Fort Worth Car Accident Passenger Lawyer

As a passenger in a vehicle, you trust the driver to get you safely to your destination. If you’re injured because of the fault of another driver, or even your own driver, you may have a claim against one or both of them.

That might give you pause. For example, if my wife is injured in a car accident and I was at fault, would I want her to bring a claim against me? Under some circumstances, the answer is yes, because while my insurance company may readily accept liability, it is not their job to maximize her recovery, physically or monetarily. You need an attorney at your side who is willing to go the distance to protect your spouse, or you.

Car accidents are an unfortunate reality for many Texans, with over 80,000 people injured each year in the state. As a passenger, it’s essential to understand and exercise your legal rights so you aren’t left covering costs someone else caused. This guide covers who you can hold liable, what compensation is available, and the steps to take after a crash.

Varghese Summersett is here to help you navigate the process of seeking the compensation you’re owed.

As a passenger in a car accident, you have rights, and knowing them is the first step toward getting the compensation you deserve.

• Right to Compensation: Texas law allows injured passengers to seek compensation for medical expenses, lost wages, and pain and suffering.
• Right to File a Claim: You can file a claim with the at-fault driver’s insurance company, or your own insurance if the at-fault driver is uninsured or underinsured. Our car accident passenger lawyers can help you deal with insurance companies effectively.
• Right to Report the Accident: You can and should report the accident to your own insurance company, even if you weren’t driving, to preserve your ability to file a claim.
• Right to Decline the Adjuster: You have the right to refuse to speak with insurance adjusters for the at-fault driver, or give a recorded statement, until you’ve consulted a personal injury attorney.
• Right to Consult an Attorney: You have the right to get advice from a personal injury attorney to understand your options and potential compensation before you agree to anything.

What you do in the hours and days after the crash can affect both your recovery and your claim.

1. Get medical attention first. Call 911 or get checked out even if you feel fine. Some injuries, like concussions and soft tissue damage, don’t show symptoms right away.
2. Stay at the scene and cooperate with police. A police report is often the single most important piece of evidence in a passenger’s claim.
3. Document what you can. If you’re able, photograph the vehicles, the scene, and your visible injuries, and get the names and contact information of everyone involved, including witnesses.
4. See a doctor, even for minor injuries. A gap between the accident and treatment is one of the first things an insurance adjuster will use to dispute your claim.
5. Don’t give a recorded statement to any insurance adjuster, including the driver’s own insurer, before you’ve talked to an attorney. Adjusters are trained to ask questions that minimize what they owe.
6. Don’t sign anything or accept a settlement offer until you understand the full extent of your injuries and what your claim is actually worth.
7. Talk to a car accident passenger lawyer before you talk to anyone else’s insurance company. A free consultation costs you nothing and can prevent mistakes that are hard to undo later.

In a Texas car accident case, your attorney must establish four elements to hold a driver liable:

1. Duty of care: Every driver has a legal duty to operate their vehicle safely and follow traffic laws.
2. Breach of duty: The driver failed to act as a reasonably prudent person would, such as speeding, running a red light, texting while driving, or driving under the influence.
3. Causation: The driver’s negligent actions directly led to the accident and your injuries.
4. Damages: You suffered actual damages, such as medical expenses, lost wages, pain and suffering, or property damage, as a result.

Our personal injury lawyers use police reports, witness statements, medical records, expert testimony, and accident reconstruction to prove these elements and pursue the compensation you’re owed.

There’s no set number for a passenger injury claim; every case turns on its own facts. The value of a claim generally depends on:

• The severity of your injuries and whether they’re likely to fully resolve or cause lasting limitations.
• Your medical costs, both what you’ve already spent and what future treatment is likely to cost.
• Lost income, now and going forward, if your injuries affect your ability to work.
• The insurance coverage available, which matters more for passengers than for drivers, since you may be drawing on the driver’s policy, the at-fault party’s policy, or your own.
• How clearly fault can be established against the driver(s) involved.

As a general point of reference, and not a valuation of any particular case, claims involving minor soft-tissue injuries typically resolve differently than claims involving broken bones or long hospital stays, which in turn differ from claims involving spinal cord injuries or other catastrophic harm. The only way to know what your claim may be worth is to have it evaluated by an attorney who can review your medical records, the available insurance coverage, and the facts of the crash. Past results do not guarantee future outcomes, and every case depends on its own facts.

Our skilled car accident passenger lawyers have a deep understanding of personal injury claims and Texas law and work to pursue the best possible outcome for your case.

Our team is dedicated, experienced, and not afraid to go to trial by jury when necessary. We’ve built our reputation on our results and our commitment to our clients.

If you or a loved one has been injured as a passenger in a car accident, don’t wait to reach out to Varghese Summersett.