Car crashes can occur with little advance warning. Drivers are at least in a position to control their own actions and take aggressive steps to limit collision risk. Passengers in vehicles do not have the same opportunities.
Their safety largely depends on the choices made by the person operating the motor vehicle. They may sustain significant injuries and possibly also property damage losses if a crash occurs. Drivers generally understand their rights after a collision caused by another party. They contact local authorities, pursue an insurance claim and may even consider taking legal action.
Passengers are not always as certain about their rights and legal protections. What options do passengers have after a serious car crash leads to injury?
A passenger’s rights depend on the circumstances
Sometimes, the law very clearly extends financial and legal protections to vehicle passengers. For example, a rideshare passenger who paid to travel in another person’s motor vehicle can file an insurance claim against the policy of the rideshare driver or even the rideshare company if their driver caused a crash.
If the crash was clearly the fault of the other motorist, then the passenger affected by the collision may have the option of filing an insurance claim or a lawsuit against the motorist who caused the collision. If the driver of the vehicle transporting the passenger is at fault and it wasn’t a rideshare trip, then the situation is a bit different.
Generally speaking, family members traveling in someone else’s vehicle without paying cannot sue the driver who caused the crash. Similarly, the law prevents hitchhikers from filing lawsuits against the people who agree to transport them someplace without charge.
However, there is an exception to the rule preventing certain passengers from suing drivers. If the driver displayed willful and wanton disregard for the safety of others, possibly by violating traffic laws or driving in an egregiously dangerous manner, then the injured passenger may have the option of suing, regardless of their relationship with the motorist.
Learning more about how the law protects passengers can help people take appropriate steps after motor vehicle collisions. Passengers may be able to file lawsuits or insurance claims to cover their medical expenses and recover any lost wages after a crash when they weren’t the driver.