As a passenger in a car accident, you put your life in the hands of the driver every time you get into a vehicle. You trust them to operate the car safely and responsibly. But what happens when that trust is shattered in a sudden, violent crash? What are your rights as an injured passenger? How much compensation can you recover to put your life back together?
Most people have no idea how to answer these questions until tragedy strikes. They don't know where to turn, what to do, or how much money they're entitled to for their injuries and losses. They feel lost, overwhelmed, and uncertain about their future.
But it doesn't have to be this way. As an injured passenger, you have powerful legal rights that can't be ignored. You have the right to hold the at-fault parties accountable and demand the full and fair compensation you need to heal and move forward with your life.
In this blog post, we'll pull back the curtain on passenger injury compensation and reveal the critical information you need to protect your rights after a crash. We'll discuss the damages you can recover, the factors that impact your claim's value, and real-world examples of the money injured passengers have secured.
Most importantly, we'll show you the steps you need to take right now to maximize your chances of a successful outcome, both physical and financial. Because when you're injured as a passenger in a car accident, knowledge is power—and we're here to empower you with the insights you need to take control of your recovery.
If you or a loved one was injured as a passenger in an auto accident, reach out to a knowledgeable car accident lawyer near you today.
Your Rights as an Injured Passenger
Passengers injured in car accidents have the same basic legal rights as drivers when seeking compensation for their injuries and losses. You can file an insurance claim or personal injury lawsuit against any party that caused the accident through their negligence.
This may include:
- The driver of the vehicle you were riding in
- The driver of another vehicle involved in the crash
- The manufacturer of a defective vehicle or vehicle part that caused the accident
- Government entities responsible for road defects or hazards that led to the crash
In most cases, your first step in seeking compensation will be filing a claim with the at-fault party's insurance company (or parties). If a fair settlement cannot be reached, you have the right to escalate the matter and file a personal injury lawsuit to have a jury decide your case.
With very limited exceptions, passengers rarely contribute to an accident that causes their injuries. After all, the passenger was not in control of the vehicle. Therefore, you likely won't have to worry about any allegations of comparative negligence reducing your financial recovery.
Types of Compensation for Injured Passengers
Passengers can seek compensation for the full extent of their injuries and losses stemming from the accident.
Depending on the circumstances, this may include money for:
- Medical expenses: Any bills for medical treatment related to diagnosing, treating, and rehabilitating your accident injuries. This includes ER visits, hospitalization, surgeries, doctor appointments, medications, medical equipment, etc. Future expected medical costs are recoverable as well.
- Lost income: Any wages, salary, tips, bonuses, commissions, or self-employment income you lost from missing work due to the accident, your injuries, and your recovery. You can also recover reduced earning capacity if you suffer disabilities that impact your ability to work and earn a living.
- Pain and suffering: The physical pain, emotional anguish, mental trauma, and loss of enjoyment of life you experienced due to the accident and your injuries. Some states allow recovery of future pain and suffering damages in addition to what you've already endured.
- Out-of-pocket costs: Any other accident-related expenses you incurred, such as transportation costs to medical appointments, home modifications to accommodate a disability, in-home assistance, etc.
The exact types of compensation available will depend on the unique facts of your case and the losses you suffered. An experienced car accident attorney can thoroughly assess your situation and determine all potential areas of recovery to ensure you pursue the maximum compensation possible.
Factors Impacting the Value of a Passenger Injury Claim
Several key factors will affect how much money you can ultimately recover for your injuries and losses as a passenger in a car accident:
- Severity of Injuries: In general, the more severe your injuries, the more compensation you can recover. Severe injuries tend to involve higher medical bills, more missed work, longer recovery times, and greater pain and suffering. Disabling and disfiguring injuries will typically result in higher awards.
- Impact on Your Life: The more significant and long-term the impact of your injuries on your life, the higher the potential recovery. If your injuries cause major disruptions to your daily activities, relationships, work, hobbies, and overall quality of life, you'll likely recover more money.
- Insurance Policy Limits: If the at-fault party's insurance policy limits are low, this can cap the amount of compensation you can recover from the insurance company, even if your losses exceed those limits. You may need to turn to your own uninsured/underinsured motorist (UM/UIM) coverage or file a lawsuit directly against the at-fault individual to recover the full amount you're owed.
- Your Own UM/UIM Coverage: If the at-fault driver lacked insurance or sufficient coverage, you can turn to your own UM/UIM policy for compensation, assuming you purchased that optional coverage. The limits of your UM/UIM policy will impact how much you can recover.
- Strength of Evidence: The stronger the evidence showing the other party was at fault, the higher your chances of recovering full and fair compensation. Strong evidence may include police reports, video footage, photos, eyewitness statements, expert analysis, and medical records.
- Shared Fault Issues: While allegations of passenger negligence are rare, there are some limited situations where a passenger may be found partially at fault, such as if they knowingly got into a vehicle with an intoxicated driver. Any fault assigned to you can proportionately reduce your financial recovery under comparative negligence laws.
