Right of Automobile Passenger to Sue Following Car Accident
In most states, if you, as a driver, are guilty of negligence, you are generally held liable for any injury sustained by any passenger in your vehicle. Fort Lauderdale car accident attorneys proficient in handling auto accident claims see these types of cases often and are quick to demand compensation for their clients injuries where the driver was negligent.
In some states there are exceptions, such as being prohibited from suing a spouse for negligence, or prohibiting a child from suing a parent. Furthermore, in some states a "social" passenger, that is, one who has not paid for the ride, may not sue the driver even if injuries resulted from that driver's "ordinary" negligence (otherwise defined as simple carelessness). However, if the accident was the result of gross negligence, such as extreme speeding or driving under the influence of alcohol, the passenger is permitted to sue.
In the case of alcohol, some states have ruled that by getting into the vehicle with an intoxicated person, the passenger has assumed the risk that an accident might occur and thereby is precluded from suing. For instance, suppose that you were at a bar with a buddy. He was pretty drunk, but when he offered you a ride home you accepted. You got into an accident and you were injured. Are you comparatively negligent simply by virtue of the, fact that you got into the car with him when you knew he was drunk? In those states where such a suit is permitted, it would be up to a jury to decide.
Generally speaking, if you are a passenger in a vehicle that is involved in an accident and you are injured, there are two parties from whom you can seek damages:
a) the driver of the vehicle in which you were riding, if he was negligent, or
b) the driver of the other car, if he was the cause of the accident.
If the other driver is uninsured, you may try to collect from your own or your driver's uninsured motorist insurance carrier.
If you are a passenger in a car involved in an accident, it's often best to retain an experienced Fort Lauderdale accident attorney other than the one representing the driver of the car in which you were a passenger, even if you don't think that driver did anything wrong. Otherwise, you run the risk of a conflict of interest developing for the attorney, which may be to the detriment of your case.
In some states there are exceptions, such as being prohibited from suing a spouse for negligence, or prohibiting a child from suing a parent. Furthermore, in some states a "social" passenger, that is, one who has not paid for the ride, may not sue the driver even if injuries resulted from that driver's "ordinary" negligence (otherwise defined as simple carelessness). However, if the accident was the result of gross negligence, such as extreme speeding or driving under the influence of alcohol, the passenger is permitted to sue.
In the case of alcohol, some states have ruled that by getting into the vehicle with an intoxicated person, the passenger has assumed the risk that an accident might occur and thereby is precluded from suing. For instance, suppose that you were at a bar with a buddy. He was pretty drunk, but when he offered you a ride home you accepted. You got into an accident and you were injured. Are you comparatively negligent simply by virtue of the, fact that you got into the car with him when you knew he was drunk? In those states where such a suit is permitted, it would be up to a jury to decide.
Generally speaking, if you are a passenger in a vehicle that is involved in an accident and you are injured, there are two parties from whom you can seek damages:
a) the driver of the vehicle in which you were riding, if he was negligent, or
b) the driver of the other car, if he was the cause of the accident.
If the other driver is uninsured, you may try to collect from your own or your driver's uninsured motorist insurance carrier.
If you are a passenger in a car involved in an accident, it's often best to retain an experienced Fort Lauderdale accident attorney other than the one representing the driver of the car in which you were a passenger, even if you don't think that driver did anything wrong. Otherwise, you run the risk of a conflict of interest developing for the attorney, which may be to the detriment of your case.