As a passenger, you may wonder what rights you have if you were involved in a car accident. You are likely wondering if you can even recover any of your losses. The good news is that you are entitled to pursue damages against the driver who was at fault. If they are uninsured or underinsured, you may be able to recover some of your losses through your own insurance. A Houston car accident lawyer can help streamline the process and prevent delays in your claim.
The Houston car accident attorneys at Steve Lee help you recover your losses when you have been injured as a passenger. Our team is your ally and loyal advocate when you are trying to recover compensation. We negotiate your passenger injury claim with the insurance company as well to ensure your rights are protected. With more than 50 years of experience, our team has handled a variety of car accident cases, and can fight to get the results you need.
How Fault Is Determined in an Accident in Houston, Texas
As the passenger in a vehicle, you have the right to file your claim against the party who is at fault for the accident. Your attorney must show liability and clearly establish negligence by the other party. The standard of negligence includes four parts:
- Duty of care: The other driver was supposed to adhere to the rules of the road and use reasonable caution to avoid causing harm.
- Breach of duty: The other driver disregarded their responsibilities when they failed to act in a safe manner.
- Causation: As a result, the other driver caused a chain of events that led to an accident that involved the car you were in.
- Damages: The at-fault driver must pay for the damages that you sustained.
While passengers are not typically deemed at fault in an accident, there are times when it could happen. In these cases, you may still be able to recover some damages as long as you were less than 50% at fault for the accident, per Texas’ modified comparative negligence law. If, in the rare instance where you are found partially at fault, you can recover compensation that has been reduced in proportion to your level of fault.
Mistakes You Should Avoid After an Accident to Protect Your Claim
To ensure you can recover as much as possible after an accident, it is important to know that there are certain actions you should avoid. Insurance companies will look for any reason to avoid paying you, and a misstep could cost you greatly. To protect your claim, avoid these mistakes after an accident:
- Do not refuse an examination or treatment by medical professionals.
- Do not stop following medical advice before you are directed to do so.
- Do not fail to take photos of your injuries and the scene of the accident.
- Do not fail to keep medical bills and other records of your losses.
- Do not forget to obtain a copy of the police report.
- Do not proceed with a claim without first hiring a Texas car accident lawyer.
- Do not discuss the details of your accident with family, friends, or post about it on social media.
When you speak with an automobile accident lawyer, they can advise you on additional ways to protect your claim and support your success. Above all, be patient because many personal injury cases take several months or even a few years to resolve. Working with an attorney allows you to focus on getting better during that time while they manage your claim.
Types of Compensation You Can Receive as a Passenger
Even though you were not driving the vehicle, you still sustained unexpected losses during the car accident. You likely experienced trauma and suffered injuries that required medical care. In more severe cases, you might face severe limitations that require long-term care, equipment, or home accommodations.
As these various costs add up, they can quickly become overwhelming. As a passenger, you are still entitled to recover compensation, so you do not have to deal with these expenses alone. To lighten the burden you are under, you may be able to recover two different types of damages.
Economic Damages
Economic damages are one of the most common forms of compensation you are likely to receive as a passenger in a car accident. This will cover your medical expenses and lost earnings if the accident keeps you from being able to work.
You may also be able to recover damage to any personal belongings you had and lost during the accident. This form of compensation is designed to alleviate the financial strain you are under. Non-economic losses are generally easier to recover during personal injury lawsuits compared to insurance claims.
Non-Economic Damages
Depending on the nature of your losses, you may also be able to recover non-economic damages. This can provide for the pain and suffering you have experienced, which may include a reduced quality of life, inability to enjoy life or companionship, and emotional and mental distress. This form of compensation is intended to provide for and improve your well-being.
How Much Compensation Can You Receive as a Passenger?
How much you can recover as a passenger depends on what losses you sustained in an accident. Because every situation is different, any settlement you receive will be based on your unique circumstances and the severity of your losses.
To gain clarity on what you might be able to recover, it is important to talk with a personal injury lawyer. They can help you identify your losses and calculate how much your case is worth. They will negotiate on your behalf so you can recover maximum compensation.
Statute of Limitations for Claims in Texas
If you were injured in a car accident, you have two years to file a claim and pursue compensation, according to Texas’ statute of limitations. To ensure you have enough time to process your claim, do not wait too long to talk to a car accident lawyer about your case.
There may also be some exceptions to the law that could provide more time, but others may shorten the statute of limitations, such as when filing against a government agency. Your car accident attorney can advise you of these factors when you speak with them.
Schedule a Free Consultation With Steve Lee Today
Steve Lee protects your rights as a passenger in a car accident claim. Our team is committed to helping you recover with minimal stress so you can begin to rebuild your life. We fight diligently for you and ensure that you receive the service and results that you need. Contact us today to schedule a free consultation.