If your car accident was caused by another party, passengers have a right to file a personal injury claim against the driver when they are driving negligently. This means, while the driver may not have intentionally caused your injuries, the accident occurred through their carelessness or by them not taking proper actions to prevent your injuries.
The purpose of filing a personal injury claim is to obtain monetary compensation that can cover the cost of your medical bills, lost wages, and pain and suffering. However, not all insurance companies will accept your claim. This is when you should consider hiring a Tennessee car accident lawyer.
When a Passenger Can File Claims
Two drivers could potentially be sued in a car accident. If the wreck only involved the vehicle you were riding in, this means your driver caused the accident. You can sue your driver, but if there were two vehicles involved, your driver and the other driver may be responsible for the wreck. When it comes to multiple-vehicle wrecks like these, you may be able to file a lawsuit against your driver, the other driver, or both drivers. To do this, you will need to determine how those drivers acted with negligence.
Determining Negligence
When it comes to determining negligence, there are several ways in which your driver may have caused the wreck. If your driver was distracted or under the influence of alcohol or drugs, then this counts as negligent behavior. The same negligence applies if your driver ran a stop sign and another driver hit the car.
The other driver may also be sued for the same reasons like distracted driving, reckless driving, driving while intoxicated, or breaking traffic laws. However, there are different types of negligence that can complicate the situation. These types of negligence determine whether you will be compensated and how much compensation you can receive.
Comparative negligence states that you may seek remuneration for damages that match your percentage of fault for the accident. Modified comparative negligence limits what damages you can be reimbursed for based on the percentage of fault. Contributory negligence asserts that in order to be repaid, you must not be at fault for the accident at all.
Contributory negligence is the passenger’s best friend. This is because, in most cases, the passenger did not do anything to cause the wreck. Some exceptions are when passengers distract the driver or do something to the car that causes the driver to lose control. In most instances, the passenger will likely be recompensed through contributory negligence.
