What to Do as an Injured Passenger
Jan. 19, 2023
Going through a car accident can be a difficult and confusing experience. There are so many things to consider, such as injuries, insurance claims, and material damages. It can be quite complicated for a passenger to figure out what to do.
At K.E. Bradley Attorney & Counselor at Law, I can assist you during these challenging times. I have the practice, knowledge, and resources to help you pursue the compensation you deserve. I proudly serve clients in Missouri City, Sugar Land, Katy, Friendswood, Pearland, and Fresno, Texas.
Texas Is an At-Fault State
You often hear that Texas is an at-fault insurance state. That means the party responsible for the accident must cover the material damages and personal injury caused. This situation includes injured passengers.
So, how does an at-fault state affect passengers injured in an accident?
Firstly, injured passengers must seek medical attention to determine the extent of their injuries. Medical treatment is essential to ensure proper injury recovery and understand any possible long-term injuries, such as chronic pain.
Then, injured passengers may file a personal injury claim against the responsible party. This situation could mean filing a personal injury claim against the other driver or the driver in the vehicle the passenger occupied.
Please remember that insurance companies determine liability following an investigation. Thus, passengers may file claims against both drivers but ultimately pursue the claim against the liable party.
What Is the Personal Injury Claim Process for the Passenger in Texas?
Passengers injured in a car accident in Missouri City, Texas, and neighboring areas (Sugar Land, Katy, Friendswood, Pearland, and Fresno) ask themselves what to do if they were injured in a car accident as a passenger.
Please note the purpose of filing a personal injury claim is to recover expenses for a car accident as a passenger. It is not about “profiting” from the accident. It is about receiving fair compensation, particularly for medical bills resulting from the car accident.
So, here are the options affected passengers may consider:
File a claim against the other driver. If the other driver is liable for the accident, the affected passenger can file a claim against their insurance.
File a claim against the driver in the vehicle the passenger occupied. If the driver of the vehicle the passenger occupied is liable or partially liable for the accident, the injured passenger may file a personal injury claim against their insurance.
File a claim with their own insurance. In some instances, injured passengers may need to file a claim against their own insurance. This situation may be necessary when the liable driver’s insurance cannot cover medical bills or related expenses.
Getting help from a practiced personal injury and car accident attorney is a good idea to determine the best course of action. Getting the right legal counsel helps determine whose insurance should cover an injured passenger’s personal injury claim.
Can a Passenger Be Liable for a Car Accident in Texas?
In short, yes. An injured passenger can be liable or partially liable for an accident. In at-fault states, the comparative negligence rule is applied. By “negligence,” we understand failure to follow established safety rules and guidelines. While this rule typically applies to drivers, it can also apply to passengers.
Consider this situation:
A disruptive passenger, such as someone arguing inside the car while in motion, can cause an accident. Arguing, yelling, or even physically attacking a driver can cause a car accident. As a result, the passenger is at least partially liable for the accident. The other portion of the liability falls on the driver for operating the vehicle under disruptive conditions.
If a passenger is liable for an accident, their insurance must cover their share of the damages and personal injuries. In this situation, a liable passenger has no choice but to file a personal injury claim against their own insurance.
A good rule of thumb is to double-check if a person’s insurance covers personal injury as a passenger. An experienced personal injury and car accident attorney can advise individuals regarding their specific coverages. Additionally, an experienced attorney can recommend further coverages to guard against injuries sustained as a passenger.
Getting the Right Legal Counsel in Texas
My mission is to help car accident victims get the fair compensation they deserve. I am not out to make a profit. I am out to help my clients recover from the injuries they have sustained, regardless of liability.
I am standing by for your call. Call today to get the right legal counsel you deserve. I proudly serve clients in Missouri City, Sugar Land, Katy, Friendswood, Pearland, and Fresno, Texas.