Can Injured Passengers Sue?
When you ride with someone, whether on a trip to the local grocer or thousands of miles within the country, you expect to arrive at your destination unscathed. Unfortunately, it does not always happen accordingly, because the truth of the matter is that accidents happen. When accidents do happen and there are passengers in the car, these passengers sometimes sustain more injuries than the driver, and are left, potentially, with medical bills, pain and suffering, and the loss of income. In these cases, are passengers allowed to sue a negligent driver?
Can Passengers Sue?
If you were injured in an auto accident as a passenger, you have the right to take legal action against the at fault party, whether that be the driver of your vehicle or another party. Though determining fault can sometimes be complicated, it is often not a necessary determination for passengers as they are usually not the at fault party. You do not have to worry about liability and often times passengers are able to recover damages more quickly because the case is simpler.
Though, you may be weary to take action against a friend or family member for injuries you sustained while in a passenger in their vehicle, more than likely you will be making a claim against their insurance company and not necessarily them. When you seek damages from the insurance company you will do so under a third-party claim.
If there was more than one car involved in an auto accident, then you may have to make a claim under both drivers’ insurance policies to ensure that you receive the full compensation for your injuries. Mississippi is a pure comparative negligence jurisdiction, which means whatever part of the incident the person played in your injury is the percentage that they will have to pay for the injury. It is important to note that you may also be partially at fault for the severity of the injuries you sustained. For instance, if you caused the distraction to your driver then whatever damages you recover will be less the amount of fault you had in the accident. Though third-party claims or passenger claims are generally easier than other personal injury claims, it is important that you seek legal advice.
Need Legal Advice?
Being in an accident is a scary experience. It is even more terrifying when you are the passenger who had no control over the situation. In these situations, you may have medical expenses as well as other expenses and you deserve to be compensated for your injuries. If you or a loved one has been injured in a car accident due to another’s negligence, it is important to seek legal advice. Contact an experience Mississippi personal injury attorney at The Law Offices of Judy Guice to help you determine the best strategies for your case.