When Motor Vehicle Accidents Injure Passengers: How These Cases WorkMarch 27, 2019
Passengers hurt in traffic crashes will have claims against the at-fault parties. While passenger car accident cases are very similar to claims drivers may have after a wreck, there are some key differences. Shedding more light on these claims, the following shares essential answers about passenger car accident cases.
As an Injured Passenger, How Do I Determine Who’s At-Fault for the Crash?
This is one of the most important questions to answer in the immediate aftermath of a crash. That’s because the answer to this question will determine:
- How many claims are associated with the crash – If there’s more than one liable party, there will typically be more than one claim.
- How to move forward – Depending on who the liable party or parties are, there may be different steps that need to be taken as your claim or claims are initiated.
Please be aware that:
- In single-vehicle accidents, the driver is commonly the at-fault party. However, this isn’t always the case. For instance, if malfunctioning vehicle equipment caused the driver to lose control of the car, the equipment maker would likely be the liable party, not the motorist.
- In multiple-vehicle accidents, one or more drivers can be at-fault. In addition to the motorists, there may be other at-fault parties, like motor carriers, roadway construction crews, and others (depending on the circumstances of the wreck).
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What If I Was a Passenger Involved in an Uber Car Accident?
In these cases, how to proceed with your claim will depend on:
- Whether the Uber driver and/or another motorist was at fault for the crash – If the Uber driver is at least one of the liable parties, you’ll have a claim against that motorist. If there were other negligent drivers, you’ll have a claim against them as well. This can include the driver with whom you were riding at the time of the wreck.
- Whether you were riding with the Uber (or rideshare) driver when the accident occurred – Assuming the Uber driver was at least one of the liable parties, you would likely have a claim with the James River Insurance Company (Uber’s insurance provider).
- The Uber driver’s status when the accident happened, if you were a passenger in another vehicle – These cases can be more complicated. If the Uber driver was transporting a rider when the accident happen, (s)he should be covered by Uber’s commercial policy. If there was no passenger in the Uber driver’s car when the accident happened, the motorist’s individual coverage should come into play (though insurers may put up a fight in these cases).
How Much Are Passenger Crash Claims Worth?
The value of these claims depends on various factors, like (but not limited to):
- The extent of the injuries, suffering, and damage caused by the crash
- Who the liable parties are
- The nature of the negligence that caused the wreck.
To get a more precise answer to this question, contact the Amaro Law Firm for a free, confidential, no obligation case evaluation.
How Soon Do Passenger Car Accident Cases Need to Be Filed?
Texas law provides two years to file these cases, with the two-year period starting as of the date of the crash or the date on which the crash-related injuries are discovered. Generally, it’s in victims’ best interests to file these claims as soon as possible, instead of waiting. That’s because claims filed soon after the crash tend to be stronger, as there’s usually more available evidence to support them.
Set Your Passenger Car Accident Claim Up for Success: Contact the Amaro Law Firm
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