What Rights Do Passengers Have After a Car Accident in Texas?
Sitting in the passenger seat of a vehicle involves an element of trust. What Rights Do Passengers Have After a Car Accident in Texas? While you might expect that nothing should go wrong, the truth is that you’re always at risk of being in an accident any time you are in a moving vehicle.
Experiencing an accident as a passenger is overwhelming. Right now, you might be feeling a loss of control and wondering what to do next. Fortunately, you have many rights after the accident, even if you weren’t behind the wheel.
When you’re already suffering from the physical pain and mental anguish of an accident, it helps to reach out to a car accident attorney who can make sure your rights are upheld. In the meantime, you can also read through this guide to learn more about your rights as you recover from your recent accident.
Know That Passengers are Protected Under Texas Law
In Texas, you have similar rights as a passenger as anyone else who might be impacted by a car accident. However, you may find that your path to filing a claim and receiving compensation may look different compared to a driver who might need to prove that they weren’t at fault.
If you are the passenger, then you have the right to request information from all of the people involved. Finding out the other party’s name, contact details and insurance information helps you regain control over your recovery. You can also obtain a copy of the accident report and other pertinent information that you can share with your car wreck lawyer.
Who Can Passengers File a Claim Against After a Car Accident Injury?
With most accidents, you’ll file a claim with the insurance company of the person who is considered to be at-fault for the collision. Taking a look at who you might need to file a claim against helps you work with your auto accident attorney to build your case.
The At-Fault Driver
In the simplest scenario, the other party is at fault. This means that their actions or behaviors are the main cause of the accident. Speeding, failure to maintain the vehicle or running a red light are a few common reasons why the other party might be at fault. Since you usually won’t know this person, filing a claim may feel less daunting.
Your Driver
Riding with someone you know is also a common scenario, but needing to file a claim against your family member or best friend could get complicated. If your driver was at fault, then your car collision attorney can help you navigate the delicate nuances of filing a claim. If you didn’t know your driver, then we can also help you determine your rights as a passenger in a rideshare vehicle or taxi.
Both Drivers
In Texas, the modified comparative fault rule typically applies. This rule simply means that whoever is 51% or more responsible for the accident is considered to be the one who is at fault. In some cases, it might be a 50/50 split. In this case, your car wreck attorney could recommend filing a claim against both parties.
What Types of Compensation Could You Recover as a Passenger?
The injuries that you can sustain as a passenger in a vehicle can be devastating. Because of this, you have the same rights to compensation as the drivers.
Some of the types of compensation that our auto accident lawyer can help you receive include the following:
- Medical expenses that may include costs for care, such as testing and treatments
- Lost wages, if you must be out of work during any part of your recovery
- Ongoing treatments such as physical therapy, surgery and prescription medications
- Temporary or permanent disability compensation
- Property damage, although this is rare when you weren’t in your vehicle
What Happens If the At-Fault Driver Doesn’t Have Insurance?
All Texas drivers are required to carry at least liability insurance, but there are times when someone might be uninsured or lack adequate coverage. In this case, working with an experienced auto accident attorney takes on greater importance.
If you or the person you were riding with has uninsured motorist coverage, then it may be possible to receive compensation through this policy. Your personal insurance policy may offer protection, even when you are in someone else’s vehicle.
In some cases, it might make sense to file a personal injury lawsuit against the at-fault driver. Our experienced lawyer can assess the other party’s assets and other details of the case to identify if this is the best path forward. There may also be other options, such as filing a lawsuit against a third party, if the accident was caused by a defective car part or lack of maintenance for a company vehicle.
What Are Common Misconceptions About Passenger Rights?
After being in a car accident, you might find yourself receiving advice from anyone you share your story with. Although many people are well-meaning, our car collision lawyer wants to help you avoid falling for these common myths.
I can’t file a claim because I wasn’t the driver during the accident.
Passengers are absolutely allowed to file claims to receive compensation for their injuries.
I’m afraid filing a claim will get my friend in trouble.
