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Ask a Car Accident Attorney: Can You File a Claim if You Were an Injured Passenger?

by | Oct 21, 2021 | Car Accidents |

When you ride in someone else’s car, you expect to arrive at your destination safely. Unfortunately, this isn’t always the case, and you can be injured in an incident caused by either your driver or another party. In such a case, you can claim compensation for your injuries and the other consequences of the accident. A highly experienced car accident attorney local to San Antonio will help you receive enough money to cover all your medical bills.

After your accident, there are several options. You can either sue your own driver if you believe that they were at fault, or you can opt to file a lawsuit against another road user. There might also be other parties to blame who can be involved if necessary. Importantly, passengers can’t be blamed for an incident on the road, so you’re never at risk, and you can only gain from making a claim.

Can Injured Passengers File a Claim?

If you were injured in a car accident, you can file for compensation no matter if you were driving or you were simply riding in the vehicle. In fact, claims related to injuries that occurred while using a rideshare app are becoming more and more common. Your lawyer will help you analyze your case and figure out who was at fault, so you can file a successful claim and receive the money you deserve.

Suing Your Driver

More and more people are using rideshare apps to travel from place to place because they are often cheaper than traditional taxis and much more convenient than public transport. However, the drivers are not always well qualified, as almost anyone can work for Uber, Lyft, and similar services. This can lead to irresponsible drivers and an increase in accidents. If you’ve been affected by this, you can sue your driver and receive money for treatment.

People working for rideshare apps are usually insured, which means that the company covers them for up to $1 million in damages. That’s why it’s reasonably easy to get compensated for your injuries. But you can also sue other drivers who were behaving irresponsibly while you were in the vehicle. No matter if the person who drove you was a professional driver or a private contact, you should pursue the matter, particularly if you have significant injuries.

Suing the Other Driver

Sometimes, your accident might have been caused by someone else on the road, for example, a car, or bus driver who wasn’t paying attention or who broke the local traffic rules. In such a case, you can also file a lawsuit, but you will have to address it to the other party. For this reason, it’s crucial that you or your driver exchange contact details with all relevant parties at the site of the accident.

Your lawyer can help you to decide who was at fault and make the appropriate claim. Depending on the individual situation, you might decide to sue just your driver, just the other driver, or both. Often, an incident isn’t caused by just one party, so it could make sense to ask for compensation from several people who were all involved in creating an unsafe situation.

Other Parties Involved

A competent car accident attorney will have local connections to other professionals in San Antonio. If your case is complicated, they might ask them to have a look at the evidence and help to determine who was at fault. For instance, a mechanic can assess whether any of the cars involved were unsafe due to faulty parts, which could mean that the manufacturer is partly to blame for what happened.

Similarly, car accidents that happen on private property can sometimes be caused by unsafe conditions. This can also be grounds for a lawsuit, and the person at fault will be the owner of the land in question. Your lawyer is the best person to determine whether the driver, other road users, or a third party should be held accountable for what happened to you.

There Is No Risk to You

For drivers, filing a lawsuit can feel scary because there is a risk that they will be blamed for causing the issue. However, as a passenger, you don’t have the same problem. You trusted someone else to get you to your destination safely, and the fact that they failed does not reflect badly on you. Instead, the worst outcome is that you do not gain any compensation.

On the other hand, the best scenario is that you receive money for the losses you suffered because of someone else’s negligence. These might include all your medical bills, but also income you lost because you had to take time off work or quit your job due to your injuries. What’s more, the emotional impact is also taken into consideration, which means that you could get some compensation for having to see a therapist or being traumatized after the incident.

How Can You File a Claim in San Antonio?

Now you understand that you can file a claim against a number of people who caused an accident, you might wonder where to start. It can be especially daunting if you’re still suffering from the injuries and trauma related to the incident. Fortunately, there are lawyers specializing in incidents on the road who will be able to help you overcome this difficult time and move on with your life.

To find the best attorney for your situation, you should go on a law firm’s website and read through the biographies. Make sure that the firm is local to your area and has been in operation for several years. At that point, there should be some testimonials and also a “Results” page, where you can see the outcome of previous cases. Once you’ve found someone competent, you can get in touch and schedule a first meeting.

How Your Car Accident Attorney Can Help

During your initial consultation, your lawyer will speak to you about what happened and how it has affected you. If you already have evidence, such as video footage or photos of the accident, you can bring it along and show them. When you’ve finished talking about your situation and answering the attorney’s questions, they will let you know whether you have a valid case, what the likely outcome is, and whether they believe they are the best person for the job.

Over the next few months, you and your lawyer will work together closely to build your case and reach an agreement with the other party. Most likely, they will make you an offer, but this initial settlement is often too low to cover all your bills and expenses. For this reason, you’ll need to fight for your rights by negotiating with the person at fault or even taking them to court. A great attorney will be there to guide you throughout the process.

In San Antonio, passengers can file a lawsuit if they were injured while riding in someone else’s vehicle, no matter if the driver is a professional or simply a private person. To make the best of your situation, you should hire a car accident attorney who has worked with similar cases before. Call or message us now at Gamez Law Firm to find out more about our lawyers and book an initial consultation.