Can a Passenger Sue Both Drivers After a Car Accident?
If you were riding in the vehicle of a friend, relative, coworker, or acquaintance when an accident occurred, you might wonder whether you can sue both drivers in an accident in California. Sorting out this complex legal issue can be difficult, but an experienced attorney can explain how California’s negligence laws work and may affect the compensation you can recover after an accident. Contact the Allen Law Firm today to take advantage of a free case review.
How a Personal Injury Lawyer Can Help After a Motor Vehicle Accident
If you were injured in a car accident in which both drivers may be responsible, the case will inherently be more complicated. Each driver may be trying to blame the other, and multiple insurance companies could be involved. An experienced attorney can assess your case, identify all at-fault parties, and ensure that you understand your legal options when pursuing maximum compensation.
Experienced car accident lawyers are instrumental in securing compensation following a car accident. They can help with your personal injury claim by:
- Explaining California’s personal injury law
- Investigating your accident
- Interviewing witnesses
- Reviewing insurance policies
- Handling communications with insurance companies
- Protecting your interests from insurance companies that want to minimize your payout
- Gathering evidence to prove fault and the full extent of your injuries
- Filing legal paperwork on your behalf
- Identifying all short- and long-term costs of your injuries
- Negotiating for fair compensation
- Working with accident reconstruction experts
- Filing a lawsuit, if necessary
Because you may be dealing with multiple insurance companies, you could be dealing with double the trouble. Insurance companies are for-profit entities that try to minimize the amount they pay so that their profits far outpace these losses. Insurance adjusters work for the benefit of the insurance company and are often trained on effective tactics to minimize the value of claims, often capitalizing on vulnerable victims who are unaware of what would make a fair settlement.
The Allen Law Firm has extensive experience helping prepare passenger car accident claims in California. We can handle all of the legal legwork with confidence while you move forward with your life. Contact us today for a free case review.
Common Causes of Car Accidents
Motor vehicle accidents can happen for various reasons, with some of the most common including:
- Speeding or driving too fast for road or weather conditions
- Distracted driving
- Following too closely
- Inexperienced driving
- Failing to yield the right-of-way
- Running red lights or stop signs
- Unsafe passing or lane changes
- Reckless driving
- Aggressive driving or road rage
- Defective auto parts or inadequate maintenance
Being familiar with these common causes of motor vehicle accidents can help you determine what may have caused the crash that injured you and identify the party responsible for it.
California’s At-Fault Insurance System
California operates under an at-fault insurance system. This means that the driver who is found at fault for an accident is responsible for paying for the damages they cause due to their negligence. Injured victims can file a claim with the at-fault driver’s liability insurance for their medical bills, lost income, property damage, and other losses.
All drivers in California must be insured. Minimum liability insurance amounts in California are:
- $30,000 in bodily injury liability for one person
- $60,000 in bodily injury liability for more than one person
- $15,000 in property damage liability
These are just the minimum amounts. Drivers can choose to purchase additional insurance to protect their personal assets. If the at-fault driver does not have adequate insurance to cover your losses, you may have alternatives, such as filing a personal injury lawsuit against them or filing an underinsured motorist claim with your own insurance.
If multiple parties are at fault for an accident, you can file a claim against each responsible party.
What Happens If Multiple Parties Are at Fault for an Accident?
While some car accidents can clearly be pinned on one driver’s actions, many involve multiple factors that contribute to the crash. Take these relatively common scenarios in which multiple drivers may be at fault for the accident:
Driver 1 is distracted and begins drifting into the adjacent lane. Driver 2 tries to avoid a collision and swerves, hitting Driver 3 in the process.
There is a traffic jam on the expressway. Driver 1 is driving too fast and collides with Driver 2. Because Driver 2 is right behind Driver 3, Driver 2 hits Driver 3’s vehicle, which also hits Driver 4’s vehicle in a pileup accident.
Driver 1 is speeding. Driver 2 misjudges Driver 1’s speed and distance and turns in front of Driver 1 at an intersection. The two vehicles collide.
In these scenarios, any passengers can file claims against each responsible driver. Passengers are not typically at fault for their injuries. Under California’s pure comparative negligence rule, you can seek compensation from each responsible driver in proportion to their degree of fault. An experienced lawyer can help you file a comparative fault passenger claim, helping you establish each driver’s negligence.
Common Passenger Injuries
Passengers may suffer various injuries in a car accident, based on their location in the vehicle, where the collision between the vehicles occurred, safety features in the vehicle, and other factors. Common injuries that car accident victims suffer include:
- Traumatic brain injuries, head trauma, and concussions
- Spinal cord injuries, including herniated or ruptured discs and severe injuries that cause partial or complete paralysis
- Neck and back injuries
- Internal organ damage and bleeding
- Whiplash and other soft tissue injuries
- Severe burns
- Broken or dislocated bones
- Emotional distress or PTSD
It’s important that you seek medical attention after suffering injuries so they can be properly treated, diagnosed, and documented.
Filing a Passenger Injury Claim
Injured passengers can make insurance claims against both drivers if both share fault in the crash. If only one driver was at fault for the accident, the passenger only files an insurance claim with the at-fault driver’s liability insurance provider.
To make a successful insurance claim, you will need to show how each driver contributed to the crash with evidence such as:
- Accident reports
- Photos of the accident scene
- Videos of the accident scene
- Witness statements
- Reports from accident reconstruction experts
Your car accident lawyer can take this evidence and create a detailed description of how the crash occurred, submitting it to each insurance company. Your lawyer can also gather your medical records and other evidence to support your demand for maximum compensation and negotiate a fair settlement on your behalf.
Financial Compensation You Can Seek in a Multiple-Driver Accident Lawsuit
If you decide to file a personal injury claim or lawsuit, you can seek compensation for the various damages that you suffered as a result of the accident from each responsible driver in proportion to their degree of fault. Damages may include:
- Medical expenses
- Rehabilitation and ongoing medical treatment
- Lost wages
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability and impairments
- Scarring and disfigurement
By filing multiple insurance claims, you have a better chance of recovering fair compensation.
Legal Complications of Filing a Passenger Injury Claim
While you may be able to file multiple claims for your injuries, your claim could involve complicating factors, such as
Not Wanting to File a Claim Against Someone You Know
You may feel uncomfortable filing a personal injury claim against a friend, family member, or coworker whose vehicle you were traveling in. However, most car accident claims are resolved through negotiations with the insurance company, so you may not have to involve the other party that much.
Household Exclusions
Some auto insurance policies contain household exclusion clauses that prohibit household members or the amount of coverage they can receive from filing a claim against the driver of the vehicle in which they were a passenger. These clauses can make it more difficult for spouses, children, or roommates to recover compensation.
Multiple Claimants
If other passengers were in the vehicles involved in the accident, you may have difficulty collecting adequate compensation. For example, if the at-fault driver only had the minimum insurance amount, that only provides for $60,000 in bodily injury to all injured parties. If all the parties suffer injuries and file claims against the negligent driver, there may not be enough insurance coverage to go around.
Prompt Deadlines
Passengers are subject to the two-year statute of limitations in California. They may also be subject to additional deadlines imposed by insurance companies in their contracts.
Contact Our Car Accident Attorneys for Legal Representation
If you were injured in a motor vehicle accident as a passenger, you have important rights, and the car accident lawyers at the Allen Law Firm want to protect them. We are ready to fight for the compensation you deserve and won’t back down. Contact us today for a free consultation to discuss your legal options and begin the path to recovery.
