As a Passenger, Can I Sue after a Car Accident?
Yes, if you are injured as a passenger in a car accident, you can sue the at-fault driver for the legal damages you suffer. This is true regardless of who the negligent party is, including if the negligent driver is the driver of the car you were riding in. Car accident claims are legally challenging, but working closely with an experienced Reading car accident lawyer from the start can make a big difference in how your case is resolved, which can make a great difference in your recovery.
As a Passenger, You Are Not Responsible for the Accident
While you are just as vulnerable to serious injuries when you are a passenger in a car, there is very little chance that you had anything to do with the accident itself, which can help streamline your claim. To bring a successful car accident claim, you’ll need to show where fault lies, which could be with one or more drivers.
Most car accident claims are settled out of court, which means you probably won’t have to file a lawsuit. If, however, the involved insurance company refuses to engage in fair negotiations, you’ll need to file a lawsuit against the at-fault driver and take the matter up in court.
The Time Limit for Filing a Lawsuit
It is important to keep in mind that there is a two-year statute of limitations for car accident cases in Pennsylvania. This means that you have only two years from the date of the car accident to file a lawsuit against the negligent driver who caused you to be injured. Another consideration is that the insurance provider handling your claim may become far more motivated to settle if you do move forward with a lawsuit.
The Elements of Your Case
To bring a successful lawsuit against a driver who caused you to be injured as a passenger, you’ll need to prove each of the following elements:
- You were owed a duty of care. The fact is that every motorist takes on an immense responsibility to the safety of everyone on the road, including passengers like you.
- The at-fault driver breached this duty of care, which means that they engaged in some form of negligence, such as excess speed, distraction, or impairment.
- That at-fault driver’s negligence was the direct cause of your injuries.
- You suffered legal damages as a result.
Your Legal Damages
Legal damages refer to losses that are covered by the law, and they each include the following:
- Medical costs
- Lost wages
- Physical and psychological pain and suffering
A key aspect of your claim is carefully outlining the losses you experienced because of the at-fault party’s negligence, and a dedicated car accident attorney can help you with that.
An Experienced Reading PA Car Accident Attorney Can Help
The formidable car accident lawyers at Fanelli, Evans & Patel, P.C. – proudly serving Reading, Pennsylvania – take great pride in our reputation for fierce advocacy on behalf of all our clients, and we’re here for you too. To learn more about what we can do to help, please don’t delay reaching out and contacting us online or calling 484-869-2113.