Michael A. Lombardo, III, HKQ Attorney
Aug 19, 2024
What Are My Rights as a Passenger in a Crash?
Comprehensive Guide: Legal Rights and Responsibilities of Passengers in Car Crashes
Understanding your legal rights and responsibilities as a passenger involved in a car crash is crucial to protect your interests and to pursue compensation for injuries or damages. This guide provides important information on what passengers should do if they are injured in a car crash in Pennsylvania, offering practical steps, legal insights, and guidance to deal with the complex legal issues involved.
Legal Standing of Passengers in Car Crashes
Passengers in car crashes are generally not considered at fault for the collision, since they do not control the vehicle's operation. Instead, passengers may have legal claims against:
Drivers: If the driver of the vehicle in which they were traveling caused the crash because of negligence or recklessness.
Other Drivers: If another driver's actions contributed to the crash and resulted in injuries to the passenger.
Vehicle Owners: In cases where vehicle defects or maintenance issues contributed to the crash.
Unique Considerations for Passenger Claims
No-Fault Status: Passengers are typically considered innocent parties in car crashes and can pursue claims against responsible parties without concern for fault.
Family Member Claims: In some cases, passengers may be family members traveling in a vehicle driven by another family member. Despite the family relationship, passengers still have legal rights to seek compensation for injuries suffered in the crash.
Insurance Coverage: Passengers may be covered under multiple insurance policies, including those of the driver of the vehicle they were in, as well as their own auto insurance policies for uninsured/underinsured motorist coverage.
Immediate Actions After a Car Crash
Seek Medical Attention: The health and safety of all involved should be the top priority immediately following a car crash:
Assess Injuries: Check yourself and others for injuries. If anyone is injured, call emergency services (911) for medical assistance.
Document Injuries: Get medical treatment promptly and keep records of all medical visits, diagnoses, and treatment plans related to injuries suffered in the crash.
Document the Crash Scene: Gathering evidence is essential to support your claim for compensation:
Collect Information: Get the contact details, insurance information, and statements from witnesses who saw the crash. This information can help establish liability and support your version of events.
Photograph and Video Evidence: Use a smartphone or camera to capture images of vehicle damage, road conditions, traffic signs, and any visible injuries suffered by passengers.
Legal Consultation: Consulting with an experienced personal injury attorney specializing in car crashes can provide valuable guidance and advocacy:
Legal Evaluation: An attorney can assess the circumstances of the crash, review medical records, and determine the strength of your claim against negligent parties.
Negotiations and Litigation: Your attorney will negotiate with insurance companies on your behalf to seek fair compensation. If a settlement cannot be reached, they can represent you in court to seek damages.
Pennsylvania Laws and Passenger Rights
Pennsylvania's legal framework protects passengers' rights in car crashes, emphasizing the importance of seeking legal counsel to navigate complex insurance claims and legal proceedings:
Statute of Limitations: In Pennsylvania, passengers typically have two years from the date of the crash to file a personal injury lawsuit against responsible parties.
Comparative Negligence: If a passenger's actions contributed to their injuries (for example, not wearing a seatbelt), what are called Pennsylvania's “comparative negligence laws” may affect the amount of compensation they can recover.
How Hourigan, Kluger and Quinn Can Assist You
At Hourigan, Kluger and Quinn, our dedicated team of personal injury attorneys is committed to protecting the rights of passengers injured in car crashes. We offer:
Comprehensive Legal Representation: Experienced advocacy in negotiating with insurance companies and taking legal action to get maximum compensation.
Personalized Client Care: Compassionate support and guidance throughout the legal process, while making sure your voice is heard and your rights are upheld.
Contact Our Legal Team Today
If you have been injured as a passenger in a car crash, don't hesitate to contact Hourigan, Kluger and Quinn for a consultation. We provide confidential evaluations of your case and strive to secure the compensation you deserve for your injuries and losses.
For more information on our legal services or to schedule a consultation with one of our experienced personal injury attorneys, please call us at 570-287-3000 or visit us online at HKQLaw.com.
Conclusion
Dealing with the aftermath of a car crash as a passenger involves understanding your legal rights, gathering evidence, and seeking professional legal representation. By following the steps outlined in above and partnering with the knowledgeable team at Hourigan, Kluger and Quinn, you can pursue justice and fair compensation for injuries suffered because of the negligence of others.