Brad Pistotnik Law
Abogado El Toro

Can Injured Passengers Pursue Monetary Compensation After a Crash?

Can Injured Passengers Pursue Monetary Compensation After a Crash?

Can injured passengers in a car crash recover monetary compensation for their injuries? What factors should passengers consider when pursuing claims for personal injuries? Whenever a passenger sits into a vehicle operated by another driver, they place themselves under that driver's care. When an accident occurs, they may be entitled to pursue and recover monetary compensation from the driver, the other party, or either party's insurance provider.

Types of Claims Passengers Can Pursue

Passengers can pursue negligence claims against either driver or other parties responsible for causing the accident. This includes the owner of the vehicle. For example, if the owner loaned the vehicle to the driver but failed to repair known mechanical defects that contributed to causing the accident.

Passengers can even file claims against the vehicle manufacturer or a party who performed maintenance on the vehicle. For example, if the vehicle had a manufacturing defect that contributed to the crash or if improper mechanical repairs caused the vehicle to crash.

It is even possible for passengers to pursue monetary compensation in the event that the vehicle was a fleet vehicle or if the vehicle was used for work-related purposes: such as a rental vehicle during a corporate retreat that a co-worker drives. In these instances, passengers may have the option to pursue claims against the employer.

Beware the Ties That Bind

The ties that bind can also break. Passengers who are injured in motor vehicle accidents are often close friends or family of the driver. When close personal relationships exist between the passenger and the liable party, passengers most often pursue claims against the driver's insurance provider.

Passenger Liability

While passengers are most often car accident victims, they can also be the liable party. For example, if they were "horsing around" and grabbed the wheel or otherwise distracted the driver from operating the vehicle. When this happens, the driver, any injured pedestrians, or the driver and passengers of the other vehicle can pursue claims for monetary compensation against the passenger.

Documentation Supports Claims for Monetary Compensation

As with any personal injury claim, evidence is required to establish the validity of the claim and the justification for the monetary compensation requested. It is not enough to estimate or guesstimate. Every figure put before the opposing party and the court must have a solid basis in fact and fall within regulatory guidelines for compensation.

Thus, it is imperative to maintain the following records:

  • Medical expenses, including all emergency care, surgical care, and long-term therapeutic treatments.
  • Pharmaceutical expenses, including all prescribed and over-the-counter medications purchased for the treatment of injuries or management of pain following a motor vehicle accident.
  • Income, including pay stubs that indicate lost wages, as well as both paid and unpaid leave.
  • Recovery diary, including a detailed record of the physical, emotional, and financial impact the injury has caused.

We are Brad Pistotnik Law. Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. We represent motor vehicle passengers pursuing monetary compensation following a car accident. Our firm represents clients in Kansas, Illinois, Texas, Missouri, and Oklahoma. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. It is our pleasure to schedule a free consultation to discuss your claim.