in a motor vehicle accident, you deserve a skilled legal advocate by your side. Contact a trusted car accident attorney in Texas to discuss your rights and next steps.
Contact O’Hare and Koch Law Firm today for a free consultation.
