In the aftermath of a car accident, the focus tends to be on the drivers involved in the crash. However, passengers can also be seriously hurt. Depending on where you were sitting and how the vehicle was impacted, you may even be more seriously injured than the driver of the car you were traveling in.
As a passenger, you’re just as entitled to compensation following a motor vehicle accident as the drivers. After a Texas car accident, you need an attorney who will understand your challenges and champion your best interests, whether at the negotiating table or in the courtroom. Shamieh Law is ready to get you the compensation you deserve.
How Much Money Can I Get in a Car Accident in Texas?
In a car accident claim, you can generally pursue compensation for two primary types of damages: economic and non-economic. Economic damages cover the financial losses you sustain from a car accident, such as medical bills or lost wages. Non-economic damages compensate you for the more subjective impacts, such as pain and suffering or loss of quality of life. There is no set amount you can recover for your damages. Many factors can affect the amount of compensation you recover, including the nature and extent of your injuries, the amount of your financial losses, whether your injuries affect your ability to work, the amount of insurance coverage available, the strength of your case, and the level of culpability of the at-fault party, and whether children were also hurt.
Some states have statutory limits on how much plaintiffs can receive in personal injury damages. However, Texas does not have a cap on economic and non-economic damages. If the defendant in your personal injury case behaved maliciously or recklessly endangered others’ safety, a judge may also award punitive damages. These damages punish the defendant and deter future misconduct. In Texas, punitive damages may not exceed two times the amount of economic damages plus the amount equal to non-economic damages not to exceed $750,000 or $200,000, whichever is greater. To estimate how much your car accident settlement might be worth, you can calculate your potential damages using our personal injury settlement calculator.
Who Is Liable if I Suffer Injuries as a Passenger in a Car Accident?
In Texas, passengers can recover damages against the driver whose negligence or misconduct caused the car accident, even if they were the driver of the car you occupied. In some cases, third parties might be liable for the accident, such as manufacturers of defective vehicles or components, rental car companies that failed to maintain their vehicles, and government agencies responsible for maintaining roads.
When a passenger is injured, insurance companies typically use police reports, interviews with crash witnesses, and an accident scene analysis to determine fault. Law enforcement officers and insurance companies typically gather evidence, such as skid marks and available video footage.
Even though passengers aren’t responsible for the operation of the vehicle they are traveling, they can occasionally be at least partially to blame for an accident. For instance, a passenger might have distracted the driver, encouraged reckless driving, or tried seizing control of the vehicle.
Comparative Fault in Texas
Under comparative negligence, called proportionate responsibility by Texas law, a person cannot recover compensation if they are 51 percent or more to blame for an accident. They may recover damages if they are 50 percent or less to blame, but their compensation will be reduced in proportion to their share of the blame.
For example, if you’re found to be 40 percent responsible for an accident and suffer $100,000 in damages, you can only receive 60 percent of the damages or $60,000.
What Are My Rights as a Passenger in a Car Accident?
As a passenger, you have rights following a car accident, including the following:
- You can request the names, phone numbers, and insurance information of the parties involved.
- You can obtain medical treatment for injuries you sustain, both at the scene and after the crash.
- You can request a copy of the police report associated with the accident.
- You can pursue a claim against the at-fault driver and seek compensation for your economic and non-economic damages.
- You can —and should—decline to speak to insurance adjusters before talking with an attorney.
- You can file a lawsuit against the parties responsible for the crash.
If you’ve been injured as a passenger in a car accident and have trouble accessing any information you’re entitled to or getting the medical treatment you need, an experienced car accident attorney can help.
Contact Shamieh Law Car Accident Lawyers
For a free case review with an experienced Texas car accident attorney, contact Shamieh Law today. We work hard to get injured car accident victims the justice and compensation they deserve.
Call us at (469) 813-7332 or contact us through our website.
