Fort Worth Car Accident Passenger Lawyer (2023)

Fort Worth Car Accident Passenger Lawyer, Serving Tarrant, Dallas, and Surrounding Counties

As a passenger in a vehicle, you trust the driver of the vehicle to take you safely to your destination. If you’re injured during that journey because of the fault of another driver or your own driver, you may have a cause of action against one or both.   

That might give you some pause. For example, if my wife is injured in a car accident and I was at fault, would I want her to sue me? Under some circumstances, the answer is yes – because while my insurance company may readily accept liability, it is not their job to maximize the recovery – either physically or monetarily. You need an attorney at your side who is willing to help and go the distance, if need be, to protect your spouse. 

Car accidents are an unfortunate reality for many Texans, with over 80,000 people injured each year in the state. As a passenger in a car accident, it’s essential to understand and exercise your legal rights to avoid financial devastation and ensure fair compensation for your injuries. This comprehensive guide will discuss passenger rights in Texas, the various forms of compensation available, and the importance of consulting with a personal injury attorney. As an innocent victim in the accident, claims for serious injuries, emotional trauma, and other compensation against either driver are possible.

Varghese Summersett is here to help you navigate the complex process of seeking your deserved compensation.

In this article, we’ll review the types of compensation a passenger injured in a car accident can receive, the steps to filing a claim and negotiating with insurance companies, and how our car accident passenger lawyer will guide you through the process.

Passengers Have Rights After an Accident

As a passenger in a car accident, you have rights. Knowing these rights is essential in order to protect yourself and get the compensation you deserve.

• Rights to Compensation: Texas law allows passengers injured in a car accident to seek compensation for their injuries, medical expenses, lost wages, and pain and suffering.

• Right to File a Claim: As a passenger, you can file a claim with the at-fault driver’s insurance company or your own insurance company if the at-fault driver is uninsured or underinsured. Our car accident passenger lawyers can help you deal with insurance companies effectively.

• Right to Report the Accident: A passenger can and should report the accident to their insurance company, even if they were not the driver, to process potential claims. They can also file against the driver’s insurance or any other driver’s insurance.

• Right to Decline to Speak with Adverse Insurance Adjuster: Passengers have the right to refuse to speak with insurance adjusters representing the at-fault driver(s) or provide a recorded statement until they consult with a personal injury attorney.

• Right to Consult with a Personal Injury Attorney: Passengers have the right to seek advice from a knowledgeable personal injury attorney to understand their legal options and potential compensation.

What Are Common Passenger Injuries in Texas Car Accidents?

Passengers and drivers generally share the most common types of car accident injuries. These injuries can include:

Whiplash: A neck injury caused by the sudden back-and-forth movement of the head during a car accident, which can lead to pain, stiffness, and reduced range of motion.

Concussions and traumatic brain injuries: These occur when the head strikes an object, such as a window or dashboard, or when the brain is subjected to sudden acceleration or deceleration forces.

Broken bones: The impact of a collision can cause fractures in various parts of the body, such as the arms, legs, ribs, or collarbone.

Soft tissue injuries: These include strains, sprains, and tears in muscles, tendons, and ligaments that can result from the forces exerted during an accident.

Chest injuries: Passengers may experience bruised or broken ribs, internal organ damage, or even collapsed lungs due to the impact of a car accident.

Spinal cord injuries: These can result from damage to the vertebrae, discs, or the spinal cord itself, potentially leading to partial or complete paralysis.

Facial injuries: Cuts, bruises, fractures, or dental injuries can occur when a passenger’s face comes into contact with an object during the crash, such as the steering wheel, airbags, or shattered glass.

The types and severity of injuries sustained in a car accident can vary depending on factors such as the impact’s force, the collision’s location, and whether or not passengers were using seatbelts or other safety devices.

Negligence Claim for Passenger

In a car accident, one or more parties may be found negligent. As a passenger, you can seek compensation from any negligent parties.

• Proving negligence: To establish negligence, you must prove that the defendant owed you a duty of care, breached that duty, and caused your injuries as a result.

• Identifying liable parties: Liable parties can include the driver of the vehicle you were in, the other driver(s) involved in the accident, or other entities, such as manufacturers of defective auto parts.

• Liability in car accidents: Determining liability in a car accident can be complex. Our experienced Fort Worth car accident passenger lawyers can help identify the responsible parties and build a strong case on your behalf.

In a Texas car accident case, personal injury lawyers must establish negligence to prove that the defendant (the at-fault party) is liable for damages to the plaintiff (the injured party). To prove negligence, the attorney must demonstrate the following four elements:

1. Duty of care: The attorney must show that the defendant owed the plaintiff a duty of care. In car accident cases, every driver has a legal duty to operate their vehicle safely and follow traffic laws to avoid causing harm to others on the road.

2. Breach of duty: The attorney needs to demonstrate that the defendant breached their duty of care by failing to act as a reasonably prudent person would under similar circumstances. Examples of a breach in a car accident case can include speeding, running a red light, texting while driving, or driving under the influence of alcohol or drugs.

3. Causation: The attorney must establish a causal link between the defendant’s breach of duty and the plaintiff’s injuries. In other words, they must prove that the defendant’s negligent actions directly led to the accident and the resulting injuries.

4. Damages: Finally, the attorney must show that the plaintiff suffered actual damages, such as medical expenses, lost wages, pain and suffering, or property damage, as a result of the defendant’s negligence.

Our personal injury lawyers will use various forms of evidence to prove negligence, such as police reports, witness statements, medical records, expert testimony, and accident reconstruction reports. By establishing negligence, Varghese Summersett will help you recover the compensation you deserve for your injuries and losses.

What Types of Compensation for Injured Car Passengers in Texas?

Injured passengers can seek compensation for both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Why Choose Varghese Summersett as Your Fort Worth Passenger Injury Lawyer

Our skilled car accident passenger lawyers have a comprehensive understanding of personal injury claims and Texas law and will work tirelessly to achieve the best possible outcome for your case.

Our team is dedicated, experienced, and not afraid to go to trial by jury when necessary. We have built our reputation based on our results and our commitment to our clients.