Passenger Rights in a Burbank Auto Accident
Sustaining car accident injuries while you were a passenger is a challenging situation. You were not driving any of the cars involved in the accident, but you need to claim compensation for your injuries.
Thus, you want to know how to file a claim because you were not driving the vehicle.
Fortunately, California law provides enough protection for passenger rights in a car accident case. And you should know about these rights if you frequently travel as a passenger.
5 Steps to Take After an Auto Accident Where You Were a Passenger
The steps you take after a car crash where you were a passenger affects your case. Remember these points to protect your rights in that situation:
- First, secure your well-being. Get out of the car and go to a safe place if possible, or call 911 for rescue.
- Take photos of the accident scene, the car damages, and your injuries to use as evidence to support your injury claim.
- You must undergo a medical evaluation within 48 hours after the accident. You can go with the emergency medical team in their ambulance or choose to visit a physician alone.
- Get a copy of your medical report from your physician. You must also keep your medical prescription and bills to support your case.
- Consult an auto accident attorney in Burbank to file a case immediately. They will represent you in your injury case and get the compensation you deserve while you focus on recovering.
Who Is Liable in a Car Accident if You were the Passenger?
In general, the negligent party in an accident will be held accountable. However, there are a few parties that can become liable in a car crash:
Involved Vehicle Drivers
Depending on who is at fault, your car’s driver or the other vehicle’s driver can be liable. Both can also become accountable because California imposes the Comparative Fault principle.
The Comparative Fault law is about sharing the fault among multiple negligent parties. For example, the judge can award 60% fault to the other vehicle’s driver and 40% to your car’s driver.
The passenger can also become accountable in an accident if they had committed a negligent act that caused the car crash.
For instance, the passenger had distracted the driver, and the distraction caused the car crash.
Another example is when the passenger provokes the driver to commit a traffic violation, like an illegal U-turn.
In some cases, you can also claim compensation from third-party entities, like car part manufacturers or automotive mechanics. Especially in cases where a vehicular technical fault had caused the accident, like faulty brakes.
However, you and your car’s driver should prove the technical problem in court to claim benefits.
Claiming Compensation for Your Auto Accident Injuries
You will claim compensation from the liable party in a car crash. However, in most cases, their insurance provider will release the settlement. That means you need to deal with insurance adjusters through your case.
The thing is that you should never talk with an insurance adjuster if you are claiming compensation. They will try different tactics to prove that you don’t deserve the benefits to deny your claim.
That’s why it’s vital to hire a car accident attorney and let them talk with the insurance adjusters to protect your rights.
Your legal counsel will try to fight for the rightful compensation without reaching the court. However, they will bring your case in court if the insurance company won’t agree on the settlement you claim.
Call a Burbank Auto Accident Lawyer to Protect Your Passenger Rights
It’s likely for passengers to sustain injuries in a car crash. The good thing is that the law lets passengers claim compensation for accident-related injuries.
So, consult an auto accident attorney in Burbank if you find yourself in this situation to help your case get the best outcomes.