What if You're Injured in a Car Accident as a Passenger?

What if You’re Injured in a Car Accident as a Passenger?

When you're injured in a car accident as a passenger, it can be truly horrifying because you're just holding on for dear life. You aren't in control, and that makes it even harder than if you were behind the wheel. It's truly the worst-case scenario.

So, what if you're injured in a car accident as a passenger and have tons of medical bills, lost wages, and other damages? Can you sue the driver of the vehicle you were riding in? Can you sue the driver of the other vehicle or vehicles in the accident? What insurance comes into play, if any? 

These are all questions our clients have after getting injured in a car accident as a passenger. The accident itself is scary, but sometimes the financial consequences are even more terrifying because medical bills can ruin a person financially, and nobody prepares to get hurt in a car accident. 

In this article, we'll talk about what your rights are if you're injured in a car accident as a passenger. We'll talk about the insurance that might come into play, and we'll talk about what's involved in pursuing a personal injury claim after an Orlando motor vehicle accident. Although we're in Orlando, Florida, we handle cases all over Florida, Georgia, and South Carolina, and other than some details, like the statute of limitations, most of the information in this article will be relevant, regardless of where you got injured. 

So, if you feel like you need the help of an attorney, please don't hesitate to reach out to us. You can contact us on our website or give us a call at (321) 352-7588 for a free legal consultation. 

Overview of Passenger Car Accident Claims

Riding in a car as a passenger may appear to be the safer choice, however, when an accident happens, people often find themselves facing intricate legal matters. Even though you're not the driver, you still have the right to seek financial compensation if you suffered serious injuries in a car accident.

If you're injured while riding shotgun or sitting backseat in Florida, it's crucial to understand how Florida law applies to your situation and what steps are necessary for filing a personal injury claim.

What Constitutes A Viable Passenger Accident Claim?

If you're injured in a car accident as a passenger, you may need to file a personal injury claim or a personal injury lawsuit to recoup all the money you've lost as a result of another person's negligent or reckless driving. A personal injury claim is a civil remedy for injured people to get compensation for their losses or damages caused by negligent, reckless, or intentional acts. The purpose of a personal injury claim or personal injury lawsuit is to make injured people whole again. 

In this context, if another driver was reckless or negligent and caused an accident, and then you were injured in a car accident as a passenger, they may be held liable for your damages through a personal injury lawsuit. In Florida, you would need to show that the other driver was negligent, and then you would have a basis for seeking compensation after getting injured in a car accident as a passenger.

To successfully establish negligence in Florida, the plaintiff or person claiming damages must prove four key elements:

1. The defendant (the person being sued) had a duty of care towards the plaintiff (you).
2. The defendant breached that duty by acting negligently or recklessly.
3. This breach directly resulted in harm or caused damage to you – physical injuries in this case.
4. You incurred actual damages – medical bills, lost wages etc., due to your injuries.

To summarize, the 4 key elements are negligence are (1) Duty; (2) Breach; (3) Causation; and (4) Damages. These are the critical elements of any personal injury claim, whether you're injured in a car accident as a driver or if you're injured in a car accident as a passenger.

Navigating Liability As a Passenger in an Orlando Car Accident Can Be Tricky

Sometimes, liability is clear after an Orlando car accident. For example, sometimes there are witnesses who saw the at-fault driver going twice the speed limit in the moments before the crash. Other times, the at-fault driver gets busted for DUI. In cases where negligence is clear, you'll have an easier time getting just compensation after getting injured in a car accident as a passenger because liability is clear.

However, in some cases, figuring out who is at fault isn’t always clear cut; sometimes both drivers involved share responsibility for causing the crash. Other times external factors such as road conditions could have contributed to making matters even more complicated. Additionally, there's always the chance that the drivers will contradict each other's story about what happened, and then you're stuck in a he-said, she-said if you don't have additional evidence. 

Most of the time, proving damage liability isn't easy and straightforward after an accident occurs, but don't worry. This complexity does not deter us, and there are always arguments to be made for a passenger injured in a car accident. There are creative ways to obtain useful evidence, like dash cam footage, cell phone records, and nearby camera footage. We're here to help guide you through this maze and help you present the strongest case possible.

In Florida’s comparative negligence system, the portion of each driver's fault matters significantly when determining compensation between the two drivers. However, this is usually not as big a factor for the passenger because the passenger doesn't control either vehicle. It's still significant, however, because multiple drivers may be liable for the passenger's damages, including the driver of the vehicle the passenger was in, and one of the drivers (or both) may have good insurance, or one or both drivers may have bad insurance coverage. 

For example, let's say Passenger Pat is riding in a vehicle with Driver Dave. Dave has $10,000 in bodily injury coverage. Driver Dave was high and texting on the phone at the time of the accident. Driver Dan has $25,000 in bodily injury coverage. While speeding and drunk, Driver Dan crashes into Driver Dave on the passenger side. Passenger Pat suffers a broken arm and needs a $50,000 surgery as a result. 

Now, let's say Dave is found to be 50% at fault for smoking weed and texting, and Dan is found to be 50% at fault for speeding and driving drunk. Pat's medical bills alone are $50,000, and Dave doesn't have the insurance to cover it. As you can see, the comparative fault could be a significant issue in a passenger car accident case because one of the drivers may not have enough insurance coverage to pay for their share of the damages.

Who Can a Person Sue After Getting Injured in a Car Accident as a Passenger?

