Home Car Accidents Passenger Injury

Protecting the Rights of Injured Passengers

Automobile passengers are in a vulnerable position. They have no control over the vehicle, and there is nothing they can do to avoid a crash. Passengers have legal rights after a car accident, the same as drivers, including the right to pursue compensation for their injuries.

Texas is an at-fault state for auto insurance, which means the at-fault driver is responsible for paying damages sustained by anyone involved in the crash, including passengers.

If you were harmed in an automobile accident, contact The Lenahan Law Firm today by calling (214) 295-1008. We can help you get the money you need to get better.

Damages Passengers May Recover

When you’ve been injured due to someone else’s negligent behavior, you have the right to pursue compensation for your losses. Damages in a motor vehicle accident claim may include:

  • Current and future medical expenses
  • Lost wages or earnings
  • Physical therapy
  • Rehabilitation
  • Medical equipment
  • Pain and suffering
  • Emotional trauma
  • Mental anguish
  • Scarring and disfigurement
  • Permanent disability
  • Diminished quality of life

Filing a Claim for Damages

If you were injured as a passenger in an automobile accident, you may be able to file a claim against the driver of the other vehicle, the driver of the vehicle you were traveling in, or both. Liability depends on who was at fault.

It’s helpful to remember that you’re not taking your friend to court – your lawyer is filing a claim against an insurance company to get you the money you need to heal from your injuries.

To recover compensation for your losses, you will need to file a claim against the at-fault driver’s insurance policy. Under state law, all drivers in Texas are required to carry a minimum of $30,000 per person and $60,000 per accident in liability bodily injury coverage.

What If More Than One Driver Contributed to the Crash?

Two or more drivers may share responsibility for an automobile accident. For example, a driver who was texting while driving may be hit by a driver who was running a red light. Or a driver may crash into a vehicle after another driver swerves into his lane.

If both the driver you were riding with and another driver were at fault for your accident, a percentage of the fault will be assigned to each under the Texas modified comparative fault rule. This could affect how you seek compensation as an injured passenger.

Your damages may need to be divided among the responsible parties according to the percentage of fault each driver bears for the accident. If the other driver is assigned 70% of the fault for the crash, you may be seeking 70% of your damages from that driver and 30% from the driver of the car you were riding in when the collision occurred.

How Your Personal Injury Attorney Can Help

Insurance companies are in business to make money. Their goal is to reduce claims as much as possible. An insurance company agent may try to discredit you or get you to make a statement that could hurt your claim. That’s why it’s best to let your personal injury attorney do all the negotiating with the insurance companies.

You’re much more likely to get a fair settlement if you come to the table with a skilled personal injury lawyer by your side. Your attorney will investigate the accident to find out what happened and then they’ll present one or more insurance companies with claims that accurately reflect the true nature of your expenses.

During their investigation, your attorney will examine the following types of information:

  • Police reports
  • Your medical records
  • Accident scene photos
  • Witness testimony
  • Surveillance camera video
  • Testimony from medical experts
  • Accident scene recreations

Occupant Ejection Injuries

Any type of automobile crash is cause for concern. But an accident that results in occupant ejection can be devastating. In addition to the injuries sustained when being thrown from the car, the occupant also faces the possibility of being hit or run over by other vehicles.

Defective door latches, seatbelt malfunctions, weak window glass, and rollover accidents can all cause a passenger to be ejected from the vehicle. Manufacturers of defective equipment may be held liable if mechanical failure contributed to the passenger’s injuries.

Injuries and other catastrophic consequences that may result when a passenger is ejected during an accident include:

  • Paralysis
  • Traumatic brain injuries (TBI)
  • Loss of limb
  • Bone fractures
  • Severe bleeding
  • Internal organ injury
  • Wrongful death

We’re Here to Help

Our team of Dallas personal injury attorneys at The Lenahan Law Firm has a history of success for our clients, with many multi-million-dollar settlements and awards. We have built our reputation on fighting big companies and achieving real world results. Our experienced car accident lawyers can handle every aspect of your case and advocate for your best interests in insurance negotiations or a jury trial.

We offer a FREE consultation with no time limit, and we’ll listen carefully to find out how your accident occurred. If you’ve been seriously injured as a passenger in a car accident, give us a call at (214) 295-1008. At The Lenahan Law Firm, you won’t owe us anything unless we win you a settlement.

"I honestly am not sure what we would’ve done without you and your team. You have our deepest gratitude."
- Charles D.

Google