When an accident happens all of the injured persons, regardless of whether they were driving or were in the backseat, have rights. Specifically, an injured person has the right to receive medical care for their injuries and to be made whole again. What this means is that a victim of an accident is entitled to be put back in the position they were in prior to the accident taking place. Sometimes this requires surgery, or extensive physical therapy, and sometimes the injury can be healed with a few visits to the doctor. Whatever your injury, if you were riding in a car that was in an accident, you can and should take steps to hold the responsible party accountable.
A personal injury case that seeks recovery for an injured passenger is sometimes referred to as making a case for the “no fault passenger”. There are very few circumstances where a passenger can be considered the cause of an accident, even if they were riding with the negligent party. The procedure for making a claim on behalf of a passenger is the same as that for seeking compensation for an injured driver. The statute of limitations is the same, and a lot of the same evidence is needed. For instance:
- Proof that one of the driver’s was at fault is needed in order to make a claim on behalf of an injured passenger.
- Proof of damages, such as medical bills and records, are required in order to show the extent of the injuries suffered.
- Proof that the injuries suffered, as evidenced by the medical records, were a direct cause of the negligent of the at fault driver.
The decision to sue a driver for your injuries as a passenger can be quite easy if you were in the car that did not cause the accident. But, if you were riding along with a friend or spouse when they caused an accident, the choice to make a claim against a loved one is difficult. However, as a passenger you are entitled to recover for your injuries, and should make every effort to do so. Contact us for help.
If you have been in an accident, call our office to learn your options. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.