No one leaves home expecting to be involved in a car accident. But car accidents happen, and when they do, there are important steps that need to be taken to increase your chances of obtaining compensation for your injuries and losses.
It’s also important to understand how the personal injury claims process works, and your legal rights and options after being injured in a car accident. If you happen to have been injured in a car accident as a passenger in California, here is what you need to know:
A Passenger’s Rights After a Car Accident in California
In California, injured passengers have the same rights as injured drivers after a car accident. But, as a passenger, you will usually have an easier claim than a driver, because passengers are rarely at fault for a car accident.
However, there are a lot of things that can go wrong with a personal injury claim. Most importantly, the liable auto insurance company will do everything they can to limit or deny your claim. It is, therefore, in your best interest to hire the assistance of an experienced California personal injury lawyer from our law firm, who can ensure that your claim is dealt with fairly.
Against Whom Can an Injured Passenger File a Claim?
As an injured passenger, it’s up to you to decide whose auto insurance will cover your claim, the insurance of the driver of the car in which you were riding, or the insurance of another driver who was at fault for the accident.
If there were multiple vehicles involved, at least one of the drivers (and possibly more) will be held responsible for the accident. They will also be liable to compensate you for your injuries and losses. If it was a single-car accident, the driver of the vehicle in which you were a passenger will be liable to compensate you.
This is something that you will need to investigate with the help of your attorney. Usually, however, it is a good idea to file a claim against every driver involved, just to cover all bases.
The Elements of a California Personal Injury Claim
If you were injured in a car accident as a passenger, you have a right to file a personal injury claim to be compensated for your injuries and losses. But, to succeed in your claim, you will need to establish the following elements necessary for a valid California personal injury claim:
1. Duty of Care – the drivers involved in the accident had a duty to drive carefully and to avoid accident or injury to anyone.
2. Breach – either the driver of the vehicle in which you were a passenger, or another driver (or both) breached their duty of care.
3. Causation – the driver’s breach of duty was the cause of your injuries
4. Damages – you suffered verifiable bodily injury, economic losses, or noneconomic losses.
If you can establish that each of these elements exists in your case, you may have a viable California personal injury claim.
What Compensation Can I Receive for My Car Accident Injuries?
Filing a personal injury claim against the at-fault driver and their auto insurance provider will allow you to seek compensation for the following damages.
• Medical bills;
• Lost wages and income;
• Pain and suffering;
• Emotional distress;
• The cost of therapy and rehabilitation; and
If you are unable to return to work due to your injuries, you may also be able to recover compensation for future lost wages and loss of earning capacity. What’s more, if you are left with any permanent disability, your claim may include damages for loss of enjoyment of life, lifelong care and support, etc.
The eAccidents team will ensure that all of your damages are documented and calculated properly, so that you can receive every bit of compensation that you and your family will need to move forward with your lives.
Contact an Experienced California Personal Injury Lawyer
For the assistance you need, contact eAccidents at 844-400-0123 today to arrange a free consultation with a qualified and experienced California personal injury lawyer. We will guide you through every step of the claims process and ensure that you receive the best possible outcome for your California personal injury claim.
We handle car accident cases on a contingency fee basis. This means that we won’t charge any fees unless and until we recover compensation on your behalf. Call us today @ 844-400-0123.