According to the National Highway Traffic Safety Association‘s latest statistics, over 3.1 million people are injured in car accidents each year; and sadly, 102 people in average die daily on United States roadways each day.
With such sobering statistics, it is important to understand your rights and options should you be involved in a car accident. While clearly the insured drivers of the vehicles can seek retribution in the event of a major injury, do passengers have the same right to file a personal injury claim; either from the driver of their vehicle, or another vehicle?
Car Accidents – Filing a Personal Injury Claim
What is the definition of a Personal Injury Claim? Personal injury claims involve physical, mental or emotional injuries which are the result of negligence on the part of another individual or business. There is a broad spectrum of events which may constitute a personal injury claim, but the three most common are slip and fall, product liability, and car accidents.
Passengers injured in a car accident are absolutely able to file a personal injury claim. In fact, because there is virtually no chance of the passenger being deemed liable for the accident, it actually may be easier to be compensated as a passenger in a motor vehicle accident.
If you are a passenger in a car accident, follow these steps to ensure that you get the payment and compensation which you deserve for your injuries.
- Be sure to first obtain the medical attention that you require. If possible, move to a safe area off the road, and wait for medical help. It will always be possible to pursue a lawsuit later on, but your health and well-being is the most important.
- If the car accident was a single car event, the driver of your car is liable for your injuries and you will need to pursue a claim against them. Should there be a two-car or multi-car accident, be sure to obtain insurance information from all involved drivers.
- Unless fault is clear, you will need to file a personal injury claim against every driver involved in the accident. The reason for this is that if you do not file a claim against one of the drivers and they are eventually determined to be the “at fault” driver, you cannot collect any compensation from them. By filing a claim against every driver, you will eventually be compensated when the details of the case – and the evidence of fault- are determined.
- If fault is clear, you can file only against the at fault driver. An example of this type of accident is a rear collision. IF you are in the lead car and another vehicle crashes into the back of your car, the rear car’s driver is at fault. If you have any questions whatsoever about how to file your personal injury claim to best protect your interests, contact a personal injury lawyer as soon as possible.
- If you are related to the at-fault driver, you cannot file a personal injury claim. However, you will be covered under their insurance policy and your medical expenses and other damages should be payable in that way.
- Every case of this type is subject to a statute of limitations. In Florida, you have 4 years from the time of the accident to file a personal injury claim. Although many people do file earlier, sometimes injuries and lingering health problems are not clear until a bit later.Still, it is always best to consult with a personal injury attorney as close as to the time of the accident as possible. This will allow you to appropriately collect and file police reports, medical appointment records, and all applicable documentation which you may need later.
Because a passenger does not have to endure scrutiny for liability, it is generally easier to collect on a personal injury claim. If you believe that you are eligible for such a case, call the Sarasota and Tampa personal injury attorneys of Probinsky & Cole.
