Many car accidents in Houston involve a passenger who suffers injuries, and many passengers have questions about how they can obtain recovery for their injuries. Passengers can recover for their injuries in the same ways that a driver involved in a car accident can recover.
Filing A Claim With Your Own Auto Insurance
If you have auto insurance of your own, then you can file a claim with your insurance provider to recover for injuries you suffered while riding as a passenger in a vehicle involved in an accident.
Suing An Intoxicated Driver
If you are a passenger in a vehicle driven by an intoxicated driver, who causes an accident, you can sue the driver to recover for your injuries. The negligent driver had a duty to operate the vehicle safely, and failed to do so by driving under the influence. When the driver’s breach of duty to the passenger causes an accident that results in injuries to the passenger, the passenger has a negligence claim against the intoxicated driver.
You might also have a cause of action against the bar, liquor store, restaurant or establishment that provided too much alcohol to the driver under Texas dram shop laws.
Seeking Recovery from The Insurance Policy Held On The Vehicle
If you lack insurance, it may be possible to seek recovery for your injuries from the insurance coverage on the vehicle involved in the accident. This might not be the driver’s insurance, but rather the insurance of a third party (imagine a scenario where your friend is driving you in his parent’s vehicle, which is covered by his parent’s auto insurance).
I Was A Passenger on Public Transportation
Passengers involved in accidents while riding on public transportation are complicated because they usually involve filing a claim with the local government authority that owns and operates the public transit. Filing a claim against the government is a different recovery process than filing a claim with an private party’s auto insurance provider or filing a personal injury or property damage lawsuit. A car accident attorney could assist you with filing a claim based on an accident while you were a passenger on public transportation.
Your Options As A Passenger in An Automobile Accident
When you are the passenger in an automobile accident, how you are able to recover for any injuries you might have suffered depends on the specific facts of the accident and the details of your auto insurance policy or the insurance policy of whoever is liable for the accident. Consulting with a car accident lawyer may help sort out what options are available to you.