What Legal Rights Do Passengers Have When Injured in a Car Accident?
February 29, 2020
Car accidents cause serious injuries, particularly if the vehicles involved were traveling at high speeds. When there are multiple passengers in the vehicle that was hit, the passengers are just as likely to suffer severe injuries as the driver. However, many people are not aware of their legal rights if they were injured as a passenger. Fortunately, with very few exceptions, passengers are rarely held responsible for causing a car accident. Therefore, they can seek damages from whichever driver is at-fault for causing the accident. A skilled car accident lawyer can assist passengers who were injured in a car accident and ensure that they receive the compensation they deserve.
When it comes to filing a personal injury claim after a car accident, passengers will generally have a much easier time than the drivers involved because they do not have to be concerned about proving liability. Maryland is an at-fault state, which means that the person who caused the accident is responsible for any losses resulting from the accident, including injuries, property damage, and lost income. For example, if there were two cars involved in an accident, one of the drivers will likely be found liable. If only one car is involved in an accident, due to the driver losing control of the vehicle, the driver will likely be held liable for any injuries the passenger may have suffered.
Legal Rights When Filing a Personal Injury Claim Against the At-Fault Driver
Once it has been determined who is at-fault for causing the accident, the injured passenger can file a personal injury claim against that driver’s insurance. An exception to this rule would be if the passenger is related to the driver of the vehicle. If the driver of the other vehicle involved was responsible for causing the accident, the passenger can file a claim against that person’s insurance. In some cases, the injured passenger may file a claim against both drivers if they were both partially at-fault.
The compensation amount that the passenger is eligible to receive cannot exceed the total value of the claim. For example, if the amount of damages was $40,000, the passenger cannot collect a total of $60,000 in damages from both drivers’ insurance companies. However, if one of the drivers does not have enough insurance to cover the passenger’s damages, they can make up that amount against the other driver. Passengers may also file a claim with their own insurance company to cover medical costs related to the accident. A skilled car accident lawyer can determine the best course of action and assist the passenger with the claims process.
Baltimore Accident Lawyers at LeViness, Tolzman & Hamilton Assist Injured Passengers with Their Legal Rights During the Claims Process
If you were injured in a car accident as a passenger, contact the Baltimore accident lawyers at LeViness, Tolzman & Hamilton as soon as possible. We determine who was the at-fault driver and secure the maximum financial compensation from the appropriate party’s insurance company. Protecting your rights is our top priority. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Prince George’s County, allowing us to represent victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.