- Future Anticipated Losses: If your injuries are severe and long-term or permanent in nature, a significant amount of your financial recovery may consist of future anticipated losses, like ongoing medical treatment, lost earning capacity, and future pain and suffering. Proving these damages often requires testimony from medical and economic experts.
- Number of At-Fault Parties: In some multi-vehicle accidents, more than one driver may share fault for the crash. The more parties you can hold liable, the better your chances of securing full compensation for your injuries and losses.
- Your Choice of Attorney: Working with an experienced personal injury lawyer with a track record of success handling passenger injury claims is one of the most important factors in getting the money you deserve. Choose an attorney with the skills, resources, and dedication needed to fully pursue your case.
Average Passenger Injury Settlement Amounts
Many injured passengers want to know the average settlement amount for cases like theirs. Because every case is unique, and many settlements are confidential, it's hard to provide an accurate average.
However, some recent settlements and verdicts in passenger injury cases our lawyers have secured for clients include:
- $2,750,000 – secured in an auto accident settlement during which our client sustained significant head injuries after his vehicle was rear-ended on a Chicago area interstate.
- $905,000 – recovered in a Cook County lawsuit for a passenger who had to have surgery due to cervical injuries sustained in a crash. The driver of the car she was riding in lost control and struck a support beam in the 400 block of Lower Wabash Ave in Chicago.
- $600,000 – obtained for a passenger who suffered a catastrophic injury in a contested liability auto accident in Lake County, Illinois. Insurance policy limits of $500,000 were collected from one defendant, and the victim's uninsured motorist coverage of $100,000 was collected for the liability of the other defendant, who was uninsured.
Again, these examples do not necessarily reflect what you can expect to recover in your case. The value of your individual claim will depend on the circumstances and factors discussed above. After reviewing the details, an attorney can give you a better idea of what your case may be worth.
Steps to Take to Protect Your Rights
To protect your rights and improve your chances of securing a full financial recovery as an injured passenger:
- Seek prompt medical attention for your injuries and follow all treatment recommendations.
- Gather evidence from the accident scene if you can, including photos of the damaged vehicles, your visible injuries, and the surrounding area. Get contact information for any eyewitnesses.
- Order a copy of the police accident report.
- Keep track of all expenses and losses related to your accident, injuries, and recovery.
- Avoid discussing the accident, your injuries, or your claim on social media.
- Do not give a recorded statement to the insurance company before speaking with an attorney.
- Contact an experienced personal injury lawyer right away to discuss your rights and options for seeking compensation.
How Can a Lawyer Help Me if a Car Accident Injured Me as a Passenger?
If you've been injured as a passenger in a car accident, working with an experienced personal injury lawyer is one of the best steps you can take to protect your rights and fight for the maximum compensation you deserve. Here are some of the key ways an attorney can help with your passenger injury claim:
Investigating Your Accident
A lawyer can thoroughly investigate your crash to identify all potentially liable parties and uncover important evidence to support your claim. This may involve interviewing witnesses, reviewing police reports and medical records, analyzing photos and videos, consulting with accident reconstruction experts, and more.
Assessing Your Claim's Value
An experienced attorney can accurately assess the full value of your passenger injury claim, considering all of your current and future losses. This is critical to ensuring you don't settle for less than you deserve.
Handling Communication with Insurance Companies
After an accident, insurance adjusters may try to get you to give a recorded statement, sign away your rights, or accept a lowball settlement offer. An attorney can handle all communication with the insurance companies and protect your rights.
Negotiating for a Fair Settlement
Lawyers are skilled negotiators who can advocate for your interests and fight for a settlement that provides full and fair compensation for your injuries and losses. If the insurance company refuses to offer an adequate settlement, your attorney can escalate the matter and file a lawsuit.
Building Your Best Case
If your case goes to trial, a lawyer can build a strong, persuasive case. This includes gathering and presenting compelling evidence, hiring expert witnesses, filing court documents, and representing you before a judge and jury.
Providing Invaluable Guidance and Support
An attorney can provide the guidance, support, and peace of mind you need during this challenging time. They can answer your questions, update you on your case's progress, help you access the medical care you need, and serve as your dedicated advocate from start to finish.
Contact Our Car Accident Lawyers
As an injured passenger in a car accident, you have the right to pursue compensation for the full extent of your injuries and losses. While many factors will impact how much money you can recover, working with a skilled attorney can help you build a strong case and fight for the maximum compensation you deserve.
At Abels & Annes, P.C., our Chicago personal injury lawyers have extensive experience advocating for the rights of injured passengers across Illinois. We understand your challenges and are here to help you confidently navigate the legal process.
If you were injured as a passenger in a car accident, contact us today at (312) 924-7575 or through our online form for a free consultation. We'll review your case, answer your questions, and discuss how we can help you seek the full and fair recovery you need to move forward with your life.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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