Whoever caused the accident will be liable for your injuries. Some people assume that if they suffer injuries as a passenger, they can automatically file a claim against the driver of the car in which they were riding, but this is not necessarily true. If the driver of the vehicle you were in was negligent and caused the accident and your injuries, then the driver is liable. If someone else caused your injuries, then that person is responsible.
Who Can Be Liable for a Passenger’s Injuries in a Car Accident?
The parties who can be responsible for injuries to a passenger in a car crash include:
- The driver of the car in which the passenger was riding. For example, if the driver ran a red light and this caused the collision, the driver is responsible.
- The driver of another vehicle, not the one in which the passenger was riding. If the driver of a different car, for example, was under the influence of alcohol or other drugs, and that negligence caused the wreck and your injuries, that driver is liable.
- The passenger. If you caused the accident, you could nothold someone else responsible unless they were also negligent. By way of example, passengers can be at fault for a crash if they distract the driver, grab the steering wheel, put their hands over the driver’s eyes or engage in other horseplay, leading to the accident.
- A pedestrian. In wrecks that are the result of a pedestrian suddenly leaping into traffic, the walker can be responsible for your injuries.
- A bicyclist or motorcyclist. When the negligence of someone riding a bicycle or motorcycle causes a collision, that person is liable.
- Another negligent party at the scene of the wreck. In short, when someone else at the scene acts negligently, causing the wreck and your injuries, heor she is at fault and responsible.
Can a Negligent Party Who Was Not at the Scene of the Accident be Liable?
Yes. Someone does not have to be present at the scene of a collision to be liable for injuries if his or her negligence caused them. Some examples include:
- Improper road maintenance or road debris that causes accidents can lead to the at-fault party having to pay for your injuries.
- You might be able to pursue an action against a car manufacturer for the defective design of a vehicle if the defect contributed to the wreck.
- If a faulty car part, such as a bad tire or brakes, led to the crash, the person or company responsible can face liability.
- Incompetent vehicle maintenance or repaircan subject a mechanic to a claim for your injuries.
- Someone who tampered with the car or sabotaged the roadcan be liable.
The car accident team at the Montero Law Center is standing by to help you with your injury claim. Call us today at 954-767-6500, and we will schedule your free consultation.