Key Points of the Article: 

• Determining fault in a car accident can be challenging, especially for a passenger. If a collision involves multiple vehicles, suing both drivers or other parties like the city or vehicle manufacturer may be necessary due to factors such as road flaws or vehicle malfunctions.
• Passengers injured in car accidents have legal rights to seek compensation for damages.
• There are various forms of compensation available to passengers, including third-party insurance claims, no-fault coverage, and the option to file a lawsuit against one or both drivers involved in the accident.

Car accidents are always scary. In addition to any physical damage to the vehicles involved, there is also the stress of the accident and the possibility of injuries for the drivers and passengers involved. If you were a passenger during a car accident and received injuries, you may wonder what your legal rights are and if you can gain compensation for the damages you have suffered. Below, we’ll walk you through what it means to be an injured passenger and what your legal rights are in Kentucky.

Who Was at Fault in the Accident?

Determining who was at fault may be tough in a car accident. This may lead to a case where, as a passenger, suing both drivers makes the most sense. 

Some instances also may not directly involve either driver, such as when:

• There is a flaw in a road or a faulty traffic light, the city may hold some responsibility
• A vehicle malfunction that caused the accident may mean that the vehicle manufacturer holds some responsibility

In some cases, if a driver was under the influence of drugs or alcohol, was speeding or otherwise ignoring traffic laws, or was distracted, they may also bear the full responsibility for the accident and only suing that driver will be the correct path of action.

What Are Your Legal Rights as a Passenger?

Every driver is bound by law to obey traffic laws and to operate their vehicle in a safe manner. This means that if a driver fails to do so and it results in an accident, other drivers, passengers, and anyone injured have a legal right to receive some form of compensation for damages done to property or for physical harm that has been caused. 

As a passenger, you have the right to seek recovery for your injuries or compensation in the following forms:

• Third-Party Insurance Claim: As a passenger, you have the right to file an insurance claim against either driver involved in the accident or both drivers, if both are potentially at fault. Insurance claims can sometimes lag due to them investigating which driver is at fault.
• No-Fault Coverage: As a passenger, you can file for no-fault coverage through the insurance of the driver whose car you were a passenger in. This can cover medical bills and lost wages, up to a specified applicable limit.
• Lawsuit: If you are unable to receive compensation through insurance or the sum received was insufficient to cover your bills, you can file a lawsuit to sue for car accident compensation. You may sue either or both of the drivers involved in the accident depending on the circumstances. 

What Should You Do If You Were Injured as a Passenger?

If you were injured as a passenger, your first steps should include seeing a medical professional for a thorough assessment of your injuries. You should also document your injuries via photographs, and document all medical appointments (including x-rays or ultrasounds, physical therapy, mental health sessions to deal with the stress, and any others that are related to the accident). If you have lost wages due to your injury, then you should also have clear documentation of how much was lost through your workplace.

Contact Rhoads & Rhoads Law Firm

The next thing you should do is discuss your injuries with a personal injury or car accident lawyer. A lawyer will be able to discuss your options with you, help you file insurance claims, and represent you in court if your case involves a lawsuit. 

At Rhoads & Rhoads, our lawyers have years of experience fighting for the rights of car accident victims. We bring our expertise and care to every case, to ensure that your legal rights to fair compensation are upheld.

If you’ve been the victim of injuries as a passenger in a car accident in Kentucky, turn to us for help. Schedule a free case evaluation with one of our lawyers today by calling us at 888-709-9329.