If You’re a Passenger in a Car Crash, Can You Make a Personal Injury Claim?

April 1, 2017Diana Lengerson

Car crashes occur every day and if there is an injury to the driver due to the other driver’s negligence, that person may well have a right to make a personal injury claim. But what if you are a passenger in a vehicle that is involved in an accident? Can you make a claim then?

Although the law varies slightly from place to place, the general rule is that passengers can make a personal injury claim without proving liability because the liability will ultimately lie with one of the two drivers.

When two or more cars are in an accident, at least one of the drivers will be held liable; in fact, with rare exceptions, this holds true in most one-car accidents as well. However, if you are riding in a vehicle that is in an accident and it is someone else’s fault, you may still be entitled to compensation.

Pedestrians Are Also at Risk

Just because you aren’t the driver of a vehicle that’s been in an accident doesn’t mean you are not at risk of being injured. In fact, both passengers and pedestrians are always at risk of being hurt by the negligence of other drivers.

Each year, close to 25,000 pedestrians are hit by cars and both they and the passengers in the vehicles can usually sue for damages. If you want to decrease your odds of being injured, there are some statistics to keep in mind including:

  • Adults are more likely to be injured as pedestrians between October and January whereas for children it is in spring and summer because they are outdoors more.
  • If you are hit by a car going just 65 kph, you are four times more likely to die than if the car were going 50 kph.
  • Pelican crossings are extremely dangerous and more likely to result in pedestrians getting injured than other types of crossings.Consult with an Attorney First
  • If you’ve been in an accident as a pedestrian or a passenger in someone else’s vehicle, consulting with an attorney should be your first step. Even if your injuries don’t feel that severe, they may get worse later on, and since a fair settlement will help with those injuries, it is good to know that there are professional attorneys who can help get you what you deserve. Both physical and emotional pain are often associated with these types of accidents and even when you do your best to avoid certain situations that increase the chances of being injured, accidents are still going to happen. When they do, you want the most competent attorney available.
  • Seeing a lawyer when you need information on pedestrian and passenger injury claims is your smartest option because these people know the ins and outs of the law and can therefore give you the details regarding your chances of getting a reasonable settlement. Without an attorney, you won’t even know if your claim is legitimate, much less have a shot at getting fairly compensated for your injuries.

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