Being a passenger in a car or truck accident can be just as traumatic and life-altering as being a driver. There’s a loss of agency. Not only were you not in control when the accident occurred, but you may feel helpless and overwhelmed afterwards as well.
What do you do after a car accident when you’re a passenger?
Do you have to wait for the driver to get their matters sorted first? Are they liable for any injuries, expenses, or trauma you endure? Should you look into getting your own attorney?
If this is where you find yourself, you are not alone. Many passengers aren’t sure about their legal rights or how to seek compensation for their injuries. As a vehicle accident attorney in Hamilton, Ohio, we’ve helped many people who are in the exact same situation you now find yourself.
Today, we’ll be taking a deeper look at what passengers should do if they’ve been injured in a car accident.
Do Passengers Have the Right to File an Injury Claim in Ohio?
Of course! Under Ohio law, passengers absolutely have the right to file a personal injury claim if they are hurt in a motor vehicle accident caused by someone else’s negligence. This includes accidents involving the following:
- Cars
- Pickup trucks
- Commercial trucks and semi tractors and/or trailers
- SUVs
- Rideshares (e.g., Uber or Lyft)
- Public transportation
- And more
This means that if you were riding in a vehicle and suffered injuries because of another driver’s careless or reckless actions, you are not left without options. Passengers are rarely the ones responsible for causing a crash. This means they are often in a strong legal position from a liability standpoint to pursue compensation. Regardless of which vehicle you were in at the time of the collision, you can typically file a claim against the party (or parties) who caused the accident.
Determining Fault and Filing a Claim
Determining fault is one of the most important parts of any injury claim, but it can also be one of the most difficult. Even in situations where fault seems obvious, there may be circumstances you are initially unaware of. This is one of the many reasons why you should always speak to an accident lawyer, but we’re getting ahead of ourselves.
First, let’s look at who may be at fault in a particular accident and what that means.
The Driver of the Other Vehicle
If another driver caused the accident by speeding, distracted driving, failure to yield, running a red light, or any other negligent behavior, you can file a claim against that driver’s automobile insurance policy. In many cases, this is the most straightforward path to recovery. Your claim would seek compensation for medical expenses, lost income, and other damages resulting from the crash.
The Driver of the Vehicle You Were In
This situation can feel uncomfortable, especially if you were riding with a friend or family member. However, if the driver of the vehicle you were in caused the crash, even partially, you have the right to pursue a claim through his or her liability insurance coverage.
It is important to understand that while a legal claim may technically name that individual, their insurance company is generally responsible for providing a defense and paying any covered damages. In most cases, the matter becomes about accessing available insurance coverage rather than pursuing personal assets. Many injured passengers hesitate to act out of concern for their relationship with the driver, but these claims are typically handled by insurers, not out of pocket by the individual.
Multiple Drivers
In multi-vehicle collisions, truck accidents, or pileups on highways, more than one driver may share fault. Ohio follows a modified comparative fault system, which means liability can be divided among multiple parties. If several drivers contributed to the crash, you may be able to file claims against each of them.
Can Passengers Be at Fault in a Car Accident?
It’s very rare for a passenger to be at fault in an accident. However, even if you’re not the cause of the actual accident, insurance companies sometimes attempt to argue reductions on the value of claims based on the passenger’s actions contributing to collision or their injuries.
Examples may include failing to wear a seatbelt, distracting the driver, or knowingly riding with an impaired driver. While these arguments do not automatically bar recovery, they may affect the amount of compensation awarded under Ohio’s modified comparative fault rules and our rules regarding damages.
What Can You Recover in a Passenger Injury Claim?
If you are an injured passenger, your claim may include both economic and non-economic damages.
Economic damages are the measurable financial losses you have suffered. These often include:
- hospital bills
- emergency room visits
- surgeries
- follow-up appointments
- physical therapy
- prescription medications
- any future medical care related to the accident.
If your injuries forced you to miss work, you may also recover lost wages and, in more serious cases, loss of future earning capacity.
Non-economic damages are just as important. Injuries from car and truck accidents often affect your physical health and more. They can disrupt your relationships, your hobbies, and your ability to live independently. These can include:
- pain and suffering
- emotional distress
- long-term rehabilitation needs
- disability
- loss of enjoyment of life
In tragic situations where a passenger loses their life due to injuries sustained in a crash, surviving family members may have grounds to file a wrongful death claim.
What If the At Fault Driver Is a Truck Driver (or Other Commercial Driver)?
Accidents involving a truck driver are worth a separate mention, as there are often additional layers of complexity. When a semi-truck or other commercial vehicle causes a crash, liability may extend beyond the driver. Depending on the circumstances, responsible parties may include the trucking company, the shipping company, the company responsible for loading the cargo, vehicle or parts manufacturers, or maintenance providers.
Commercial trucking companies are often backed by significant insurance policies and experienced legal teams. If you were a passenger in a vehicle struck by a truck, or even riding inside the commercial vehicle itself, you may have a valid claim against one or more corporate entities. These cases require a thorough investigation into driver logs, maintenance records, company safety policies, and federal transportation regulations.
Because these companies have experienced attorneys on their side, it’s all the more important that you have a trustworthy attorney representing your needs.
What If Multiple Passengers Are Injured?
When crashes involving several injured passengers, insurance coverage can become a concern. Every auto insurance policy has coverage limits. If multiple people are making claims against the same policy, there may not be enough coverage available coverage to fully compensate everyone.
In these situations, an experienced attorney can help identify additional liable parties and explore other sources of compensation. This may include underinsured motorist coverage under your own policy or policies held by other involved drivers. Careful negotiation becomes especially important to ensure you receive a fair share of available funds.
How Long Do You Have to File a Passenger Injury Claim in Ohio?
In Ohio, the statute of limitations for most personal injury claims is two years from the date of the accident. This means you generally have two years to settle your claim or file a lawsuit. If you fail to act within that timeframe, you may lose your right to seek compensation entirely.
That may seem like plenty of time, but building a strong case takes effort. The longer you wait to act, the more difficult it can become. Evidence can disappear. Witness memories fade. Insurance companies begin evaluating claims almost immediately, often looking for ways to minimize payouts.
You need to take action, and that should start with speaking to an attorney.
The Richards Firm Is Here to Help Injured Passengers
Sustaining injuries as a passenger can get complicated fast. Even if you were in the car with a friend or family member, it’s important that you take direct action and look after your own needs. One of the best ways you can do this is by speaking to an accident and injury attorney.
At The Richards Firm, we understand how overwhelming the aftermath of a crash can feel. You may be dealing with physical pain, financial stress, and uncertainty about what comes next. On top of that, there may be sudden tension between you and loved one who caused the accident. We’re here to listen to your needs and help guide you forward.
Working with an attorney after an accident isn’t about being selfish or trying to get back at the person who caused the injury; it’s about finding justice and receiving what you are legally owed so that you can move forward with your life. We can help with that.
With The Richards Firm, your initial consultation is free, and should you move forward with our legal services, you won’t owe anything unless we win your case. If you were a passenger injured in an auto or truck accident in Hamilton, Greater Cincinnati, or Northern Kentucky, do not wait for the driver to act. Contact The Richards Firm today at 513-461-0084 or schedule a free consultation online by clicking here.
