When you ride as a passenger in a vehicle, you are putting your life and safety in the hands of the driver. You cannot control their actions or the actions of the drivers surrounding you, so what happens if an accident occurs? If you are injured in a car accident as a passenger it is important to understand your rights including whether or not you can sue the responsible party. To learn more about your legal options and begin discussing your case, contact an experienced Middlesex County auto accident attorney today.
How is Negligence Determined in a Car Accident Case?
Negligence is the legal standard required to determine who is liable in an accident or injury case. In order to take legal action against a driver after a car accident case it must first be determined who was negligent and therefore responsible for the crash.
Negligence can be determined by providing evidence of the following factors.
- The driver had a duty of care to the passenger
- The driver breached the duty of care in some way
- The breach caused the accident to occur
- The accident resulted in injuries and quantifiable losses
If negligence can be established then an injured party can begin to take legal action.
Are Passengers Covered Under PIP in New Jersey?
New Jersey drivers are required to carry Personal Injury Protection (PIP) as part of their auto insurance coverage. New Jersey is a no-fault accident state, meaning that when a car crash takes place, drivers must first turn to their own insurance provider to file a claim.
In New Jersey, a passenger is generally entitled to compensation for injuries through the individual who was driving the vehicle. By driving you in their vehicle the driver assumes responsibility for injuries or losses in an accident that may occur. You can pursue compensation through your driver’s personal injury protection.
Can a Passenger Sue After Being Involved in a Car Accident?
Under certain circumstances, a passenger can sue after being involved in a car accident. If the driver’s PIP does not cover the full amount of the individual’s expenses the passenger may wish to file a lawsuit against the negligent driver, whether that is the driver of the vehicle they were in or another driver.
In New Jersey, if you have sustained a “serious injury” as a result of a car accident, you may have grounds to file a lawsuit against the negligent driver. Serious injuries can include the following.
- Broken bones
- Permanent injuries
- Loss of limbs
- Scarring or disfigurement
- Loss of a fetus
If any of the above apply, you can sue for compensation for medical expenses, loss of income, pain and suffering, etc. Set up a consultation with an experienced NJ lawyer to learn more about your legal rights and options after being involved in a car crash.
