As car accident lawyers, we frequently speak to passengers that were injured in a car accident. Naturally, injured passengers often wonder who will pay their medical bills associated with the car accident. Can you sue a driver if you are a passenger in an accident? When it comes to car accidents, Ohio is one of many states that follows a “tort” based or “at fault” system of liability.
In simple terms, this means that the law holds the individual that caused the car accident responsible for the consequences of it – including the medical bills related to the injuries. This also applies to passengers. If the driver of the vehicle is at-fault, the passenger can make a claim against them. When considering how best to handle passenger injury claims, there are some unique considerations that must be taken into account to determine who is responsible for medical bills, lost wages, and other consequences of a car accident.
A Driver Owes a Duty of Care to Passengers
On Ohio roads, a driver owes a duty of “reasonable care” to other drivers and passengers to drive safely for the conditions and to prevent injury to others. Whenever a driver fails to meet this duty, they can and should be help legally liable for any ensuing damages. If you find that another driver involved in a car accident was ultimately responsible for the crash, you may opt to sue the other driver even if you are a passenger in their car. This is the most common scenario in a car accident. However, often times, a driver of the car the passenger was in is found to be liable for the accident, leaving the passenger with little option but to seek recourse from the driver. Many times, this is a close friend – so these situations can be delicate. However, a skilled personal injury lawyer knows how to tactfully handle this sometimes uncomfortable experience. After all, this is what car insurance is for.
Can A Passenger Sue a Driver for An Accident?
In Ohio and most other at-fault States, passengers can sue drivers that are at-fault for an accident. This might include the driver in the car with the passenger or another driver that hit their car. It depends on who was at-fault for the accident. Determining fault in a car accident can be a complex task. As long as the passenger themselves didn’t cause the accident, they will have the option to sue any of the drivers responsible to recover their damages. Not all personal injury cases, however, proceed to litigation. Its possible for the passenger to make an insurance claim and resolve their case without the need to sue the driver. Many cases where passengers are injured result in a passenger accident settlement instead of a lawsuit.
How Do You Make a Passenger Car Accident Claim?
Passenger car accident claims are not much different than claims where another driver caused a crash. In fault-based States like Ohio, if a driver has a passenger in their vehicle and is at fault for the accident, the passenger can typically make a claim against the driver’s auto insurance. Even if the driver is not at fault, they may have special coverages such as medical payments that are available to the passenger. Most insurance policies carry passenger insurance coverage. If another driver caused the accident and it injured the passenger, they can usually make their claim against the at-fault driver under standard liability coverage. The most important question in fault-based States like Ohio when determining how to make a claim as a passenger depends on who was at fault for the accident.
Can a Passenger be Responsible?
If you’ve been injured as a passenger in a car accident in Ohio, you may be wondering if you could be held liable for the damages caused. In general, the answer is that it is unlikely. However, some specific facts may lead to a finding that you were – as a passenger – most responsible for the car accident. These are situations in which the passenger is found to be “negligent” – or careless – while riding in the passenger seat. A somewhat common example of this is a situation in which the passenger distracts the driver in some way that led to the car accident occurring. In such rare cases, Ohio’s comparative negligence rules may come into play. However, by and large, in most car accidents the passenger has little to no control over the actions of the driver, and thus, are not held responsible for any resultant injuries.
What Should I Do If I've Been in a Passenger Car Accident?
Like all car accidents, there are some best practices we advise to anyone involved in car accident as a passenger. The biggest step involves thoroughly documenting the details of the car accident – including getting photographs and videos if possible. In general, after a car accident, if it’s safe to do so:
- Take pictures of the damage to vehicles, any skid marks and nearby traffic signs and signals. If you can, it’s helpful to take pictures from different angles to provide as much context and scale as possible.
- Obtain any contact information for witnesses – as well as note the location of any private or public cameras in the area
- Make sure to obtain the insurance information for all drivers involved.
- Follow up with your primary care physician and make sure to save all medical records and bills as you receive them.
- Carefully document your injures and how they affect your daily life on an ongoing basis. This can be done in a simple diary or by cell phone video.
Dennis P. Sawan
