Rights of Passengers in a Car Accident
September 27, 2024 Posted In Car Accidents,Uncategorized
Being involved in a car accident can be a traumatic experience, especially for passengers who have little control over the situation. In California, passengers involved in car accidents have specific rights and legal protections that our Beaumont car accident lawyer can help you understand.
Right to File a Claim
One of the most important rights that passengers have is the ability to file a Beaumont personal injury claim. Regardless of who was at fault, passengers can seek compensation for their injuries. California is a fault-based state, meaning the at-fault driver (or their insurance company) is responsible for covering damages.
Passengers may file a claim against:
- The driver of the vehicle they were in, if their driver caused the accident, passengers can file a claim against that driver’s insurance.
- The other driver: If another driver caused the crash, passengers can pursue a claim against that person’s insurance.
- Both drivers: In some cases, more than one driver may share the blame. California follows a comparative negligence rule, so passengers may be entitled to compensation from multiple parties based on each driver’s degree of fault.
Right to Medical Care
Passengers have the right to be compensated for medical expenses arising from injuries sustained in the accident. This includes:
- Emergency room visits
- Hospital stays
- Surgery
- Physical therapy
- Medications
- Future medical care
It is important for passengers to seek medical attention immediately following the accident, even if injuries seem minor at first. Delays in treatment can hurt the chances of receiving full compensation, as insurance companies may argue that the injuries were not serious or unrelated to the collision.
Right to Compensation for Lost Wages
If the injuries sustained in the car accident prevent a passenger from working, they have the right to claim compensation for lost wages. This includes time missed from work due to hospital visits, recovery, and future work limitations. Passengers may also be entitled to compensation for loss of earning capacity if their injuries result in long-term or permanent disability.
Right to Compensation for Pain and Suffering
In addition to medical expenses and lost wages, passengers can seek compensation for pain and suffering. This covers physical pain, emotional distress, anxiety, and loss of enjoyment of life caused by the accident and resulting injuries. Calculating pain and suffering damages can be more complex, and it often depends on the severity of the injuries, the duration of recovery, and the impact on the passenger’s daily life.
Right to File a Lawsuit
If the insurance company offers an unfair settlement or denies a claim, passengers have the right to file a lawsuit. There is typically a two years deadline from the date of the accident to pursue a case in court, according to California Code of Civil Procedure Section 335.1.
Right to Legal Representation
Passengers involved in car accidents have the right to hire an attorney to help navigate the complexities of filing claims and dealing with insurance companies. An experienced Beaumont truck accident attorney can help passengers assess the value of their claim, gather necessary evidence, and negotiate for a fair settlement.