Passenger Accident Injury Lawyer

If you’ve been injured in a car accident while you were a passenger in someone else’s car, you may be entitled to compensation. However, who may be liable and to what extent depends on who you were riding with at the time of the accident–and sometimes other factors. 

The best way to find out whether you may be entitled to compensation and who may be liable for your damages is to talk to an experienced passenger injury lawyer right away. This page provides an overview of liability to injured passengers in several different circumstances, but every case is different and there is no substitute for personalized legal advice. 

Damages for Passengers in Common Scenarios

Compensation for Passengers When Another Driver Was Responsible

When a passenger is injured in a collision where another driver was at fault, the passenger has essentially the same right to compensation as the driver of the car they were riding in. The driver who caused the accident is liable to both, and the responsible driver’s insurance carrier will typically pay damages to the passenger. 

If the responsible driver was uninsured, you may still be entitled to compensation. For example, the driver of the car you were riding in may have uninsured motorist coverage that will extend to your damages.

Compensation for Rideshare Passengers

When a passenger in a rideshare vehicle is injured and the accident was the fault of another driver, the same rule as above generally applies–the responsible driver is liable for the passenger’s injuries. When the rideshare driver was responsible, the rideshare driver is typically liable. However, in both Massachusetts and New Hampshire, rideshare companies are required to provide primary liability insurance while there is a passenger in the vehicle. The liability converge provided by a rideshare company when there is a passenger in the vehicle far exceeds most personal auto insurance policies. 

Compensation When You Were Riding With the Responsible Driver

The passenger of a driver who causes an accident typically has a right to collect damages from that driver. Some injured passengers are reluctant to pursue this option because the responsible driver is a friend or family member. However, it will generally be the driver’s auto insurance carrier that compensates the injured passenger, not the driver.

There are some circumstances in which the injured driver may not have a right to pursue compensation from the driver, or when they may not be entitled to compensation. For example, in Massachusetts many auto insurance policies exclude passengers who are both relatives and members of the responsible driver’s household. Many people are not even aware of this provision in their insurance policies. 

An injured passenger may also lose the right to compensation or be entitled to only partial compensation if they themself were partially at fault. For example, a passenger who voluntarily gets in the car for a street race or who eggs the driver on to reach high rates of speed or otherwise drive recklessly may be found at least partly responsible for their own injuries.

Mixed Liability in Passenger Injury Cases

Some accident cases are more complicated. For example, imagine that you are riding in a vehicle with a friend when the friend is involved in a car accident, and you are injured. The other driver ran a stop sign, so they were partly responsible for the accident. But your friend was both distracted and speeding–if they’d been paying attention and obeying the speed limit, they could likely have avoided the accident. So, your friend will almost certainly also be found to be partly responsible. 

In that case, you may have a claim against both drivers. If you were part of the distraction that caused the accident, you may also be partly responsible yourself, and so see your compensation reduced in proportion to your fault. 

How this plays out is further complicated by the fact that you may or may not be able to make a claim against the driver of the vehicle you were in depending on your relationship.

The Bottom Line on Passenger Injuries

An injured passenger typically has a right to compensation for their injuries. But, identifying the responsible parties and available insurance coverage can be complicated. Your best first step after being injured as a passenger is to talk to an experienced local car accident lawyer right away. 

At the Broderick Law Firm, we’ve been fighting for injured people for decades. To learn more about how we can help, call us today at 978-459-3085 or fill out our contact form. The initial consultation is free, and there’s no obligation.