Negligence Laws That May Affect Your Case
Most people are aware that when they are injured while driving a car, they may be entitled to compensation from the responsible party, depending on state laws. Georgia, North Carolina, and South Carolina are at-fault states.
That means the person who causes the accident and injuries is responsible for compensating the victim. However, many people wonder if they are entitled to that same compensation if they are injured as a passenger in a vehicle.
This means that anyone injured due to someone else’s negligence has the right to recover damages, whether they are a driver or a passenger. Passengers may suffer injury due to many of the same kinds of negligence as drivers. Some examples of negligence that cause passenger injuries include errors by other drivers, dangerous road conditions, and vehicle mechanical failures.
However, in addition to the above, a passenger may also suffer injury due to the driver’s negligence in the vehicle they are riding. Passenger cases may involve additional legal issues, so you should always contact a Charlotte personal injury lawyer for assistance with a possible case.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931When the Driver of Your Car Caused the Accident
This type of case may get delicate if the driver of the vehicle is a friend or other close acquaintance. You may not want to bring a legal claim against someone you know and like. If you do not want to file a lawsuit, your best chance of recovery is through their insurance company.
However, insurance companies will always try to settle cases for as little as possible. Even if you do not want to file a claim in court, an attorney can help you communicate and negotiate with insurance companies to receive the settlement you deserve.
Passengers who suffer injury in motor vehicle accidents have just as much of a right to recover for their losses as drivers do. Drivers purchase car insurance to protect themselves when mistakes happen. By filing a claim, you gain the legal right to seek recovery of losses you have incurred. It is your right to do so. Learn more about recovering damages as a passenger in car accidents in our FAQs.
When Another Driver Is at Fault
It is not uncommon for other drivers to cause the injuries you sustain. For example, someone running a red light strikes the car you are in. That driver could be responsible. You still have the right to seek fair compensation.
In these cases, we must demonstrate who the at-fault party is with evidence. We must also work to build your claim to include all losses directly related to the accident you were in. Your attorney must clearly demonstrate fault.
This is very important in a state that follows a modified comparative negligence rule. This is the case in numerous states, such as Georgia and South Carolina. If, for any reason, the court finds you were responsible for more than 50% of the fault in your case, even as a passenger, you may not be able to recover damages for your losses. By working with a Georgia car accident lawyer, you minimize this risk.
North Carolina Contributory Negligence
North Carolina follows a strict pure contributory negligence rule. Under this rule, if someone is found even 1% at fault for the accident, they cannot recover any damages. That is even in situations where the other party is 99% at fault.
What You Can Claim as a Passenger
Passengers have the legal right to pursue financial compensation for all losses they have suffered as a result of the accident itself and the recovery process. Every case is vastly different, requiring careful consideration of all your losses. Some of the damages you may be able to seek, if you can demonstrate them, include:
- All medical bills for the emergency care received
- Ongoing medical costs, including costs for rehabilitation, procedures, and medications
- Lost wages from the time you could not work due to your injuries
- Pain and suffering you experienced from the accident and recovery
- Emotional trauma and related expenses
- Loss of future earning capacity if you have substantial injuries
- Disfigurement if you have significant burns, scars, or amputations
Your lawyer will explore all ways your accident is impacting your health, emotional, and financial well-being. We build evidence-based cases that clearly document all of your losses. This allows our team to pursue fair compensation under the law.
What to Do After a Car Accident as a Passenger
Recovering damages after a car accident requires you, as the victim, to document all of your injuries and prove fault. To do that, act quickly at the time of the accident to take steps that protect your case. Always put your health and well-being first. But, when possible, take these steps to preserve evidence and document your losses:
- Get to safety. Put yourself first by moving away from additional danger. If you can, check on others to offer help. Then, call 911 immediately, even if you think others did. This helps to get help to you fast.
- Take photos of everything that you can without getting in the way or invading anyone’s space. That includes the damage to the car you are in, as well as to the other vehicle. If you see anything that could offer insight into what caused the accident, such as the driver’s phone playing videos or alcohol in the vehicle, capture that information.
- Take a video of the surrounding area to document the placement of all vehicles included. Your goal here is to make it clear who violated the law by tracking these details.
- Get the names of all parties involved. That includes the insurance information from both drivers. It is also important to get the name and contact information for anyone else involved, such as other passengers in the vehicle.
