In automobile accident cases, passengers have rights as well as the driver. In fact, the injured passenger may have rights where the driver has none. For instance, suppose the car is driving down the street when it collides with another vehicle. Let’s say that both drivers were at fault. The driver of the car you were riding in may be limited as to how much money he or she can recover based upon the amount of his or her own carelessness. For example, if the driver of your car was 50 percent responsible for the accident, then his or her recovery is cut in half.

However, as the passenger you were not at fault and are therefore entitled to recover the full amount of your damages. You may sue the other driver, the driver of the car you were riding in, or both. The right to sue both drivers is especially important when you have suffered severe injuries that result in damages (such as medical expenses, lost wages, and pain and suffering) that are higher than the insurance policy limits of each driver. In such a situation, you could sue both drivers and get full compensation for your damages, or at least the maximum allowed under both insurance policies.

If the accident was a single-vehicle crash that resulted from the driver’s negligence, such as speeding and losing control of the car, resulting in its crashing into another vehicle or running off the road and into a tree, you the passenger may have the right to sue the driver of the car. The driver of a motor vehicle owes his or her passengers the obligation (“duty”) to use reasonable care in the operation of the vehicle, and is legally responsible (“liable”) for the injured passenger’s damages. You may be hesitant to sue the driver of the car because he or she is a friend. However, you are really going after the insurance company.

If you were a passenger in a vehicle involved in a collision—especially if the injuries are serious or a death is involved—it is imperative that you contact an experienced personal injury lawyer immediately. Do not talk with an insurance company investigator or adjuster before you have had the chance to retain a lawyer. The lawyer will often advise you against giving a statement to the insurance company’s adjuster, as they are trained to trick you into saying things that will come back to haunt you at a later stage of the case.

If you or a loved one has been seriously injured or killed in a car crash while you were riding as a passenger, contact an experienced personal injury lawyer immediately so he or she can start working right away to obtain all the monetary compensation you are entitled to.