A common question our firm receives is: “What are my rights as a passenger in a car accident?” Passengers injured in car accidents have the right to seek financial compensation, the same as injured drivers. However, there are differences between passenger injury claims and driver injury claims.

If you have been injured in a car accident as a passenger, the personal injury attorneys at Burch Law Firm are here to assist. Passenger injuries can leave you with expensive medical bills and unable to work. We can help you pursue compensation for your injuries so you can recover and take back your life. Contact our offices today for a free consultation to speak to a knowledgeable car accident lawyer in New Braunfels.

How a New Braunfels Car Accident Lawyer Can Help Injured Passengers

As a graduate of Texas Christian University and Baylor Law School, Troy D. Burch, Jr. has been practicing law in New Braunfels for 35 years. Our experienced legal team has helped countless Texans with their personal injury claims. We can manage every aspect of your claim, from initial filing to final negotiations, including by:

  • Explaining your legal rights if you were a friend or family member of the driver responsible for the car crash
  • Investigating the accident scene for evidence
  • Reviewing your and the at-fault driver’s insurance policy, including medical payments coverage and personal injury protection
  • Gathering medical documentation and police reports
  • Guiding you through the legal process
  • Ensuring you receive the medical care you need
  • Calculating your losses
  • Handling your insurance claim
  • Sending demand letters to insurers
  • Negotiating settlement offers
  • Representing you during hearings and trials

Navigating a car accident claim as a passenger can be complex, but we can provide guidance and fight for the financial compensation you need to heal and move forward. Here is what one satisfied client had to say about our work:

“Troy has done a fantastic job on all the cases that he and I have worked on together. His attention to detail is outstanding and his knowledge of the law in his field is second to none. Hire him if you want a great lawyer on your side.” – David P.

Understanding Your Rights as an Injured Passenger in Texas

All drivers in Texas have a duty of care to minimize risk to those on the road, including passengers in other motor vehicles. If a negligent driver causes an accident, they can be financially responsible for any injuries they cause to drivers and passengers. As a car accident passenger, you have the right to:

  • Request the at-fault driver’s information, including their license, insurance, and contact information
  • Request reasonable assistance and receive medical treatment for your accident-related injuries
  • Access police reports and other documentation regarding the accident
  • File a claim against the at-fault driver to recover fair compensation for your medical bills, lost work income, and other injury-related losses

Determining Fault and Liability in New Braunfels Car Accidents

One of the main differences between passenger and driver accident claims concerns liability. As a passenger, you are generally not considered liable for accidents. This difference tips the insurance process in your favor, as you usually don’t have to worry about proving your lack of fault. Instead, you just need to prove that the at-fault driver was negligent when they caused your car accident in Texas.

However, that doesn’t mean passengers can never be liable for car accidents. As a passenger, you can share liability if your negligence contributed to that accident. Passenger negligence could include behaviors such as:

  • Distracting the driver by talking or touching
  • Obstructing the driver’s view or windows/mirrors
  • Grabbing the steering wheel or pulling the e-brake
  • Physically assaulting or hitting the driver
  • Encouraging reckless driving behavior, such as speeding

An attorney can work to minimize your potential liability and defend against accusations of shared fault.

Frequently Asked Questions for Injured Passengers in Car Accidents

Can I file a claim if the driver of my car was at fault?

Yes, passengers can file a claim against any driver who was responsible for the auto accident. This includes the driver of the car in which they were a passenger. However, there may be some exceptions and limitations. An experienced attorney can determine whether any exceptions apply to your case.

What kind of compensation can an injured passenger receive?

Injured passengers can recover compensation for any injury-related losses, such as:

  • Medical expenses
  • Lost wages
  • Reduced earning capacity
  • Property damage

Car accident victims may also be able to recover financial compensation for pain and suffering and other non-economic losses. An attorney can calculate your losses and negotiate with insurance companies to recover the maximum compensation possible.

Do I need to call the police after the accident as a passenger?

Passengers are not specifically required to contact the police after an accident – that responsibility falls to the drivers. If the drivers refuse to call the authorities or file a claim, you, as a passenger, should insist they do so. You want the police to have an official record of the accident in Texas when you file an injury claim.

Should I talk to the at-fault driver’s insurance company?

Texas uses a fault-based system for car insurance, so you will eventually need to talk to the at-fault driver’s insurance company to initiate a claim. However, you shouldn’t contact the insurance company until a Texas car accident attorney reviews your case. Your attorney should also handle the majority of direct communications with the insurer.

How long do I have to file a claim after being injured as a passenger?

Texas has a two-year general time limit on personal injury lawsuits, including car accident lawsuits. Once the two years expire, your legal claim to compensation becomes null and void. Evidence proving your claim can fade quickly, so your best option is to contact an attorney as soon as possible to begin the process.

If you have any more specific questions about what happens if you are a passenger in a car accident, contact Burch Law Firm.

Contact Burch Law Firm Today to Schedule Your Free Consultation

If you have injuries as a passenger after a car wreck, Burch Law Firm can provide effective and reliable legal representation. Contact our offices online or call today for a free case consultation with an experienced car accident attorney in New Braunfels.