Car Accident Lawyer

Everyone knows, as an unspoken rule, that when you get into someone else’s car you are essentially putting your life into their hands. While this may seem like a dramatic way of thinking of it, the person behind the wheel of the car is responsible, in some way, for the lives of everyone else in the car. It is true that they cannot be held accountable for every possible accident they may get in, but they should be extra cautious to drive in a safe and comfortable manner. So, what should you do if you are the passenger in a car and you get into an accident? Should you seek compensation? Who should you seek compensation from? 

Determining Fault As a Passenger

For any car accident claim, you will need to establish fault. This is the same principle in any type of personal injury case. To receive compensation, you must find the liable party and make a claim against their insurance. When you are a passenger in a car accident, there are a few parties you may be looking to for compensation. Your lawyer, like a Richmond, VA car accident lawyer from a law firm like MartinWren, P.C. knows that in some cases there may be more than one party who is responsible. 

  • The driver of your car.  The first person you will likely look to is the driver of your car. Was there anything they were doing that led to the accident you were in? Were they distracted, eating, texting, or talking on the phone? If so, they may be entirely responsible or partially responsible for the accident.
  • The driver of the other car. The next place you will likely look is the driver of the other car. If you do not think the driver of your car was responsible for the accident, you may have seen the other driver acting in a way that was negligent. Witnesses at the scene may also have seen them cause the accident. 
  • Both drivers were responsible. It is possible that both drivers were at fault for your accident. When this is the case, it can complicate your claim more but you can file a car accident claim with both drivers’ insurance companies to receive fair compensation for things like medical costs and lost wages. 
  • A third party. There are certain circumstances where you may find that a third party was responsible for the accident. This could be a pedestrian who stepped out into the road or a local government who did not take proper care of the road. When this is the case, it is important to work with your lawyer to establish who the third party is who is responsible for the accident so that you can file a claim against the right party. 

Filing a car accident claim can be all the more complicated when you are a passenger. You may be concerned that you will not find the right party or that it could be awkward if you file against a friend’s insurance company if they were liable for the accident. When you have questions, call your local law firm to learn more.