Passenger Injuries

You may have been in a vehicle with someone and they were in a wreck. While they might have come out of the wreck without a scratch to their person, you may have not been so lucky. Regardless of what exactly the situation is, you may be able to go about recovering damages from the driver. While this varies from state to state, in many it is likely you are entitled to recover damages from the insurance policy of the driver of the vehicle. This can help in paying for you medical expenses from your injuries, which can sometimes be quite severe.

What You Need Before You Can Recover Damages?

Before you can be entitled to recover damages from the insurance company of the driver of the vehicle, the driver of the vehicle must ordinarily be found guilty of ordinary negligence. Ordinary negligence consists of things which the passengers have no control over, while the driver does. This can include not braking soon enough, making unsafe lane changes, and a variety of other situations. If, however, the driver has been consuming alcohol, then the passenger may not be entitled to recover the damages. This is known as comparative negligence, where the passenger his or her self is equally negligent and is equally to blame for his or her injuries. In addition to this, a passenger may be liable to other victims of the wreck if the passengers allowed the driver or encouraged the driver to drive in this impaired state. If you know that someone is drunk or under the influence of a drug, you should not get into a vehicle with them, nor should you allow them to drive. Remember, you could also be held responsible for their actions by allowing them to do it.

What to Do?

As with everything that deals with insurance claims, having a lawyer helps to ensure that you are able to make your claims quickly and effectively, ensuring that you receive all of the money that you are entitled to. It is necessary to inform your lawyer of all of the facts of the case when recovering damages from a driver, since the more facts the lawyer knows, the better he or she can make the case before the insurance company or the court. It is always the best idea to be completely honest with your lawyer, since your lawyer is well versed in the intricacies of the law.

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