Filing a Personal Injury Claim as a Passenger Injured in an Auto Accident
Posted on behalf of D'Amico & Pettinicchi, LLC on Jul 12, 2018 in Car Accidents
Although car accident claims are often filed by the vehicles’ drivers, passengers may also file a personal injury claim if they are injured in the collision.
However, many people might be unaware of their rights as a passenger after being injured in a car accident. This includes your right to pursue compensation from the at-fault party liable for causing the car accident that caused your injuries.
To find out more about your rights after being injured in an accident caused by another’s negligence, contact D’Amico & Pettinicchi’s New Haven car accident attorneys as soon as possible. We will provide you with a free, no obligation consultation where we review your claim and help you determine if you are entitled to compensation from the at-fault party.
Who Can Be Held Liable for a Third-Party Passenger Claim?
Connecticut is an at-fault state, which means the party at fault for a car accident is responsible for paying compensation to anyone who may have been injured, including passengers.
Depending on the circumstances behind the auto accident, a passenger may be able to hold several parties liable for his or her injuries:
Single-vehicle accidents happen when a vehicle crashes into a stationary object, such as a guardrail, tree or another parked car.
Often, single-vehicle accidents result from driver negligence and may occur when the driver is distracted or recklessly operating the vehicle.
If you were a passenger injured in a single-vehicle accident, you may be able to file a personal injury claim with the driver’s insurance company. However, you may be required to prove your injuries were caused by the accident and link the accident to the driver's negligence.
If you are injured in an auto accident involving multiple vehicles, there may be several parties at fault for causing your injuries.
If your lawyer is able to prove multiple drivers were negligent, each driver may be considered partially liable for any resulting injuries or damages.
When this occurs, you may have the option of filing a personal injury claim against each party that contributed to causing the accident. Connecticut's apportioned negligence laws will be used to determine each party's percentage of fault.
Apportionment of Negligence
When more than one party may be at fault for causing an accident, Connecticut uses apportionment of negligence to determine each party’s degree of liability. This rule is used generally to decide how much compensation each party must pay the victim.
Under apportionment, each party will be assigned a percentage based on the amount of fault for the accident.
For example, you may be awarded $100,000 in compensation after being injured in an accident caused by two different drivers. If one driver is found to be 20 percent at fault, he or she will be liable for paying $20,000 of your claim. The other driver who was found to be 80 percent at fault would be responsible for paying the remaining $80,000.
Contact an Attorney for Help
If you are a passenger who is injured in an auto accident, it is important to understand which legal options may be available to recover compensation.
D’Amico & Pettinicchi’s New Haven personal injury attorneys have represented numerous car accident victims and will help you understand how to proceed with your claim. We provide all of our services on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.
There is no risk in contacting us to schedule a free, no obligation consultation to find out if you have a case against the party or parties that are at fault for your injury.