What to Do If You're a Passenger in a Car Accident
On behalf of Harper, Evans, Hilbrenner & Netemeyer
December 17, 2024
What to Do If You're a Passenger in a Car Accident
If you're a passenger in a car accident, you may feel overwhelmed, anxious, or unsure of what to do next. Being an innocent passenger doesn't mean you're without options, whether it's a minor collision or a severe crash. Unlike drivers, passengers typically don't have to worry about liability or determining who is at fault. Still, they have the right to seek compensation for injuries, lost wages, and emotional trauma. It's essential to understand the steps you should take immediately after the accident, what legal rights you hold, and how you can protect your interests.
Passengers are often eligible for compensation regardless of the driver's fault. Securing that compensation involves knowing your rights, acting swiftly, and seeking legal guidance. From ensuring your safety in the immediate aftermath to navigating the complexities of insurance claims, this guide will walk you through what to do and how to get the support you need.
What to Do Immediately After the Accident
The first few moments after an accident are crucial for your safety and well-being. Here are the steps you should follow immediately after the accident:
- Check for injuries: First and foremost, assess whether you or anyone else involved in the accident has sustained injuries. If you're injured, avoid moving unless it's unsafe to stay in place. Request medical assistance right away.
- Call emergency services: Dial 911 to report the accident. Even if the driver has already called, it's good practice to ensure that emergency responders are on their way, especially if you or anyone else has injuries.
- Document the accident scene: If you're physically able, take pictures of the accident scene, including the vehicles involved, road conditions, and any visible injuries. Collect the contact information of drivers, other passengers, and witnesses at the scene.
- Seek medical attention: Even if you don't feel injured immediately, seeking medical attention as soon as possible is essential. Some injuries, such as whiplash or internal damage, may not present symptoms immediately but can worsen over time.
- Get the accident report: Once the police arrive, obtain a copy of the accident report. This document is essential to pursue legal action or file an insurance claim.
Legal Rights of Passengers in Missouri
As a passenger, you have several legal rights when injured in a car accident, especially in Missouri, which follows a pure comparative fault system. This means that liability and compensation can be adjusted based on the percentage of fault attributed to each party involved. However, you are not typically liable as a passenger unless you directly contributed to the accident (e.g., by distracting the driver).
You may file a claim against the at-fault party, which could be:
- The driver of the vehicle you were in If the driver of your car was responsible for the accident, you can file a personal injury claim against their insurance.
- The driver of another vehicle: If the driver of another car was at fault, you can file a claim with their insurance company for compensation.
- Both drivers: In some cases, both drivers may share liability. As a passenger, you may be entitled to recover compensation from both parties, depending on their percentage of fault.
Types of Compensation You May Be Entitled To
As an injured passenger, you may be eligible to pursue compensation for:
- Medical expenses: This includes hospital bills, follow-up appointments, surgeries, physical therapy, and other medical treatments required because of the accident.
- Lost wages: If your injuries prevent you from working, you may be able to recover compensation for lost income.
- Pain and suffering: Beyond tangible financial losses, you may be entitled to compensation for physical pain, emotional trauma, and reduced quality of life.
- Future medical costs: Some injuries may require long-term or permanent medical care, which can also be factored into your compensation claim.
Steps to Protect Your Rights as a Passenger
In the aftermath of a car accident, you must take specific steps to protect your rights as an injured passenger. Here's what you should do:
- File a claim as soon as possible: Missouri law imposes a five-year statute of limitations for personal injury claims. However, acting quickly is advisable to ensure evidence is preserved, and your case is handled efficiently.
- Consult with a personal injury attorney: Handling a personal injury claim as a passenger can be complicated, especially if multiple parties or liability disputes are involved. A personal injury attorney can help you navigate the legal process and fight for the compensation you deserve.
- Only accept early settlements: Insurance companies may offer a quick settlement covering some of your current and future expenses. Before accepting any offer, please speak with an attorney to ensure it's in your best interest.
Hurt as a Passenger? We’re Here to Help
If you've been injured as a passenger in a car accident, it's essential to understand your rights and the steps needed to secure fair compensation for your injuries. The legal team at Harper, Evans, Hilbrenner, and Netemeyer can help guide you through this process with compassionate, experienced legal representation. Contact us today to schedule a free consultation and get your support during this difficult time.
