Car Accident Passenger Lawsuits By Robert L. Froerer on April 10, 2021

car accidentWhen a car accident occurs, the drivers of involved vehicles work with insurance companies to determine accident liability and calculate accident damages. Sometimes, not much attention is given to passengers who may have been injured in the accident. Without insurance representation, many passengers are left to wonder about their rights.

Passengers involved in an accident are due the same type of compensation as an injured driver. The car accident attorneys at Froerer & Miles have worked on numerous car accident passenger lawsuits. Our team is ready to assist accident victims in Ogden, UT, Layton, UT, and surrounding areas and help determine who they can sue after a car accident, and the amount of compensation they may be due.

Who Can Be Sued for Damages?

Passengers who are injured in a car accident have the right to sue for accident damages. The party that can be sued is the one who is liable, or found to be at-fault, for the accident. The best way to determine accident liability is to work with our Ogden attorneys. Our team works with accident recreationists to determine exactly what led to a collision. Depending on accident circumstances, injured passengers may be able to sue:

  • The driver of the vehicle they were in 
  • The driver of other involved vehicles
  • An automobile or parts manufacturer 
  • The city or municipality in charge of the road where the accident occurred

Often the fault for an accident is shared by more than one party. For instance, the drivers of two vehicles may be found equally at-fault for the collision. When drivers share equal accident liability, they do not have the right to sue the other party for accident damages. This is not the case for passengers. Passengers are able to sue any and all parties who share fault for an accident, so that they can collect compensation for the full extent of accident damages.

What Type of Damages Can Be Awarded?

The type and amount of damages that may be awarded in a personal injury case are dependent on the losses suffered by the injury victim. However, car accident passengers should understand that they have the right to pursue compensation for the same types of damages that would be due to them if they had been injured as the driver of a vehicle. Potential damages in a car accident passenger lawsuit include:

  • Past and future medical expenses
  • Therapy and/or rehabilitation costs
  • Lost wages
  • Loss of wage earning potential
  • Pain and suffering

Can a Passenger Ever Be At-fault for an Accident?

Passengers cannot be at-fault for a collision. Even if a driver is speaking to a passenger at the time of the collision and the accident is found to be the result of distracted driving, it is the driver who is responsible for the accident. That being said, there are situations where something called comparative fault may come into play.

Comparative fault means that a person knowingly took a risk that resulted in them being harmed or injured. An example of this would be knowingly getting into a car with someone who had too much to drink. In situations of comparative fault, injured car accident passengers can still pursue compensation for damages, but the amount of compensation awarded may be reduced. If a lawsuit involves comparative fault it is especially important to work with a knowledgeable attorney who is prepared to fight for maximum compensation.

Contact Froerer & Miles

If you are a passenger who has been injured in a car accident, the attorneys at Froerer & Miles can help you explore your legal options regarding financial compensation. To discuss your case with our team, send us a message online at your earliest convenience, or call (801) 621-2690.

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Froerer & Miles

The attorneys at Froerer & Miles have successfully represented clients in a wide range of practice areas since 1959. Our team of attorneys can protect your best interests in matters related to:

  • Family Law
  • Estate law
  • Real Estate Disputes
  • Business Law
  • Personal Injury
  • Litigation

We offer free consultations and provide honest feedback to potential clients regarding their cases. To request your free consultation, contact us online or call us at (801) 621-2690.

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