I Was a Passenger in an Accident. Can I Sue?

March 13, 2023
Chester County Car Accident Lawyers at Eckell Sparks Protect the Rights of Injured Passengers

Sometimes when a car accident happens, passengers are injured. Injured passengers have the right to file a claim for medical costs and other losses. When passengers know their legal rights following an accident, they stand a better chance of recouping financial damages for injuries.

All drivers are responsible for obeying the rules of the road. When a driver violates a traffic law and causes an accident, that motorist is potentially liable for injuries and property damage. The driver of a vehicle that is involved in an accident might not be the owner. The owner is responsible for ensuring the vehicle is safe for use on public roads. The owner must also insure the vehicle.

Typically, injured passengers have an easier time filing a claim because they may not have to prove fault. Passengers will likely file a claim with their own insurer or the at-fault party’s insurer. If they are involved in a two-car accident, they may be able to make a claim against both drivers. In some cases, passengers may have to file multiple claims, which is why it is critical to contact a lawyer following an accident.

In Pennsylvania, you have up to two years to file a personal injury claim for damages that exceed policy limits. The at-fault party may be liable for those costs and other damages. The negligent party might be the driver, the vehicle’s owner, or a third party.

Gathering Evidence

An experienced car accident lawyer can help determine the liable parties. A police report and any traffic citations that might have been issued can help determine fault.

If an accident happens and you are a passenger, you would want to get contact information from both of the drivers involved. You should get their insurance information as well.

You can also collect statements from witnesses who saw the accident happen. There may be video footage available that might have recorded the accident. Taking photographs of the accident scene is also important. Your lawyer might consult an accident reconstructionist to help prove fault as well.

Your attorney can help you gather and compile evidence that supports your claim for damages. Your attorney can depose witnesses and all parties involved and file your claim.

Chester County Car Accident Lawyers at Eckell Sparks Protect the Rights of Injured Passengers

In some cases, injured passengers may be able to collect compensation for their losses. If you were a passenger and have injuries from an accident, speak with one of our Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Call us at 610-565-3701 or complete our online form to schedule an initial consultation. We are located in Media and West Chester, Pennsylvania, and we serve clients in Delaware County, Chester County, and Montgomery County.