Injuries to passengers in car accidents can be severe. A passenger may be thrown through a window, crushed against the dashboard, hit their head on the ceiling or worse. Likewise, injuries to passengers can range from whiplash and broken bones to brain injuries and death. This brings us to the question, who can you file a claim against if you were a passenger in car accident? It’s a question automobile accident attorneys in Tulsa are often asked.
Filing a claim against whom?
Passengers involved in car accidents are entitled to full compensation for their injuries from whoever is determined to be at fault for the accident. If the driver of the other car is found to be at fault then a claim is file against that person and his or her insurance company is responsible for the damages. Likewise, if the of the car in which you where a passenger is responsible, then a claim is filed against that person and his or her insurance company is responsible for the damages. Sometimes both drivers are found to be at fault, and in this case claims can be filed against both drivers proportionately and their respective insurance companies will be responsible for the damages.
Typically, you as a passenger will not be found to share in any of the fault for the accident, unless it can be proven that you somehow contributed. For example, if you distracted the driver such that it resulted in an accident, you maybe found to be at fault. Similarly, a passenger on a motorbike might be found to be at fault if they did something to physically impede the driver’s ability to operate the bike safely.
What to do after the accident
Whether you are passenger or driver in an accident, you should know what to do after an accident happens. Never assume that whomever was issued a ticket will ultimately be found to be at fault. An experienced Oklahoma motor vehicle accident attorney might have more insight. The accused ‘s party’s insurance company will always launch their own investigation of the incident. So for your own benefit, it will be advantageous for you to 1) preserve as much evidence as possible, 2) note the circumstances leading to the accident, 3) take photos if you can, 4) locate witnesses and 5) be thoroughly checked out by a doctor.
Consult for Free with a Tulsa Car Accident Attorney
Again, if you are a passenger in a car accident, you have the right to be compensated for your injuries and you can file a claim against whoever is at fault for the accident, be it the driver of the car in which you were traveling, the other driver, or both. Whenever you sustain injuries in car accident, it is a good idea to contact a personal injury attorney to assist you in filling a claim against the insurance company of the party at fault. If your accident happened to take place in Oklahoma, contact a Tulsa car accident attorney who will be committed to getting you the full amount compensation you are entitled to.