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.
How Do You Prove Negligence in a Fort Worth Car Accident Case?
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:
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.
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.
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.
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.
Passengers injured in a car accident may be eligible for several types of compensation, depending on the specifics of the case. Some of the most common types of compensation include:
Medical expenses: This covers the cost of medical treatment, including emergency room visits, hospitalization, surgeries, physical therapy, prescription medications, and any ongoing medical care needed as a result of the accident.
Lost wages: If your injuries prevent you from working, you may be compensated for the income you lost during your recovery period.
Loss of earning capacity: If your injuries have a long-term impact on your ability to work or earn an income, you may be entitled to compensation for the reduction in your future earning potential.
Pain and suffering: This compensation accounts for the physical pain and emotional distress you’ve experienced as a result of your injuries.
Mental anguish: In some cases, you may be compensated for the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Disfigurement: If the accident left you with permanent scars or other visible changes to your appearance, you may be entitled to compensation for the resulting disfigurement.
Loss of consortium: In some cases, a spouse may be entitled to compensation for the loss of companionship, affection, or intimacy resulting from their partner’s injuries.
Wrongful death: If the accident resulted in a passenger’s death, their surviving family members may be entitled to compensation for funeral expenses, lost income, and the emotional loss of their loved one.
Our experienced car accident passenger lawyer will evaluate your case, help you understand your legal rights, and pursue the maximum compensation you deserve.
Does My Car Insurance Cover When I’m a Passenger in Somebody Else’s Car in Texas?
Personal Injury Protection (PIP) coverage: PIP is a no-fault insurance coverage that can pay for medical expenses, lost wages, and other costs associated with an injury, regardless of who is at fault for the accident. In Texas, PIP is required to be offered by insurers, but you have the option to reject it in writing. If you have PIP coverage, it will generally cover you as a passenger in another person’s vehicle.
Uninsured/Underinsured Motorist (UM/UIM) coverage: This coverage helps pay for your medical expenses, lost wages, and other damages if you’re injured in an accident caused by a driver who either has no insurance or has insufficient coverage to fully compensate you for your damages. In Texas, UM/UIM coverage is also required to be offered by insurers, but you can reject it in writing. If you have UM/UIM coverage, it can extend to you as a passenger in another person’s vehicle.
Medical Payments (MedPay) coverage: This optional coverage can pay for medical expenses for you and your passengers, regardless of fault. If you have MedPay coverage, it will typically cover you as a passenger in someone else’s vehicle.
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.
FAQ: Passenger Injury Claims in Car Accidents
Passengers have the right to seek compensation for their injuries, medical expenses, lost wages, and pain and suffering from the at-fault driver’s insurance company or their own insurance company if the at-fault driver is uninsured or underinsured.
To file a claim, you’ll need to gather evidence, submit necessary documents, and negotiate with insurance companies. A Fort Worth car accident passenger lawyer can help guide you through the process.
Injured passengers can receive compensation for both economic and non-economic damages, such as medical bills, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life.
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. An experienced Fort Worth car accident passenger lawyer can help you build a strong case.
Our Fort Worth car accident passenger lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary to ensure you receive the compensation you deserve.
Varghese Summersett has a team of skilled and experienced personal injury attorneys who are not afraid to go to trial by jury when necessary. They have built their reputation based on their results and commitment to their clients.
You can call Varghese Summersett at 817-207-4878 or contact them online for a free consultation.