Passengers have all the rights of any accident victim after a car crash. Even if they were in a car with the at-fault driver, passengers usually have strong injury claims because they had no control of the vehicle and often demonstrated no negligence.
What Injuries Do Passengers Commonly Suffer in Accidents?
Passengers sometimes face greater risk depending on where the vehicle is struck. A side-impact crash can be especially dangerous for a passenger seated on the side that takes the hit.
Passengers in Colorado car accidents frequently suffer injuries such as:
- Traumatic brain injuries (TBIs) and concussions
- Whiplash and other neck injuries
- Back and spinal cord injuries
- Broken bones and fractures
- Facial injuries from airbags, glass, or the dashboard
- Internal injuries and organ damage
- Lacerations and bruising
- Emotional trauma and post-traumatic stress disorder (PTSD)
In many cases, these injuries result in long-term pain and financial expenses. A personal injury claim can provide compensation for these losses.
Who May Be Responsible for My Passenger Injury Claim?
As an injured passenger, you may have a claim against one or more parties, including:
- The driver of the other vehicle. If another driver caused the collision, you can file a claim against their liability insurance, just as your driver can.
- The driver of the car you were riding in. If your own driver caused the crash, you can file a claim against their liability coverage. This is true even if the driver is a friend or family member.
- Both drivers. Colorado law allows you to pursue claims against each driver in proportion to their responsibility.
- Your own coverage. If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage may apply, even though you were not in your own car. MedPay coverage can also help with initial medical bills.
An investigation may be needed to determine who’s at fault for the accident and whether multiple parties share liability for your damages.
What If the Driver Was a Friend or Family Member?
You will usually not sue your friend or family member directly. A claim against your driver is, in practice, a claim against their insurance policy.
The insurer pays the settlement, handles the process, and absorbs the cost. A friend or family member will not typically be responsible for your damages, although they may experience higher insurance premiums after the accident.
What Compensation Can an Injured Passenger Recover?
Colorado law allows injured passengers to recover the full range of accident damages they incur, including financial and personal losses.
Examples of money that may be available include:
- Medical bills
- Future treatment costs
- Lost wages and reduced earning capacity
- Physical therapy
- Rehabilitation
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of consortium
- Wrongful death damages if the accident resulted in a passenger fatality
An experienced attorney can help you understand the value of your claim and pursue the full compensation you deserve. Contact Purvis Thomson, LLC to speak with our Colorado car accident lawyers today during a free consultation.