Did you suffer injuries as a passenger in a motor vehicle accident in Huntsville? If so, the car accident attorneys at Morris, King & Hodge, P.C., want to help you seek the compensation you deserve.
Whether as personal guests or paying customers, passengers in auto accidents have the right to pursue financial compensation for their injuries from the parties at fault for the crash. Our law firm has extensive experience managing car accident cases and can help you pursue a claim against the parties responsible for your losses.
What Are Injured Passengers’ Rights in a Huntsville Car Accident?
Passengers have the same rights as drivers while on the road. That includes the right to safety while in another person’s vehicle. All drivers must operate their vehicles to maintain the safety of others on the road, including passengers in other vehicles and their own vehicle.
After a car accident, passengers have the right to:
- Ask for the at-fault driver’s contact, vehicle, and insurance information
- Receive medical attention for their accident-related injuries
- Obtain police accident reports regarding the crash
- Pursue a claim against the at-fault driver’s insurance company for their losses
Can a Passenger Claim Compensation?
Yes, passengers who sustain injuries in accidents can file an insurance claim to recover compensation. Alabama uses an at-fault system for car accidents, meaning injury victims file a claim against the driver who caused the accident. Most standard auto liability policies cover injuries to all occupants of the other vehicle, including drivers and passengers.
In order to claim compensation, you must demonstrate that the driver was negligent when they caused your injuries. Some common examples of negligent driving behaviors include speeding, texting, ignoring road signs, tailgating, and drunk driving.
Can a Passenger Sue Both Drivers?
Accident injury victims can file a claim against any party whose negligence caused their injuries. That includes the other driver and the driver of the vehicle they were in. If the driver of the vehicle you were in shared responsibility for your injuries, you could potentially file two lawsuits, one against each driver.
Alabama uses a doctrine of joint and several liability, meaning that defendants in lawsuits can sue all liable parties for the full amount of their losses, regardless of the parties’ percentage of fault (Alabama Code Section 7-3-116).
How Does the Guest Passenger Law Affect Passenger Rights?
Alabama’s guest passenger law limits a passenger’s ability to sue the driver of the car they were riding in. According to Alabama Code Section 32-1-2, drivers are not liable for injuries to guests in their cars unless they caused the accident through willful or wanton misconduct. In other words, if you are a guest passenger in a motor vehicle and sustain injuries in an accident, you cannot sue the driver for ordinary negligence. You can sue the driver only if they intentionally broke the law or were grossly negligent.
Under this law, a “guest” is anyone riding in the car without offering compensation. The definition includes personal friends and family members in private vehicles, but excludes riders using taxi, rideshare, or public transportation services.
Our Huntsville car accident attorneys can assess your case to determine whether a guest passenger exclusion applies and whether the driver engaged in willful or wanton misconduct.
What Damages Can a Passenger in a Motor Vehicle Accident Receive in Huntsville?
Depending on the circumstances, a passenger could recover compensation for the following types of losses after a car accident:
- Emergency medical bills and continuing medical expenses, including prescriptions, rehabilitation, and medical equipment
- Lost income, including hourly wages or salary pay, bonuses, commissions, tips, and other forms of employment compensation
- Reduced lifetime earning capacity
- Physical pain and conscious suffering related to your injuries
- Discomfort and inconvenience from scarring and disfigurement
- Diminished capacity to enjoy life and hobbies
The team at Morris, King & Hodge, P.C., has recovered over $168 million for clients, including several multi-million-dollar automobile injury settlements and verdicts. We aim to be as comprehensive as possible with compensation and look beyond typical injury expenses to cover the full range of your losses. Our goal is to secure a stable financial foundation to ease your convalescence.
What Insurance Coverage Could Pay for the Injuries to a Passenger?
Since Alabama is a fault-based state for car accidents, the at-fault driver’s auto liability coverage is the primary source of compensation for passengers hurt in a car accident. Alabama requires all drivers to carry a minimum amount of bodily injury liability coverage to pay for injuries and death after an accident. If another driver causes an accident and injures you as a passenger, you would file a claim against their bodily injury coverage.
If the at-fault driver lacks insurance coverage, then another option is to file an uninsured motorist claim with the auto policy covering the car you were in or, in some cases, your own car insurance policy. Uninsured motorist coverage can pay for injuries to drivers and passengers up to the policy limits when the at-fault driver lacks coverage.
You may also be able to use your health insurance to pay for your injuries in some situations. If you use your health insurance to pay for your medical bills, your health insurance company may be entitled to a portion of any insurance settlement to reimburse the company for expenses incurred while treating your injuries.
How Our Huntsville Car Accident Lawyers Can Help Injured Passengers
Dealing with the aftermath of a car accident as an injured passenger can be intimidating, but help is available.
The experienced car accident attorneys at Morris, King & Hodge, P.C., are ready to stand in your corner to fight for your rights and protect your interests. Let us manage your entire passenger personal injury claim in Huntsville from initial investigations to final settlement negotiations.
If necessary, we will be fully prepared to take insurers to court in a formal lawsuit to hold them to their payment obligations. When recovering from a car accident injury, the last thing on your mind should be insurance claims and lawsuits. Leave it to us to focus on pursuing the money you need while you focus on healing and rebuilding your life.
Contact our attorneys online or call today for a free consultation with a Huntsville car wreck lawyer.
