Passenger Injury Attorney in Dallas, TX

injured passenger laying on the road after a car accident

Being a passenger in a car involved in a collision can be traumatizing. You may be left to cope with painful injuries, medical bills, missed work, and lost wages. Insurance companies may try to pressure you into accepting a low settlement that does not cover all your medical expenses.

At Kraft & Associates, Attorneys at Law, PC, our experienced car accident lawyers are ready to work hard to demand the just settlement you need. Injured passengers have legal rights after a car crash caused by someone else’s negligence. Our attorneys have served injured people in Dallas and Fort Worth for more than 45 years. We have the legal know-how to protect your interests and guide you through the claims process. Contact us today for a free consultation with a passenger injury lawyer.

Steps To Take If You Are Injured in a Car Accident

According to the Texas Department of Transportation, nearly 240,000 people suffered car accident-related injuries in the state in a recent year. Many of the people injured were passengers in vehicles.

Knowing what steps to take if you are injured as a passenger in a car accident is important. As with any personal injury claim, evidence will play a key role in determining the outcome of your case. The more evidence you have supporting your claim, the better your chances of recovering compensation. Here are some steps to take after an accident to protect your rights. 

Report the Accident

Call the police and report the accident. If anyone needs emergency medical attention, request an ambulance. When the police arrive, answer their questions, but do not speculate. The police accident report will document the basic facts of the accident and who was involved. Having an accident report is essential if you need to file a car accident claim later.

Collect Evidence at the Scene

The scene of a car accident can be chaotic and stressful. Gathering evidence may not be the first thing on your mind, but the more evidence you can collect, the stronger your claim will be.

If you are able to do so, try to collect:

  • The names, contact numbers, and insurance information of the drivers involved in the accident
  • Names and contact information of witnesses
  • Photos of any injuries you sustained
  • Photos of any damage to the vehicles involved in the crash.
  • Photos of skid marks
  • Photos of traffic lights, signs, or signals

Seek Medical Assistance

You might not immediately notice the injuries you sustained as a car accident passenger. The symptoms of a concussion, certain neck and back injuries, and psychological trauma can take hours or days to appear. A trained medical professional may recognize symptoms of an injury that are not apparent to you and prevent serious complications from arising.

Contact An Attorney

Have a passenger injury lawyer review the accident and explain your legal options. Talk to a lawyer before considering any settlement offers or signing any documents presented by an insurance company. An insurance company may make a quick lowball offer to limit the company’s financial liability. With an experienced passenger injury attorney by your side, insurance companies are put on notice that they can’t take advantage of you.

Stay Off Social Media

You should assume anything that you post on social media will be seen by an insurance adjuster and may be used against you to undermine your claim. If you post pictures of yourself on vacation or out with friends, you may be accused of exaggerating your injuries. If you post comments about the accident, your words may be taken out of context and used against you. To be cautious, avoid posting anything on social media until your case has settled.

Claiming Compensation as a Passenger in a Car Accident

Depending on who was at fault, an injured passenger may file a claim against one or more drivers involved in a car accident. You may seek compensation for the following types of losses:

  • Medical costs
  • Lost wages
  • Pain and suffering
  • Mental anguish

Do not accept any settlement until you have a clear picture of your medical expenses and other losses. Reaching an appropriate settlement can take months or longer if complex medical issues are involved.

Texas Statute of Limitation for Passengers Involved in Car Accidents

In most cases, the statute of limitations for filing a personal injury claim in Texas is two years from the date of the accident. If you try to file a lawsuit after the deadline has passed, the court may dismiss your claim.

Passengers injured on a city bus or other municipal vehicle have as little as six months to file a claim for damages. These claims are also subject to additional steps.

Texas laws and complex insurance policies can be difficult for a layperson to understand. A knowledgeable passenger injury attorney can review the details of your case and determine if any exceptions may apply.

Average Passenger Accident Settlement

The facts of each car accident are different, so there is no average settlement amount for an injured passenger. The factors that can affect the settlement include the injured person’s age and medical history, how long he or she waited to seek medical care, and the circumstances of the accident. A passenger injury attorney can review your auto accident to determine whether you have a valid injury claim and guide you through the claims process.

Are Passengers Covered by Car Insurance in Texas?

Passengers are covered by auto insurance in Texas. The specific circumstances of a crash will determine which driver’s insurance is financially responsible for a passenger’s injuries.

Under Texas law, a passenger who did not contribute to the accident is entitled to full compensation within the at-fault driver’s insurance policy limits.

Is a Passenger Ever at Liable for The Accident?

In most cases, a passenger cannot be held liable for the actions of a driver. However, passengers can be found responsible for acts of negligence or misconduct that contributed to the crash. Some ways a passenger may contribute to an accident include:

  • Intentionally distracting the driver
  • Grabbing the steering wheel
  • Encouraging an intoxicated person to drive
  • Covering the driver’s eyes
  • Encouraging the driver to speed or engage in reckless conduct

Texas is a proportional negligence state. If you are partially at fault for your injuries, your settlement may be reduced in proportion to the percentage that you were at fault.  As long as the passenger is less than 51% responsible for the accident, the passenger is entitled to compensation for their injuries.

Need help seeking compensation for injuries you sustained as a passenger in a car accident? Contact Kraft & Associates, Attorneys at Law, PC today for a free consultation with a car accident lawyer in Dallas.