Can a Passenger Recover Damages After a Collision?
Some car wrecks involve only two vehicles and their drivers, while others include passengers. Like drivers, passengers in Texas collisions have a right to hold at-fault drivers liable for damages.
Who Is Legally Responsible for a Collision?
In Texas, the primary issue when filing and recovering on an auto insurance claim is fault: whose negligence caused the collision. A driver is negligent when he or she fails to act as a person of ordinary prudence would have under the same or similar circumstances and, in so doing, causes injury to another person.
Whether a driver is negligent is fact-intensive. Some of the ways a driver could be negligent include:
Failure to yield the right-of-way;
Failure to maintain a proper lookout;
Failure to turn the vehicle to avoid a collision;
Failure to apply the brakes timely; and
Failure to maintain control of the vehicle.
Who Could be Liable for a Passenger’s Damages?
Often, more attention is paid to the rights of a driver involved in a collision than to those of any passengers. As a result, some injured passengers may not know their legal rights, including whether they can recover compensation for their damages.
Generally, a passenger involved in a collision can recover damages from anyone whose negligence caused the passenger’s injuries. Possible at-fault parties include:
The driver of the passenger’s vehicle; and
The owners of any at-fault vehicles.
Passengers stand in the best position to recover damages because they usually play no fault in causing or contributing to a collision. Instead, the liability of a car crash typically falls onto one of the drivers. Sometimes, though, it is difficult to determine which driver caused a collision. In other cases, multiple drivers could be the proximate cause of a passenger’s injuries. In either case, the passenger may need to file a lawsuit against all drivers involved and allow them to fight over who was responsible for causing the collision—or the percentage of their respective responsibility—in court.
Say, for example, that a passenger is injured in an intersection collision, and neither driver admits wrongdoing. There are no independent eyewitnesses, and the responding officer cannot determine which driver had the right-of-way. In that instance, each driver—and each driver’s auto liability carrier—will likely deny liability and point the blame at the other driver. Regardless, the passenger, who is probably free of negligence, has two possible sources to recover damages.
Speak With an Experienced Accident Attorney After a Car Wreck
Recovering damages from multiple drivers who may be liable for a collision is difficult. A good injury lawyer can help navigate the claims process and pursue formal legal action if necessary. If someone else’s negligence has injured you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.