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Texas Car Accident Claims for Passengers

When it comes to car accident cases, the focus is often on the drivers of the vehicles involved. The passengers are often overlooked but are just as likely to be injured. Despite the fact that they played no role in causing the accident, car accident claims for passengers can be very complicated and difficult to pursue.

The personal injury attorneys at The Law Giant, Personal Injury & Accident Lawyers know how to handle car accident claims for passengers. If you’ve been injured as a passenger, we can evaluate your claim and help you understand your options. Don’t leave your future up to the insurance companies: contact The Law Giant at The Law Giant, Personal Injury & Accident Lawyers to get the compensation you deserve.

Call us at 866-523-4167 to schedule a free consultation and learn more about how we can help you.

Who Is at Fault?

Injured passengers are in a unique position when it comes to car accidents. The passenger may have a claim against the other driver, or they may have a claim against the driver of the vehicle they were riding in.

If you’re an injured passenger, the most straight-forward scenario is when the driver of the other vehicle is at fault. In that case, you would make a claim against that driver, arguing that they were negligent and therefore liable for your injuries.

The situation is more complicated if your injuries were caused by the driver of the vehicle you were riding in. In legal terms, your claim is no different than if it were against the other driver. You are arguing that the driver’s negligence caused the accident that resulted in your injuries. However, you may have to make a claim against someone who may be a friend or family member, which can be somewhat unpleasant. It’s important to keep in mind that you are making a claim against their insurance – the chances that the driver will have to pay out of their own pocket are relatively small, assuming that they have insurance.

Comparative Negligence for Passengers

In some car accidents, both drivers may be at least partially to blame for the accident. Those cases raise the question as to how much each driver should be liable to the other for any injuries.

Texas uses a comparative negligence model to assign liability. An example may be helpful:

Driver A gets in an accident with Driver B. Driver B ran a red light, but Driver A was texting while driving. Both drivers were negligent, and it is determined that Driver A’s negligence contributed 20% to the accident. As a result, any compensation awarded to Driver A will be reduced by 20%.

For passengers in a contributory negligence case, this is important because you would have to pursue claims against both Driver A and Driver B. Driver A would have to pay the portion of your claim that Driver B’s insurance didn’t cover.

We should also make note of another obstacle related to comparative negligence: if Driver A was responsible for more than 51% of the accident, they cannot recover any compensation. While this may prevent Driver A from pursuing any claim, you, as the passenger, may still have to pursue both drivers.

Multiple Passengers

Car accidents with multiple injured passengers mean that there may be multiple claims. If one driver was clearly at fault, this means that there will be multiple claims against a limited amount of insurance coverage. Depending on the severity of each passengers’ injuries, the coverage provided by the at-fault driver’s insurance can be quickly exhausted. If there are multiple claims, it is therefore quite possible that you will not be able to receive compensation for your total claim. The situation becomes even more complicated if there are multiple injured passengers and both drivers were at fault in the accident.

How a Lawyer Can Help

Car accident claims can be extraordinarily complex. You may need to pursue claims against multiple insurers, which means that you may have to negotiate more than one settlement. An attorney who knows how to handle car accident claims for passengers will be able to navigate this complicated situation and deal with the obstacles you face in getting fair compensation for your claim.

Contact The Law Giant, Personal Injury & Accident Lawyers for Help With Your Passenger Accident Claim

If you’ve been injured as a passenger in a car accident in Texas, The Law Giant, Personal Injury & Accident Lawyers can help you get the compensation you need. We can deal with the insurance companies, handle the paperwork, and, if necessary, fight for your rights in court. Let us help you get your life back.

Call The Law Giant at 866-523-4167 or contact us online to schedule your free consultation today.

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