Unfortunately, motorists aren’t the only ones who are injured when a car accident occurs. In many cases, passengers also suffer devastating injuries. If you suffered serious injuries in a car accident while riding as a passenger, you are likely wondering what your legal rights are and whether you can seek compensation for your damages. When you’ve been injured by another person, you are entitled to pursue legal action against them. However, you must prove that the person’s negligent actions directly caused your injuries. Please continue reading to learn more about these matters and why connecting with a trusted New York City Car Accident Attorney is in your best interest.
Do I Have Rights as the Passenger in an Accident?
As a passenger, you normally don’t bear any responsibility for causing the accident itself. That said, you should be entitled to compensation for all of your damages. It’s important to understand that filing a claim against an at-fault driver as a passenger is essentially the same as filing any other car accident claim. New York is a no-fault insurance state. This means that those injured in an accident can be reimbursed by their insurance company for damages regardless of who was responsible for the cause of a collision.
If the driver of the vehicle you were riding in was responsible for the crash, you can file a claim through their insurance company to recover the funds you are entitled to for the damages endured. If another motorist on the roadways fails to obey the rules of the road, they may be held liable for your losses. Ultimately, both the driver of the car you were riding in and other drivers on the road owe passengers a duty of care. In other words, they must act in a manner that keeps others safe from an unreasonable risk of harm. If they fail to do so, they can be held accountable for their negligent actions.
Should I Consult an Attorney?
Nevertheless, you will be required to fulfill the burden of proof. This can be quite difficult as you need strong evidence to prove your claim and convince the court that your version of events is more likely true than not. If successful, you may recover compensation for your economic and non-economic damages. Economic damages refer to your out-of-pocket losses, whereas non-economic damages refer to intangible losses that are more subjective.
For more information regarding the legal avenues available for injured passengers after a car accident, please don’t hesitate to contact an experienced New York City car accident attorney. At Swerling Law, we are prepared to help you navigate the complexities involved in this legal process. Connect with our firm today to learn how we can help you fight for the full and fair compensation to which you are entitled.