If you're injured in a car accident as a passenger on Florida roads, you need to know who can be held accountable for your injuries. Typically, the party accountable for causing the crash--the at-fault driver--is legally responsible. But figuring out who that might be can get complicated, and more than one driver may ultimately be liable.

In Florida, if you're injured in a car accident as a passenger, there are several parties from whom you may seek compensation. The driver of the vehicle you were riding in could potentially bear some responsibility. For instance, if they ran a red light or were speeding and this led to an accident, they would likely share the blame.

But what happens when another driver causes the crash? If someone else hits your ride while running through traffic signals or texting behind their wheel, they too could be held liable for negligence in a personal injury lawsuit. Accordingly, multiple drivers may need to pay up for damages like medical bills and lost wages due to their negligence.

Determining Fault After a Car Accident in Orlando

The question of who was at fault for a car accident is crucial because it directly impacts whom an injured passenger can sue after getting involved in a motor vehicle collision. More specifically, whether a driver is negligent or not can determine whether the injured passenger can seek compensation from the driver's insurance company after a motor vehicle accident. This determination typically depends on evidence gathered at the scene, like police reports, witness statements, video footage etc., which can help establish liability accurately.

Note that police reports are often wrong. The officer shows up at the scene and often only has vehicle damage and the drivers' stories to work with. Accordingly, evidence gathered after the accident can sometimes help to establish a different story than the police report tells. Nonetheless, it's always a good idea to obtain a police report after an auto accident.

Back to fault. A critical point here is that even when both drivers share blame; say one failed to yield right-of-way while the other was speeding, both could be held liable. Florida's comparative negligence rule lets you sue multiple parties based on their percentage of fault, and this is not unlike other states, like Georgia and South Carolina.

In some cases, an external factor like a defect in the vehicle or poor road conditions might also contribute to the accident. This is rare, and usually a driver is to blame. However, if proven true, other entities such as car manufacturers or government bodies responsible for maintaining roads may also face consequences in a personal injury lawsuit.

Damages Available to Passengers in Orlando Auto Accidents

Passengers who are injured in Orlando auto accidents may suffer financially, but they can seek compensation for their losses under Florida law. You might have medical bills piling up, lost wages from missed work, and other expenses that add stress to your recovery process. Fortunately, Florida law permits passengers injured in car accidents to seek reimbursement for their losses, and usually this compensation comes from an at-fault driver's bodily injury policy or from their own uninsured or underinsured motorist coverage.

Economic Damages

The first category of damages we'll talk about is economic damages. These are the easily quantifiable, tangible, objective, out-of-pocket costs related directly to your injury. These are damages that can be easily added up, and they often include the following:

• Medical Expenses: These cover any healthcare costs linked with treating injuries from your accident - doctor visits, hospital stays, and medications.
• Rehabilitation Expenses: These cover your healthcare costs associated with more long-term recovery, like chiropractic visits and physical therapy.
• Past and Future Lost Wages: If you couldn't work because of your injuries after an Orlando motor vehicle accident; this component reimburses those earnings.
• Loss of Future Earning Capacity: Sometimes, severe injuries will affect future income potential due loss of earning capacity or disability caused by the incident. If a negligent person injures you and your injuries will prevent you from advancing in your career, that's an example of loss of earning capacity. 

Non-Economic Damages

Non-economic damages are the intangible costs associated with an injury, and these damages are much more subjective and difficult to quantify. These damages reflect personal hardships experienced following an auto collision. Non-economic damages include things like:

• Pain and Suffering: Physical pain, emotional distress, anxiety or trauma experienced due to the accident can be considered under this category.
• Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities or hobbies that you loved before the accident, compensation for such loss is valid in Florida.
• Loss of Consortium: This is a type of damage available to a spouse or domestic partner for loss of support and services.
• Loss of Filial Consortium: This is a type of damage available to the parents of an injured minor child. Parents suffer when their child is injured. 
• Loss of Parental Consortium: This is a type of damage available to a minor child where the minor child's parent is injured.   

Does Personal Injury Protection (PIP) Protect Passengers in Florida?

Under the Florida "no-fault" system, a unique form of car insurance coverage comes into play - Personal Injury Protection, or PIP for short. This special policy can come into play when you're injured as a passenger in an auto accident.

Florida's No-Fault Insurance System and PIP Coverage

The essence of Florida’s no-fault insurance system lies within its name – it doesn’t matter who caused the crash; your own insurance pays out first. So, if you've been hurt while riding shotgun, your personal injury protection (PIP) coverage should kick in right away to cover some of your medical bills and lost wages.

If you're not the owner of a vehicle, what happens to your coverage under Florida's no-fault insurance system? Fear not. You’re still protected under the driver's PIP policy. That means even without owning wheels yourself, this unique feature lets passengers get help after accidents too.

The Limitations of PIP in Florida Passenger Accident Claims

Although PIP might sound great, there is rarely enough PIP coverage to make a dent in the medical bills when a person is seriously injured. The typical cap on benefits sits at $10,000 per person for emergency medical conditions resulting from the accident. This $10,000 can be used up very quickly in a case where a passenger is seriously injured and needs extensive medical treatment.

Another problem with PIP is that it doesn't cover your pain and suffering. It typically just covers a person's medical bills and lost wages. Thus, PIP often doesn't come close to adequately compensating a person after a car accident. 

When Your Costs Exceed the Cap

If your medical bills or lost wages exceed the cap on your PIP coverage, things get a bit more complicated. That's when you may need to file a claim against the at-fault driver’s liability insurance or even sue for damages. These steps could help you recover additional costs not covered under the relevant personal injury protection policies.