Passengers often face confusion following car accidents: They were not driving and did not contribute to the collision, yet they may suffer significant physical and emotional harm. Knowing whether legal action is possible is a critical step toward addressing those consequences. While laws vary by state, passengers may have the right to sue for damages.
Can a Passenger File a Lawsuit After a Car Accident?
Yes. Unlike drivers, passengers are rarely responsible for the crash, which often places them in a strong position to pursue damages. If injuries are sustained, a passenger may pursue compensation by filing a personal injury claim against the at-fault party. This may be the driver of another vehicle, the driver of the vehicle in which the passenger was riding, or even multiple drivers if fault is shared.
Passengers may pursue compensation for medical bills, lost income, and pain and suffering. The ability to collect these damages depends on establishing liability and showing that the injuries were directly caused by the accident.
Who Can Be Held Liable for a Passenger’s Injuries?
That depends on who caused the accident. For example:
- If another driver ran a red light and struck the vehicle, that driver may be held responsible.
- If the driver of the vehicle the passenger was riding in made a reckless decision, such as speeding or driving under the influence, that driver may be held accountable.
- In multi-vehicle accidents, more than one person may share fault.
- A government entity might be liable if poor road maintenance played a role.
- A manufacturer may be responsible if a vehicle defect led to the incident.
A passenger has the right to file a lawsuit or an insurance claim against any party whose negligence contributed to their injuries.
Is It Possible to Sue a Friend or Family Member Who Was Driving?
Many passengers are hesitant to take legal action against someone they know personally. However, pursuing compensation does not always involve a personal attack. Claims are typically handled by the driver’s insurance company, not the driver directly.
Filing a claim can be necessary to recover the costs of treatment, lost earnings, and long-term rehabilitation. Even if the driver is close to the passenger, that person’s insurance policy exists to provide coverage in situations like this. Emotional discomfort should not prevent you from seeking fair compensation for your losses.
What If More Than One Driver Shares Fault?
In some car accidents, more than one driver may be partially responsible for what happened. This is known as comparative negligence. If both drivers were responsible, the passenger may be entitled to compensation from each party. It may take an investigation to determine who bears responsibility and to what degree. Filing against multiple insurance policies can add complications, but it may also improve the chances of full compensation.
What Happens If the At-Fault Driver Is Uninsured?
If the driver who caused the crash lacks insurance, the passenger may face additional challenges. In some cases, the passenger’s own auto insurance policy or health insurance may offer coverage. Or, if the passenger lives with someone who has uninsured motorist coverage, that policy may apply. Legal action may still be possible against the at-fault driver, but collecting compensation can be difficult if that person lacks financial resources.
Passengers in this situation may need to look at all available options, including claims against third parties or recovery through applicable insurance policies. The lack of insurance from the responsible party does not automatically eliminate the possibility of compensation.
Injured Passengers Can Turn to a Media Car Accident Lawyer at Eckell Sparks for Legal Guidance
Whether the at-fault party was a stranger, a friend, or a family member, the law allows you to seek recovery through available insurance policies or direct legal action. To learn more, contact a skilled Media car accident lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Submit our online form or call our Media or West Chester, Pennsylvania office at 610-565-3701. We serve clients in Delaware County, Chester County, and Montgomery County.