Can Passengers File Personal Injury Claims?griffinreynoldswriter
According to the law of negligence, anyone who suffered injuries from another person’s careless actions has the right to file a personal injury claim. Passengers are usually considered innocent bystanders who happen to be in the wrong place at the wrong time. There are hardly any situations in which the passenger would be placed at fault for a car accident, unless the passenger forced the driver to crash.
This means that in most cases, passengers can file lawsuits against multiple parties. Talk to an Oklahoma personal injury lawyer for legal guidance on this matter.
Who Can You File a Lawsuit Against?
In multiple-car wrecks, there can be anywhere from two cars involved to four. The more cars, the harder it will be to determine negligence. Everyone is likely to attempt a lawsuit because no one likes to admit a mistake, especially a serious mistake. As a passenger, you may have the advantage because you were not driving any of the cars. This means that you will not likely be targeted for a lawsuit, but the drivers will.
This means you could potentially file a personal injury lawsuit against your driver, the other driver, or a third driver if there was one. Only file a claim if you genuinely believe another driver was at fault.
The Challenge of Negligence
Negligence has different levels depending on which state you live in. In Oklahoma, comparative negligence and modified comparative negligence are used for personal injury cases. Comparative negligence offers compensation based on the comparison between your percentage of fault and the driver’s percentage of fault. Modified comparative negligence limits the amount of compensation you could receive based on your percentage of fault.
As the passenger, your percentage of fault will probably be zero or minimal compared to your driver. You should have little trouble obtaining compensation for any injuries you may have experienced or wages you might have lost during recovery. The next challenge is to collect the relevant evidence for your claim.
The Importance of Evidence
Even if you were not the driver, it is still important for you to document what happened at the accident because people can lie. Be honest in your assessments of the aftermath and write down what happened. Then, take pictures of your injuries, your driver’s injuries, other’s injuries at the scene, and the wreckage. These will serve as physical proof for the insurance company.
Organize this evidence and send your personal injury claim to the insurance company. Be prepared to talk to a claims adjuster who will ask you questions about the accident. Do not give up if your claim is denied; you may just need to provide more evidence. However, if your claims adjuster refuses to accept your claim, an Oklahoma City lawyer may be able to help.
Personal Injury Lawyers in Oklahoma
Do not settle for no compensation if you are paying off expensive medical bills as a passenger in a car accident. Your insurance company may initially dismiss your claim, but this does not mean you have to stop trying. Call an Oklahoma car accident lawyer at the Law Firm of Griffin Reynolds at (405) 721-9500 for a free consultation today.