Letting your car accident lawyer handle the filing of claims and negotiations eliminates the personal factor that can cause sticky situations among friends and family members.
Passengers can only get compensation for getting their medical bills covered.
As a passenger, you might be entitled to compensation that goes beyond paying for just medical bills, such as payments for lost wages, future income, and pain and suffering.
The other passengers didn’t receive compensation, so I won’t either.
You’ll want to keep in mind that other people’s experiences in an accident can be dramatically different from your own. Our attorney takes a personalized approach to handling car accident claims for passengers.
It’s too late to file a claim as a passenger in an accident.
In the Lone Star State, you usually have two years to file a car accident claim, but this might not always apply in some cases. Some injuries take longer to show up, which means that your lawyer could still help you with your case.
What Should You Do as a Passenger After an Accident?
The first moves you make after an accident are critical for your health and recovery. Your first step is always to seek medical care for yourself and anyone else who sustains injuries. If your injuries are mild or once they are under control, then you can proceed with the following steps.
- Gather information from the other party
- Seek witness statements, video footage and photographic evidence
- Contact a car accident attorney
- Continue to document your healthcare and recovery
Although it’s common to want to share your story, it’s also important to avoid posting on social media until your case is settled. For instance, posting photos of a recent skiing or boating trip might make it look like your injuries aren’t interfering with your normal activities.
When you’re unsure of what steps to take next, you can also ask your car wreck attorney. At PM law firm, we aim to serve as personal guides who can help you navigate your way through new challenges that come up during your recovery.
For instance, you’ll also want to report any new health conditions or injuries that occur that could be related to your car accident to ensure we include them in your claim.
How Can PM Law Firm Help?
When you already have information about the incident, you might be wondering if you really need to call a car collision lawyer. We recommend contacting our team to make sure that you don’t miss out on upholding all of your rights. As you work with us, we’ll help you with these parts of handling a passenger car accident case.
- Complete an independent investigation into the accident
- Determine the best strategies for helping you recover compensation
- Manage negotiations with the other party and their insurance company
- Communicate with any other parties as necessary on your behalf
- Obtain missing records such as police reports and medical documents
- Present evidence as needed to insurance companies and other involved entities
- Reduce your stress so that you can focus on your recovery
Get Quick Answers With This List of FAQs
Time is often short during car accident recoveries, and you may only have a few moments to gather information. Reading through this quick FAQ list can help you find answers now to help you begin planning for your future.
Can passengers file a car accident claim in Texas?
You can file a car accident claim as a passenger in Texas, but you may face different challenges than drivers, which our car accident attorneys can help with.
How do you determine fault in Texas car accidents?
Insurance companies and other entities conduct investigations to determine fault. If you believe that the decision is incorrect, then our auto accident lawyer can conduct an independent investigation on your behalf.
Can a car accident passenger be at fault?
This would be a rare event, but it is possible for an insurance company to claim that you were also at fault. If this happens, then seeking legal advice is critical for your case.
Does each passenger in an accident need a different lawyer?
You have the right to choose a personal car accident lawyer who is different from the other parties involved, but we can also work with several people who were in the same car.
What kinds of compensation can I receive as a passenger?
Compensation for medical bills, lost wages and treatments are all typically covered under insurance policies, and we can also help you obtain payments for long-term disabilities and lost future income due to your injuries.
Should I try to negotiate with the insurance company on my own?
Insurance companies tend to benefit from offering the lowest compensation amounts for car accidents, which is why it is best to leave negotiations up to an experienced attorney.
Find Out Your Legal Rights as a Car Accident Passenger
Every car accident is different, but you can rest assured that you have many rights as someone who was sitting in the passenger seat. Keep in mind that upholding your rights can sometimes be difficult to do on your own.
At PM Law Firm, our lawyers have the time, experience and knowledge you need to make sure your rights are upheld and minimize stress as you move through the process of filing a claim. Contact our car accident lawyer today to begin finding out how we can help you receive the compensation you need for a healthy recovery.