- Tell the police what you know and what you saw. Do not imply anything you are not confident in. Be clear about what you experienced. If you do not speak to the police at the scene, file a police report at the local station or online.
- Get medical care right away. Getting medical care helps to demonstrate that your injuries are specifically related to the accident. Follow all the care instructions your doctor provides. Keep your follow-up appointments. Document any expenses you have.
Then, seek a car accident lawyer to immediately become your resource and advocate. Having an attorney who represents you, not just the driver of the car, protects your interests specifically. An attorney can become a critical asset for you throughout this process because their sole job is to protect your rights, not anyone else’s objectives.
File a Claim Within the State’s Statute of Limitations
If you expect to recover damages as a passenger in a car accident, you must file a claim within the state’s statute of limitations. Each state’s laws differ, and it is up to you to understand what applies in your case. If you wait even one day beyond that period, you cannot seek legal action at all.
Laws differ between states. For example, in most personal injury cases, the Georgia statute of limitations (GA R&R – GAC – Chapter 115-4) is two years from the date of the accident. The statute of limitations in North Carolina and South Carolina is three years from the date of injury in most cases.
If you wait beyond that timeframe, the court will not hear your case, and the insurance company is not likely to pay you anything. There are limited exceptions to this rule, such as when you are a minor at the time of the accident. Likewise, if your accident was the result of a city or other government agency or employee, it may be much less time to take action.
With so much at stake in your right to seek compensation, it is imperative that you act immediately after an accident. Your lawyer will seek a settlement as a first step, and in most cases, that will result in the recovery of your losses. If necessary, your lawyer can pursue a legal claim through a lawsuit to make sure the insurance company acts fairly. You just need to contact us quickly to get that process started.
Do Not Just File an Insurance Claim
If you have serious injuries after a car accident, especially as a passenger in the incident, it is important to know your rights. Your claim is separate from those of the other drivers involved, and it is up to you to document all losses carefully and fully while also seeking fair compensation for your specific losses. Do not just file an insurance claim or settle with whatever the insurance company offers.
There are several reasons for this:
- The insurance company may encourage you to settle quickly and for less than the full value of your claim. This often means they will do all they can to get you to agree to the lowest sum possible, not necessarily what you are owed. They will never tell you what else you may qualify for in these accidents.
- The insurance company representing the other driver is not working on your behalf. Even if they seem helpful and fair, chances are they may not be doing all they can for you.
- Your losses may be significant and more than you realize. That means you need to understand the impact this accident may have on all areas of your life. If you simply settle for what the insurance company offers, you may miss critical access to the compensation you need.
When you hire a car accident lawyer to help you as a passenger, you get one-on-one support tailored to your situation. It allows you to pursue fair treatment under the law without further limiting yourself. Passengers rarely contribute to accidents, yet insurance companies may not treat you fairly for your losses. Call our office to meet our team of personal injury attorneys today.
Serious Injuries Passengers Face are Critical to Get Right
Passengers in car accidents often suffer serious and debilitating injuries. While much of the focus is on the drivers involved, it is very common for passengers to experience life-threatening and life-changing injuries. You deserve fair compensation for those losses. If you have any of the following injuries, it is imperative that you seek out the guidance of an attorney:
- Whiplash and neck strain are often not immediately recognized at the time of the accident
- Traumatic brain injuries, including concussions and those that result in cognitive function decline
- Broken bones, including arms, legs, hips, and ribs, some of which may include complex fractures
- Spinal cord injuries, some of which can result in ongoing partial or complete paralysis
- Internal bleeding is also not always noted at the time of the accident
- Mental health implications, such as the development of depression, anxiety, and post-traumatic stress disorder
In each of these situations, you may have extensive injuries that require surgery, hospitalization, and rehabilitation. You may be unable to work for a period of time or require significant support. Passengers deserve fair compensation for all of these losses. For that reason, hire a car accident lawyer with experience representing passengers in serious accidents.
Hire a Car Accident Lawyer Near You
These cases can be complex. All responsibility for proving fault rests on your shoulders. But our experienced car accident lawyer can help you navigate your rights and legal strategies.
While cases involving passengers may present unique legal issues, the auto accident lawyers at Shane Smith Law have extensive experience handling such cases. If you have been injured in an accident, call our office to schedule your free consultation today.
