Drivers are not the only ones who sustain painful, life-altering injuries in Texas car accidents. If you are injured as a passenger, you not only need to know whether or not you can file a lawsuit, but also who would be liable, and what damages they may have to pay.
Like anyone injured because of someone else’s negligent or reckless conduct, passengers can file injury claims after car accidents in Texas. Seek compensation from whoever is ultimately liable, whether it was the driver of the car you were in, the driver of another vehicle, or even another party. Plan on filing your injury claim within two years of a car accident so you can get the economic and non-economic damages you need.
Contact our Texas car accident lawyers for a free case evaluation by calling Cap City Injury Attorneys at (512) 612-3110.
Can Passengers File Injury Claims After Texas Car Accidents?
Drivers owe passengers in their cars and other vehicles a duty of care. It’s a driver’s duty to operate their car safely, according to traffic laws, and with other drivers’ and passengers’ well-being in mind. Breaching that duty of care puts everyone in danger, and injured passengers need to know whether they can seek damages after a collision.
Suppose a driver is negligent and causes a car accident you are injured as a passenger. In that case, you would have a compensation claim against the negligent driver, no matter who they are.
Being able to seek compensation is not just a concern when you’re riding in a friend or family member’s car as a passenger, but possibly more so if you regularly use rideshare services like Uber and Lyft, and our attorneys also handle these claims.
Who Can Passengers File Injury Claims Against After Car Accidents?
You may file a lawsuit against any driver whose negligence injures you, and our attorneys can help you determine who that is.
Driver of the Other Vehicle
If another driver struck the vehicle you were a passenger in, you can file a claim against them. Passengers are not always paying close attention to what’s happening, nor do they have a clear view at all times, especially if they are in the back seat. Suppose you are unsure whether or not the driver of the other vehicle is at fault. In that case, we can review all physical evidence, witness statements, and police reports to make an accurate determination.
Owner of the Other Vehicle
Not all drivers own the vehicles they operate, like truckers who drive commercial trucks for work. In such situations, a passenger may have claims against the truck owner and the trucker’s employer, which are typically both the same trucking company.
Driver of the Same Vehicle
It’s also possible that the person driving the vehicle the passenger is in is liable. This is often the case in rideshare collisions, and our Austin car accident lawyers can help plaintiffs navigate the recovery process in these complicated scenarios. Even if you know the driver of the vehicle personally, their insurance should still cover your damages, and they would still be liable in a lawsuit if you need to go to court.
How Long Can Passengers Seek Damages After Texas Car Accidents?
Like anyone else, passengers have a limited amount of time to file injury claims after a car accident. Waiting too long to bring a lawsuit can result in missing out on the full compensation you deserve.
Tex. Civ. Prac. & Rem. Code § 16.003 provides plaintiffs with a two-year filing window for auto accident lawsuits. Time passes quickly when you are focused on healing from painful, traumatic injuries. To avoid finding yourself in a situation where the statute of limitations is about to expire, prioritize starting your case with us.
What Damages Can Passengers Get from Car Accident Injury Claims?
You need to know which damages you can recover as an injured passenger after a car accident, all of which we can calculate on your behalf.
Economic Damages
Like any accident victim, passengers risk suffering serious injuries that land them in the hospital and prevent them from working. Even in the short term, these damages can be very detrimental to victims and cause additional distress. Passengers can seek compensation for all economic damages, such as lost wages, medical bills, transportation expenses, and any other out-of-pocket costs.
Non-Economic Damages
Passengers experience unique trauma during car accidents, as they have no control over vehicles and cannot respond to an oncoming impact and mitigate it. In addition to that trauma, non-economic damages from painful injuries and ongoing mental suffering are also very common.
Don’t hold back when confiding in us about your pain and suffering. The more details we know, the better we can estimate your non-economic damages and support requests for relief.
How Can Passengers File Successful Injury Claims After Car Accidents?
File a successful injury claim as a passenger by prioritizing your safety and financial recovery.
Involve the Police
Even if both drivers involved in the crash don’t particularly want to involve the police, you most certainly can and should call 911 if you are injured as a passenger. It doesn’t matter if no one else is injured or the property damage is minimal; documenting the accident with the police is crucial for anyone who needs compensation after a collision.
Take Photos
You should take pictures of your own as an injured passenger. While you may not be concerned about property damage costs for a vehicle you do not own, pictures of damage still help your case. We can use those pictures to show the jury which driver initiated the crash, how fast they were driving at the time, and make other useful determinations from accident photos.
Document Injuries
If you’re injured as a passenger during a Texas car accident, prioritize documenting your injuries. Ask any of the drivers involved to call 911 and request emergency medical assistance if you need it, even if you are the only person hurt. Accept medical care and continue seeking it throughout your physical recovery so our lawyers have evidence that proves your injuries.
Call Our Attorneys for a Free Car Accident Case Review in Texas
Call the Round Rock, TX car accident lawyers of Cap City Injury Attorneys at (512) 612-3110 and discuss your case for free.