What Happens If You’re Injured as a Passenger? Atlanta Car Crash Lawyers Explain
Being involved in a car accident can be a traumatic experience, especially if you’re injured as a passenger. Unlike drivers, passengers often feel powerless, having no control over the vehicle or the decisions that lead to the crash. However, as an injured passenger, you have legal rights and options to seek compensation for your injuries. In this blog post, we’ll explain the legal rights of passengers in car crashes and how Atlanta car crash lawyers can help you navigate the claims process to get fair compensation.
Legal Rights of Injured Passengers
As a passenger in a car crash, you are generally not at fault for the accident. This means you have the right to file a claim against any party responsible for the crash, including both drivers involved, depending on the circumstances. Here’s what you need to know about your rights:
1. Filing a Claim Against the Driver of the Vehicle You Were In
If the driver of the car you were in is found to be at fault for the accident, you may file a claim against their insurance policy. This is known as a third-party claim. Georgia law requires drivers to carry a minimum amount of liability insurance to cover injuries and damages they cause to others. This means you can seek compensation for your medical bills, lost wages, and pain and suffering.
2. Filing a Claim Against the Other Driver
In some cases, the driver of another vehicle may be responsible for the accident. If so, you can file a claim against their insurance policy. Just like filing against the driver of the vehicle you were in, this process involves proving that the other driver’s negligence caused the crash and resulted in your injuries.
3. What If Both Drivers Are At Fault?
It’s possible that both drivers involved in the accident share some responsibility. Georgia follows a comparative negligence rule, meaning that fault can be divided between multiple parties. In such cases, you may be able to file claims against both drivers’ insurance policies to recover compensation for your injuries. However, if you are found to be partially responsible for your own injuries (for example, if you weren’t wearing a seatbelt), your compensation may be reduced.
Compensation Available to Injured Passengers
Injured passengers are typically able to obtain the same types of compensation as drivers in an accident. This includes:
- Medical Expenses: Compensation for current and future medical treatment related to the accident, including hospital stays, surgeries, physical therapy, and medications.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for lost wages, including future earning capacity if your injuries lead to long-term disability.
- Pain and Suffering: This includes compensation for physical pain, emotional distress, and any impact the injury has on your quality of life.
- Property Damage: If any of your personal belongings, such as a phone or laptop, were damaged in the accident, you may be able to obtain compensation for those losses.
What to Do If You’re Injured as a Passenger
If you’ve been injured in a car crash as a passenger, there are several steps you should take to protect your legal rights and your chances of pursuing fair compensation:
- Seek Medical Attention: Your health should be your top priority after an accident. Even if your injuries seem minor, it’s important to see a doctor as some injuries, such as whiplash or internal bleeding, may not show symptoms right away.
- Gather Evidence: If possible, gather evidence from the scene of the accident, such as photos, witness statements, and contact information for both drivers. This can help establish fault and strengthen your claim.
- Report the Accident: Make sure the accident is reported to law enforcement. A police report can serve as valuable evidence when filing a claim.
- Consult an Atlanta Car Crash Lawyer: Navigating the claims process can be complicated, especially if multiple parties are involved or insurance companies attempt to deny or minimize your claim. Working with an experienced car crash lawyer in Atlanta can help ensure your rights are protected and that you receive fair compensation you’re able to obtain.
How Atlanta Car Crash Lawyers Can Help
Experienced car crash lawyers understand the complexities of accident claims and can guide you through each step of the process. Here’s how they can assist you:
- Determining Fault: Your lawyer will investigate the accident, gather evidence, and work with experts to determine who is at fault. This is critical for establishing liability and pursuing fair compensation.
- Dealing with Insurance Companies: Insurance companies often try to settle claims quickly and for as little as possible. A lawyer can negotiate on your behalf to ensure you receive a fair settlement.
- Filing a Lawsuit: If the insurance companies fail to offer a reasonable settlement, your lawyer can file a lawsuit and represent you in court to fight for fair compensation.
Get Legal Help Today
If you’ve been injured as a passenger in a car accident, it’s important to act quickly to protect your legal rights. The team at Bey & Associates is here to help you navigate the claims process and secure fair compensation. With years of experience handling car crash cases in Atlanta, we know how to fight for our clients and hold negligent parties accountable. To learn more about your legal options as an injured passenger, contact us today for a consultation.